The New Criminal Laws introduced by the Centre last year are set to come into effect from July 1. The Code of Criminal Procedure (CrPC) will be replaced with the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. While introducing the three new criminal law bills last year, Home Minister Amit Shah said that state-of-the-art technologies have been incorporated into the new laws.
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BHARAT: The new criminal laws introduced by the Centre last year are set to come into effect from July 1. The Code of Criminal Procedure (CrPC) will be replaced with the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. This significant legislative change aims to modernize India’s criminal justice system by incorporating advanced technologies and streamlined processes.
Home Minister Amit Shah, while introducing the three new criminal law bills last year, emphasized the incorporation of state-of-the-art technologies in the new laws. He stated,
“The definition of documents has been expanded to include electronic or digital records, emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, and messages available on devices. These can be used in courts, providing freedom from the pile of papers.”
This modernization is expected to enhance efficiency and reduce the reliance on physical documentation.
The new law, while retaining most of the provisions from the CrPC, has introduced several amendments. These include the implementation of timelines, the integration of technology and forensic sciences, and the use of electronic communication. Section 530 of the Act is particularly notable, as it states,
“Trials and proceedings under this code may be held in electronic mode, using electronic communication and audiovisual means. The issuance, service, and execution of summons and warrants, examination of complainants and witnesses, recording of evidence in inquiries and trials, and all appellate proceedings may be held in electronic mode.”
For the procedure of registering a First Information Report (FIR), the new law stipulates that information about a cognizable offence can be given orally or through electronic communication, “irrespective” of the area where the offence took place. This provision aims to simplify and expedite the FIR registration process.
Section 105 of the Act introduces the recording of search and seizure through any audio-video electronic means. It states,
“The process of conducting a search of a place or taking possession of any property, article, or thing, including the preparation of the list of all things seized and the signing of such list by witnesses, will be recorded through any audio-video electronic means, preferably a mobile phone. The police officer must without delay forward such recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class.”
This measure ensures transparency and accountability during search and seizure operations.
Regarding the serving of summons, Section 66 states,
“When the accused person, to whom the summons has been served, is not found at home, the same can be served to any adult member of the family, regardless of gender.”
This contrasts with the CrPC, where summons could only be served to an adult ‘male’ member of the family. Additionally, Section 63 allows for the service of summons through electronic communication, expanding beyond the CrPC’s requirement for personal service.
Section 254 outlines the court’s ability to collect evidence electronically, stating,
“The court can electronically collect evidence in support of a prosecution, and the evidence of witnesses can be recorded by audio-video electronic means. The deposition of evidence of any public servant may be taken through any audio-video electronic means.”
This provision aims to streamline the evidence collection process and reduce delays.
The new law also introduces specific timelines for various legal procedures. Section 251 mandates that for cases exclusively triable by the court,
“A charge against the accused should be framed in writing, within a period of 60 days from the date of the first hearing on the charge.”
Furthermore, police officers are required to inform the progress of investigations to the informant or victim within 90 days by any means, including electronic communication.
In cases of sexual offences, Section 193(2) specifies,
“The investigation in relation to sexual offences against women, including rape and gang rape, and some offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, is to be completed within two months from the date on which the information was recorded by the officer in charge of the police station.”
This provision ensures a swift investigation process for such serious offences.
Section 84(4) allows the court to pronounce an accused a proclaimed offender if they fail to appear. It states,
“Where a proclamation published under sub-section (1) is in respect of a person accused of an offence, which is made punishable with imprisonment of 10 years or more, or imprisonment for life or with death, and such person fails to appear at the specified place and time required by the proclamation, the court may, after making such enquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.”
This provision aims to enhance accountability and ensure that accused individuals face justice.
The new Act also defines ‘audio, video, electronic,’ and ‘electronic communication,’ providing clarity and legal recognition for modern communication methods. This inclusion is crucial for the effective implementation of the Act’s various provisions.
The use of handcuffs is specifically addressed in Section 43(3), which states,
“A police officer may, keeping in view the nature and gravity of the offence, use handcuffs while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed an offence of organised crime, a terrorist act, a drug-related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offence against children, or an offence against the State.”
