New Provisions under BNSS, 2023
New Provisions under BNSS, 2023
The Bhartiya Nargrik Suraksha Sanhita, 2023, includes several new provisions under BNSS, 2023 relating to reform of Criminal Justice System, including as under:-
- Electronic means: - Section 530 of the BNSS, All trails, inquiry and proceedings under this Sanhita may be held in electronic mode.
- Forensic Investigation: - Section 176 of the BNSS, forensic experts requires visiting crime scenes and collecting evidence, which is punishable with at least 7 year imprisonment.
- In- Absentia trail: - Section 356 of the BNSS, Trail is conducted even when the accused is not physically present in the court. The court can proceed with the trail in absentia if there is no immediate prospect of arresting the accused, if they are proclaimed offender or have otherwise absconded.
- Zero FIR (Registration of FIR): - Section 173 BNSS allows for punishable with more than 3(three) years the registration of FIR at any police station, regardless of the area where the offence was committed.
- E- FIR: - Online FIR can be registered in certain cases.
- Audio-Video Recording: - audio-video recording of searches and seizures to increase transparency.
Specified Timelines:
BNSS sets out timelines for various aspects of
the investigation and trail process as under:-
Conducting Preliminary
Enquiry: - Section 173(3) of the BNSS, 2023, preliminary
enquiry to be conducted within 14 days. Proceed with investigation if a prima
facie case exists.
E-FIR: - by
electronic communication, it shall be taken on record once it is signed by a
person giving within 3 days. Section 173(1)(ii) the E-FIR to be signed within
(3) three days.
Medical Examination
Report of Rape Victim: - Section 184(6) of the BNSS, the
registered medical practitioner shall send the report to the investigating
officer within a period of (7) seven days.
Recording of Search and
Seizure through Audio-Video Electronic means: - Section
105 of the BNSS, the police officer shall without any delay forward such
recording to the DM/SDM/JM of the first class.
Search by the police
officer: - Section 185(5) of the BNSS, forwarding
of copies of record of search to magistrate not later than 48 hours.
Police to Enquire and
Report on Suicide, etc: - Section 194(2) of the BNSS, the
report shall be signed by such police
officer and other person or by such number
of them as agree thereto ,
and shall be forwarded
to the DM/SDM within 24 hour.
Report of police
officer on completion of investigation: - section 193(2)
of the BNSS, offence under 4, 6, 8, and Section 10 of the protection of
Children from Sexual Offences Act, 2012 in addition to offence of Rape and Gang
rape cases shall be completed within two month.
Section 193(3) (ii),
the police officer shall, within a period of 90 days, inform the informant or
the victim about the progress of the investigation through any means including
electronic communication.
Section (193)(9) Further Investigation may be conducted
with the permission of the court and the same shall
be completed within a period of 90 days which may be extended with the
permission of the Court.
Completion of committal proceedings to Court of Session: - The proceeding under section 232 of the BNSS shall be completed within a period of ninety days from the date of taking cognizance, further extendable to 180 days.
Discharge
Application by Accused: - The accused may prefer an
application for discharge within a period of 60 days from the committal of the
case under section 232.
Framing of Charge:
- A Charge against the accused within a period of 60 days from the date of
first hearing of charge.
Judgment: - within 30
days from the completion of arguments and not later than 45 days.
Admission and Denial of Documents: - Section under 330 of the BNSS, the prosecution and the accused must admit or deny authenticity of each document and in no case later than 30 days after such supply.
Disposal of Property:
Section 497(2) of the BNSS, the Court or the Magistrate shall, within a period
of (14) fourteen days from the production of property and sub section (5)
disposal by court within 30 days after the statement.
Application for plea bargaining:
- An accused person of an offence may file an application for plea bargaining
within a period of 30 days from the date of framing of charges.
Newly Added Section:
Section 2(1)(a)- "audio-video
electronic means"
Section 2(1)(b)- "bail"
Section 2(1)(d)- "bail bond"
Section 2(1)(e)- "bond"
Section 2(1)(i)- "electronic
communication"
Section 86- Identification and attachment of
property of proclaimed person.
Section 105- Recording of search and seizure
through audio-video electronic means.
Section 107- Attachment, forfeiture or
restoration of property.
Section 172- Persons bound to conform to lawful
directions of police.
Section 336- Evidence of public servants,
experts, police officers in certain cases.
Section 356- Inquiry, trail or judgment in
absentia of proclaimed offender.
Section 398 - Witness protection scheme.
Section 472 - Mercy petition in death sentence
cases.
Section 530 - Trail and proceedings to be held
in electronic mode.
Removal Sections:
Section 2(f) - "India"
Section 2(k) - "metropolitan area"
Section 2(q) - "pleader"
Section 2(t) - "prescribed"
Section 8 - Metropolitan area.
Section 10 - Subordinate of Assistant Session
judges.
Section 16 - Courts of Metropolitan Magistrate.
Section 17 - Chief Metropolitan Magistrate and
Additional Chief Metropolitan Magistrate.
Section 18 - Special Metropolitan Magistrates.
Section 19 - Subordinate of Metropolitan
Magistrate.
Section 27 - Jurisdiction in case of juveniles.
Section 144A - Power to prohibit carrying arms
in procession or mass drill or mass training with arms.
Section 153- Inspection of weights and measures.
Section 355- Metropolitan Magistrate's judgment.
Section 357B - Compensation to be in addition to
fine under Section 326-A or Section 376-D of Indian Penal Code.
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