Key Changes in Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 {Part 1}

 A. Leniency and First-Time Offender Provisions

1. Enhanced Plea Bargaining Benefits

BNSS Section 293 reduces punishment for first-time offenders to 1/4th and 1/6th of minimum punishment (previously 1/2 and 1/4th under CrPC Section 265E). This shows the law's humanitarian approach toward first-time offenders.

2. Mandatory Bail for First-Time Undertrials

BNSS Section 479 allows first-time offenders to get mandatory bail after serving 1/3rd of punishment (previously 1/2 under CrPC Section 436A). Jail superintendents now have a duty to apply for release of eligible prisoners.

B. Gender Equality and Inclusive Language

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Trial in Absentia Now Operational for Proclaimed Offenders under BNSS, 2023 by Maharashtra government notification dated 14 August 2025

 Introduction

In a significant move to tackle delays caused by absconding accused, the Government of Maharashtra has, by notification dated 14 August 2025, exercised powers under Section 356(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to operationalize trial in absentia for proclaimed offenders. This move is expected to improve the efficiency of the criminal justice system and curb tactics of evasion by habitual absconders.

Read notification here: Click here

Legal Framework: Section 356(8) and Section 84(1) of BNSS, 2023

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Trial in absentia under the Bharatiya Nagarik Suraksha Sanhita (BNSS)

Trial in Absentia under the BNSS (Section 356)

Trial in absentia under the Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically governed by Section 356, introduces a structured procedure for conducting a criminal trial when the accused—declared a proclaimed offender—is deliberately absent to evade justice.

Key Features of Trial in Absentia under BNSS

1. Preconditions for Trial in Absentia

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Whether it is possible to complete criminal trial within three years as provided under BNSS ? examine critically

The BNSS, 2023, aims to reform the criminal justice system in India, including provisions for time-bound trials. However, while the BNSS sets ambitious timelines for various stages of the judicial process, it does not explicitly state that all criminal trials must be completed within three years. Instead, it introduces specific time limits for key procedures, which may collectively contribute to a more efficient system.

Key Timelines Established by the BNSS

1. Investigation:

   - Filing of Chargesheet: Must be completed within 90 days for most offences, with an extension of another 90 days possible upon court approval.

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