Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) - Detailed Analysis

The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) enacted on 25th December, 2023 aims to replace outdated colonial-era criminal laws. The main objective is to create a faster and more efficient justice system by addressing procedural delays, case backlogs, low conviction rates, limited use of technology, slow investigations and underutilization of forensics.

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Overview of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS)

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into effect from 1st July, 2024, introducing a tech-driven and citizen-focused framework. It aims to streamline procedures, enhance conviction rates and reduce delays in the criminal justice system of India. The key provisions of the Act are as follows-

• Integration of artificial intelligence (AI) and digital tools for evidence management and case tracking
• Reducing procedural delays and stringent timelines for trials
• Enhanced rights for victims including better compensation mechanisms
• Ensure fair trials and prevent misuse of legal provisions

The Key Differences between Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) v. Criminal Procedure Code, 1973 (CrPC)

Aspect	BNSS 2023	CrPC 1973
Procedural Evolution	Streamlined for modern efficiency and focusing on technology and victim protection	Based on colonial-era CrPC 1898 with amendments to adapt to modern times
Special Executive Magistrates	Section 15: State Government can appoint police officers (SP or above) as Special Executive Magistrates	Limited to Executive Magistrates
Fine Imposition	Section 23: Fine limit raised to - Rs. 50,000 for Magistrates of the First class Rs. 10,000 for the Magistrate of Second class	Rs. 10,000 for Magistrates of the first class Rs. 5,000 for the second class
Protection for Aged/Infirm	Section 35(7): No arrest shall be made for offences with less than 3 years of imprisonment without the permission of the Deputy Superintendent of Police for a person who is infirm or is above sixty years of age	No specific protections
Technological Integration	Section 63 and Section 173: Introduced e-FIRs, Zero FIRs and electronic summons	No provisions for electronic tools
Mandatory Videography	Section 105 and Section 176 required videography for search/seizure and forensic investigations for serious offences	No mandatory videography and forensic investigations were discretionary
Witness Protection	Section 398 directs State Government to implement a witness protection scheme	No comprehensive witness protection framework
Timeline of the Trial	Section 258 and Section 346 sets strict deadlines	No fixed timelines
Victim Rights	Provided rights like updates on-  investigation progress victim compensation mandatory hearing before prosecution withdrawal	Victim rights were primarily derived from case law
Use of Forensics	Highlights mandatory forensic investigations for offences with imprisonment of 7+ years	Lack provisions of Forensic investigations
Electronic Mode in Trials	Section 530 permits trials, inquiries and appellate proceedings via electronic modes	No specific provisions for electronic trials

Conclusion

The Bharatiya Nagarik Suraksha Sanhita, 2023 marked a transformative step in the criminal justice system of India regarding the limitations of the colonial-era CrPC. The BNSS aims to deliver a faster, fairer and more accessible legal framework with its focus on efficiency, technology and citizen-centric justice paving the way for a modernised approach to justice delivery.