This provision aims to balance the need for security with the rights of the accused.
Section 20 of the new Act allows for the establishment of a District Directorate of Prosecution in every district. It states,
“In addition to the state directorate, the state government may establish a District Directorate of Prosecution in every district, consisting of as many Deputy Directors and Assistant Directors of Prosecution as it deems fit.”
This provision aims to strengthen the prosecution infrastructure at the district level.
Lastly, the new Act removes the provision for metropolitan areas, which under the CrPC allowed the state government to declare any area with a population exceeding one million as a metropolitan area. This change reflects a shift in the legal framework’s approach to urbanization and jurisdictional boundaries.
In summary, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 introduces several significant changes to India’s criminal justice system, emphasizing the use of technology, transparency, and efficiency. The new provisions aim to modernize legal processes, reduce delays, and enhance accountability within the system.
The introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 marks a significant shift in India’s criminal justice system, aiming to modernize and streamline various legal processes. This transition from the Code of Criminal Procedure (CrPC) to BNSS reflects the government’s commitment to incorporating advanced technologies and enhancing the efficiency of the judicial system.
Key Changes and Implications
Incorporation of Technology: One of the most notable aspects of BNSS 2023 is the extensive use of technology. Home Minister Amit Shah highlighted that the definition of documents now includes electronic records, emails, server logs, and other digital communications. This modernization is crucial in an era where digital evidence is increasingly significant. By allowing digital records to be admissible in court, the legal system can move away from cumbersome paper trails, thereby expediting legal proceedings.
Electronic Mode of Trials: Section 530’s provision for holding trials and proceedings via electronic communication and audiovisual means is a transformative step. This change is expected to reduce delays and improve the accessibility of the judicial process, especially in remote areas. The ability to issue summons, record evidence, and conduct trials electronically can significantly streamline operations and make the system more resilient to disruptions like those experienced during the COVID-19 pandemic.
Timelines and Efficiency: The introduction of strict timelines for various legal procedures is another critical improvement. For instance, Section 251 mandates that charges must be framed within 60 days from the first hearing, while investigations in sexual offence cases must be completed within two months. These timelines are intended to reduce the prolonged delays that have historically plagued the Indian judicial system, ensuring swifter justice.
Transparency and Accountability: The provisions for recording search and seizure operations through audio-video means (Section 105) and allowing the court to declare an accused a proclaimed offender (Section 84) enhance transparency and accountability. These measures aim to protect the rights of individuals while ensuring that the judicial process remains rigorous and fair.
Practical Implications: The changes regarding the serving of summons and the use of handcuffs reflect a balance between practicality and human rights. Allowing summons to be served to any adult family member, regardless of gender, and specifying conditions for the use of handcuffs address practical challenges faced by law enforcement while safeguarding individual rights.
Prosecution Infrastructure: The establishment of District Directorates of Prosecution is a significant step towards strengthening the prosecution framework. This move is expected to enhance the effectiveness of the legal process at the district level, ensuring better management and coordination of prosecution efforts.
Potential Challenges
Implementation: While the new laws are comprehensive and forward-looking, their successful implementation will be key. Training law enforcement officers, judicial staff, and legal professionals on the new provisions and the use of technology will be crucial. Additionally, ensuring that the necessary technological infrastructure is in place across the country, especially in rural and remote areas, will be a significant challenge.
Balancing Technology with Privacy: As the legal system increasingly relies on digital evidence and electronic communication, concerns about data privacy and security will need to be addressed. Ensuring that digital evidence is protected from tampering and misuse will be vital to maintaining the integrity of the judicial process.
Public Awareness: Educating the public about these changes will be essential for the effective functioning of the new laws. Citizens need to be aware of their rights and the new procedures to fully benefit from the reforms.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 represents a bold and progressive step towards modernizing India’s criminal justice system. By incorporating advanced technologies, setting strict timelines, and enhancing transparency, the new laws aim to make the judicial process more efficient and accessible.
However, the successful implementation of these reforms will require concerted efforts in training, infrastructure development, and public awareness. If these challenges are met, BNSS 2023 has the potential to significantly improve the administration of justice in India.
Click Here to Read Previous Reports on New Criminal Laws
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