Unveiling the Bharatiya Nagarik Suraksha Sanhita (BNSS): A Legal Revolution Unfolding

The Bharatiya Nagarik Suraksha Sanhita (BNSS), enacted in 2023 and enforced on 1^st July 2024, is a Procedural Law enacted by the makers / legislators to govern the criminal trial in courts dealing with criminal procedure in India and is significant legal framework in India. It replaced the older Code of Criminal Procedure (CrPC). BNSS focuses on the procedure for administering substantive criminal law, aiming to enhance efficiency, victim support, and overall effectiveness in the criminal justice system.

According to According to the Hon’ble Home Minister, while presenting the bills in the parliament, he emphasised that there was a need felt by the whole nation to revise and renew the laws that govern the very basic social fabric of the of this country and its people. there was a need felt to remove the boundations of the colonial era imposed by the British rule and come out with a new law which matches the fast pace of current generation, time and addresses the growth and the speed at which the country is currently moving with a further attention to the future that is Insite.

Some of the Key Features of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deal with the modernization of trends that can be seen in developing country like India and the aspirations of a developing country wanting to become a developed country and find its position of respect, order and sanctity in this fast paced yet diverse landscape. With the amendments made in BNSS the Legislature has made attempt to give a modern touch and integrate it with tools and procedure at the disposal of the enforcement agencies in present times. BNSS has made efforts to try and include as much as possible the elements, the hardships and the solutions to thereof of a digital world progressing towards the future like India, by including changes made specifically to address digital records, digital transactions, digital evidence practises, modernisation in Forensic investigation etc.

Though Bharatiya Nagarik Suraksha Sanhita (BNSS) does not expressly talk about police reforms that are much needed in the present times, it does include some elements that were highly desired by the people for managing of police and their powers and have significantly increased the power of police in some matters so as to provide better law and order solutions as well as to help the common man and the government to provide speedy justice to each individual of this country. However, these changes might be perceived to be inadequate or in some cases be providing excessive power to the police which may result in misuse of powers by the police than to the intended purpose of these reforms. Bharatiya Nagarik Suraksha Sanhita (BNSS) also embraces and revises rules concerning bail and detention and other aspects as mentioned below.

When it comes to having a procedural law made of the likes of CrPC and BNSS, there has been a invisible yet evident tussle between the general public on one hand and the government and all the law enforcement bodies on the other hand, both trying their best to shift the balance somewhat in their favour. CrPC proved itself over time to have stuck a perfect balance between interests of both sides over time with obvious help from the courts and their landmark judgements in cases, explaining and adjusting powers in the code to the best interest of both parties. BNSS has yet to examine itself on the same parameters on which CrPC was evaluated. 

Some of the main differences Between BNSS and CrPC are as follows:-

1. Title and Terminology:

The CrPC stands for the Code of Criminal Procedure. It has been in force since 1973.

The BNSS, or Bharatiya Nagarik Suraksha Sanhita, is a more recent legislation introduced in 2023. It replaces the term “code” with “Sanhita.” (meaning Code in Hindi)

 2. Structure and Chapters:

Both BNSS and CrPC have 38 Chapters, but The CrPC consists of 38 chapters however number of Sections and Forms do differ:

• CrPC: The CrPC contains 484 sections, 2 schedules, and 56 forms.
• BNSS: The BNSS has 533 sections, 2 schedules, and 56 forms.

 3. Objectives and Focus:

The code of criminal procedure was a procedural law that was made in pre-independence era and hence had elements which highlighted the fact that the government that rules the public has power up and over the general public and further have the responsibility and the duty to maintain public order and rule of law in the country by any means necessary. Though it may seem that law that would come out of such a logic would be very strict on the public, the code of criminal procedure was in itself a very well researched and unbiased and commendable piece of literature that was drafted by the Legislature at the time. It had pretty balance approach while dealing with subjects relating to Providing power to the authorities that are responsible for maintaining rule of law in the country.

The BNSS, or Bharatiya Nagarik Suraksha Sanhita Primarily focuses on removing all the barriers and limitations that had occurred or developed in the 75 plus years of Independence for a country that aspires to become a developed country in a span of few decades. BNSS emphasis on protecting the victims of crime and giving them a voice,  understanding their pain and making the surroundings respond in a way that can help the victim overcome or heal from the wrongdoings of a crime. BNSS has made support mechanisms and has integrated provisions specifically related to how victim of a crime needs to be treated, providing information to the victim of a crime to help him cope with these situations the person might be dealing with at present and helping them secure a better future.

The BNSS, or Bharatiya Nagarik Suraksha Sanhita also encompasses provision relating to speedy justice and speedy disposal of cases by implementing timeframes and time limits in certain cases so as to help the courts and the investigative agencies to be able to deliver speedy results to the victims of crime.

4. Powers of the Police:

Powers of the police have always been a topic that many jurors have elaborately discussed upon for generations. Some of them believe that the powers present with the police and investigative authorities have always been lacking with respect to the duties that they have to perform to be able to maintain rule of law and implement the orders of the government one to the general public. However there have been a few intellectuals that have discussed and expanded upon the powers of the police and the investigative agencies in India and how they are harming the general public by misusing those powers to fulfil ulterior motives. According to these individuals/jurists police already have excessive power with them to be able to provide for the enforcement of the rule of law in the country and do not need any amendment or law for that matter which enhances these powers to a degree from which the misuse cannot just be prevented and apprehended and will in turn result in serious damage to the social political and economical fabric of the country. I would surely like to know the opinion of my reader on this topic.

