Chapters in The Bharatiya Nagarik Suraksha Sanhita 2023

Legislative Brief: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Key Features of the Bill

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) proposes to replace the Criminal Procedure Code (CrPC), 1973. The CrPC currently governs the procedures for arrest, prosecution, and bail, but the BNSS introduces several reforms aimed at modernizing and streamlining the justice process.

1. Forensic Investigations:
   The BNSS mandates the use of forensic investigations for crimes punishable by seven years or more of imprisonment. Forensic experts will be required to visit crime scenes, collect evidence, and document the entire process.
2. Electronic Proceedings:
   The Bill permits the conduct of all trials, inquiries, and proceedings via electronic means. It also allows for the submission of electronic communication devices that may contain digital evidence, enhancing the scope of digital evidence in investigations and trials.
3. Trials in Absence of Proclaimed Offenders:
   In cases where a proclaimed offender has fled to avoid trial and there are no immediate prospects for their arrest, the BNSS allows for the continuation of the trial and pronouncement of judgment in their absence.
4. Expanded Evidence Collection:
   The Bill permits the collection of additional forensic evidence, including specimen signatures, handwriting, finger impressions, and voice samples. These samples can be taken from individuals who have not been arrested, broadening the scope of evidence collection for investigations and legal proceedings.

The BNSS aims to modernize criminal proceedings, enhance the role of forensic science, and utilize technology for more efficient justice delivery.

Key Issues and Analysis

1. Police Custody and Bail:
   The BNSS allows police to keep someone in custody for up to 15 days, which can be split into parts during the initial 40 or 60 days of judicial custody. This could lead to people being denied bail for the full period, even if the police haven’t used all 15 days of custody.
2. Property Attachment without Safeguards:
   The BNSS gives authorities the power to seize property from the proceeds of crime, but it does not include the protective measures found in the Prevention of Money Laundering Act to prevent misuse of this power.
3. Bail Denial for Multiple Charges:
   Under the current CrPC, an accused person can get bail if they have been detained for half the maximum sentence of the crime they are accused of. However, the BNSS denies this option for individuals facing multiple charges, which is common in many cases. This could make it harder for people to get bail.
4. Use of Handcuffs:
   The BNSS allows handcuffing in a wide range of cases, including economic crimes. This goes against Supreme Court rulings that limit when handcuffs can be used, aiming to protect individuals from unnecessary humiliation.
5. Evidence from Retired or Transferred Officers:
   The BNSS allows evidence collected by retired or transferred investigating officers to be used by their successors. This can be problematic, as the person who originally gathered the evidence can’t be cross-examined in court, which violates normal legal procedures.
6. Missing Reforms:
   The BNSS does not include several important recommendations from high-level committees, such as reforms to sentencing guidelines and the codification of the accused’s rights, which were suggested for updating the CrPC.

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Chapter No. The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS)	Chapter Name The Bharatiya Nagarik Suraksha Sanhita 2023
1	PRELIMINARY
2	CONSTITUTION OF CRIMINAL COURTS AND OFFICES
3	POWER OFCOURTS
4	POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
5	ARREST OF PERSONS
6	PROCESSES TO COMPEL APPEARANCE
7	PROCESSES TO COMPEL THE PRODUCTION OF THINGS
8	RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
9	SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
10	ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
11	MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
12	PREVENTIVE ACTION OF THE POLICE
13	INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
14	JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
15	CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
16	COMPLAINTS TO MAGISTRATES
17	COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
18	THE CHARGE
19	TRIAL BEFORE A COURT OF SESSION
20	TRIAL OF WARRANT-CASES BY MAGISTRATES
21	TRIAL OF SUMMONS-CASES BY MAGISTRATES
22	Summary Trials
23	Plea Bargaining
24	Attendance of Persons Confined or Detained in Prisons
25	Evidence in Inquiries and Trials
26	General Provisions as to Inquiries and Trials
27	Provisions as to Accused Persons of Unsound Mind
28	Provisions as to Offences Affecting The Administration of Justice
29	The Judgment
30	Submission of Death Sentences for Confirmation
31	Appeals
32	Reference and Revision
33	Transfer of Criminal Cases
34	Execution, Suspension, Remission and Commutation of Sentences
35	Provisions as to Bail And Bonds
36	Disposal of Property
37	Irregular Proceedings
38	Limitation for Taking Cognizance of Certain Offences
39	Miscellaneous