Important features of Bharatiya Nagarik Suraksha Sanhita, 2023

 1. The name of the Act is the “Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023” and it has replaced the Criminal Procedure Code, 1973.

2. Section 2 of BNSS has been expanded to introduce new definitions for key terms such as ‘audio-video electronic means’ [Section 2(1)(a)], ‘bail’ [Section 2(1)(b)], ‘bail bond’[Section 2(1)(c)], ‘bond’ [Section 2(1)(e)], and ‘electronic communication’ [Section 2(1)(i)]. These changes reflect the evolving landscape of technology in investigation, trial, and court proceedings, covering aspects such as the service of summons, notices, audio-video conferencing for deposition of evidence, and recording of search and seizure. Additionally, previously undefined, terms relating to ‘bail’ have now been defined. Further, the definition of ‘victim’ [Section 2(1)(y)] has been broadened by eliminating the requirement of the accused person being formally charged. This modification expedites the process of victims receiving compensation entitled to them in certain cases.

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Important changes brought about by Bharatiya Nagarik Suraksha Sanhita, 2023{Part 2}

1) Recording of evidence of successor of public servant

In order to expedite trials, a very timely provision has been added by way of Section 336 of BNSS. Whenever a report/document prepared by a public servant, scientific expert, or investigating officer is supposed to be used as evidence in a court, the maker of such document needs to testify before such court. However, due to unavoidable circumstances such as death, retirement, inordinate delay etc. in getting such person, the court can secure the attendance of the successor officer of such person. 

2) Another step taken to expedite trials is that now as per revised Section 274 of BNSS or Section 251 of CrPC regarding summons cases, a magistrate after recording reasons can now discharge the accused in case of groundless accusations.

3) In multiple instances, the role of other laws and agencies has been explicitly recognised by BNSS. For instance, earlier as per Section 268(2) of CrPC only state government could have passed a notification regarding prisoners, but now as per the revised corresponding Section 303(2) of BNSS even “Central government in cases instituted by its central agency” can do the same.

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Important changes brought about by Bharatiya Nagarik Suraksha Sanhita, 2023{Part 1}

1)   Leniency in plea bargaining

The code is also making some other humane changes to show leniency to first-time offenders in less serious offences and simultaneously address the issue of rising population of under-trial prisoners. For instance, in Section 293 of BNSS corresponding to Section 265E of CrPC relating to disposal of case in plea bargaining procedure, punishments have been significantly reduced for first-time offenders. Now they can be punished to 1/4th and 1/6th of minimum punishment as compared to 1/2 and 1/4th punishment respectively under Sections 293(c) and 293(d) of BNSS.

2) Legal aid in trial or appeal

The new law also seeks to increase the ambit for provision of legal aid. Section 304(1) of CrPC earlier provided for legal aid “in a trial before the Court of Session”. However, the revised section 341(1) of BNSS has replaced this with “in a trial or appeal before a Court” which significantly increases the ambit of the same. 

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Important highlights of new IPC new CRPC and new Evidence act as enacted in 2023

 The Indian Parliament passed three significant bills in 2023 to replace the existing criminal laws, namely the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1898, and the Indian Evidence Act of 1872. The new laws are the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha  Sanhita, and the Bharatiya Sakshya  Sanhita, which will replace the old criminal laws. Some of the key highlights and changes introduced by these new laws are as follows:

Bharatiya Nyaya (Second) Sanhita (New IPC)

• The new law eliminates the sedition law and introduces a new form of sedition as subversive activities.
• It prescribes penalties for disseminating false information through various means.

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