Although we do not know what went in at the time of making of BNSS and what were the considerations and inputs that were considered by the drafting committee that drafted this code which replaced CrPC we can assume and acknowledge that in both cases the perspectives were considered by the draughtsman, however, it was felt that the powers of the police and the investigative agencies were lacking to a point from where these agencies were not able to perform as intended and hence needed a significant boost in powers so as to restore proper functionality with these institutions.

     5. Provisions for Arrest:

Provisions relating to the arrest in BNSS have seen significant changes with respect to its equivalent in CrPC Which the makers have tried to put into perspective with recent trends, case laws and the present requirements of the nation and to allow the country to have laws that are in place that are comparable to developed country. The BNSS, or Bharatiya Nagarik Suraksha Sanhita Have introduced provisions of arrest based on compassionate grounds requirement permission from the deputy Superintendent of the police for certain category of individuals. It also has provisions relating to non-arrest of a person in case of petty offences which were highly needed by the society so as to put a cheque on the misuse of powers that was prevalent in the country.

BNSS: Expands the grounds for arrest, allowing for arrest without a warrant in a wider range of cases. This change aims to enhance law enforcement’s ability to apprehend suspects promptly.

     6. Investigation Powers to police and other agencies:

BNSS empowers the police with additional investigation powers. It also sets a specific time frame within which investigations must be completed. This ensures timely and efficient handling of criminal cases.

     7. Streamlining of Trial and Process:

BNSS requires courts to dispose of cases within specified time periods. For instance, judgments must be given within 30 days of completing arguments (extendable up to 45 days). Victims must be informed of investigation progress within 90 days, and charges must be framed by a sessions court within 60 days from the first hearing.

     8. Medical Examination and Forensic Investigation:

BNSS allows any police officer to request a medical examination of the accused in certain cases, including rape cases. Previously, only a registered medical practitioner could conduct such examinations upon request by a sub-inspector level police officer. CrPC had more limited provisions regarding medical examinations.

BNSS mandates forensic investigation for offenses punishable with at least seven years of imprisonment. Forensic experts will visit crime scenes, collect evidence, and record the process using mobile phones or other electronic devices. CrPC did not explicitly emphasize forensic investigation in the same way. These are the differences provisions that show how far have become into this modern era with modern tools available to investigate and to dispose of matters which were clearly lacking in the previous code of criminal procedure and these can be ascertained as welcome changes to our present.

    9. Hierarchy of Courts:

A major change that has been brought by this law is how it deals with the hierarchy of courts with respect to the code of criminal procedure that existed previously. the code of criminal procedure admits certain classifications with respect to the naming of codes in metropolitan areas of a city and the hierarchy thereof which according to some juris was complex and did not provide it with enough reason support every existence of bifurcation. Now it seems that the draftsmen of this code have addressed this issue and have removed the classification of a metropolitan area as previously present in Code of criminal procedure and as a result we are now left with only the bifurcation of courts that simplifies and unifies the court structure.

For example, earlier when a lawyer who used to practise in Delhi came across a court or a litigant in other parts of the country with low population areas, He or she always Keep in mind and had to address that court with respect to the title that court had in relation to the population of that area concerned. The lawyer practising in Delhi would then address the courts in Delhi as metropolitan magistrate courts whereas he would address the court situated in other areas of the same ranks as that of the metropolitan magistrate courts situated in Delhi as courts of Judicial Magistrate of first class, which made no sense and had become tedious and impractical. The present law has brought changes that has removed barriers and I have overcome technically difficulties that may arise because of unnecessary hurdles present at the time.

    10. Use of Handcuffs:

BNSS permits the use of handcuffs in various cases, including organized crime. This is a departure from previous directives laid down by the Supreme Court in cases like Prem Shankar Shukla VS Delhi Administration (1980), D.K Basu VS State of West Bengal (1996) etc.  

CrPC did not specifically address the use of handcuffs. However, it was a settled notion that handcuffs would not be used until it was very necessary and specifically handcuffs would and should be avoided in places like a court of law till it cannot be avoided any further.

Conclusion

Thus, the conclusion that we reach is that though The Code of criminal procedure that existed previously was effective in its own way but now BNSS, or Bharatiya Nagarik Suraksha Sanhita, has made significant additions and advancements into the current procedure governing the criminal trial that we hope will result in better and effective delivery of Justice and rule of Law in the country.

i am of the opinion at present that BNSS has provided excessive powers to the Law enforcement agencies, at point that were already infamous in courts for prevailing misuse of powers. For Example provisions relating to police remand were already looked after as very stringent in CrPC. now with BNSS further extending powers of Law enforcement agencies with respect to Police remand/custody, it can be safely presumed that the instances of misuse will only grow from this point. 

though i would like to clarify that not all is bad in BNSS, the changes made to CrPC could have easily been incorporated with a simple amendment rather that repealing the complete code. this has again been a cause of annoyance for most legal professionals, who now have to read and practice before the courts, two separate codes on same topic, at least for a few years from now till cases stated in CrPC, Evidence Act and Indian penal Code do not get dispensed with in courts. 

There have been topics that have been discussed but not elaborated in this blog. To know more about the detailed perspective on these topics, stay tuned to other posts in this blog. The author wishes to elaborate in detail in separate articles about the topics mentioned in this blogpost for better understanding of the topics. 

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