Bharatiya Nagarik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita
Parliament of India
  • An act to consolidate and amend the law relating to Criminal Procedure.
CitationAct No. 46 of 2023
Territorial extent India
Passed byLok Sabha
Passed20 December 2023
Passed byRajya Sabha
Passed21 December 2023
Assented to byPresident of India
Assented to25 December 2023
Commenced1 July 2024
Legislative history
First chamber: Lok Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Introduced byHome Minister, Amit Shah
Introduced12 December 2023
Committee responsibleScrutiny Panel of the Parliament
Passed20 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Second chamber: Rajya Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Received from the Lok Sabha20 December 2023
Member(s) in chargeHome Minister, Amit Shah
Passed with amendments21 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers21 December 2023
Repeals
Criminal Procedure Code
Related legislation
Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam
Status: In force

The Bharatiya Nagarik Suraksha Sanhita (BNSS) (IAST: Bhāratīya Nāgarik Surakśa Saṃhitā; lit. 'Indian Citizen Safety Code '), is the main legislation on procedure for administration of substantive criminal law in India.[1][2][3] The bill is to consolidate and amend the law relating to Criminal Procedure.[4] It is an approach towards a change in the current Criminal Laws of the Country as the experience of several decades of Indian democracy calls for a comprehensive review of our criminal laws, including the code for Criminal Procedure, 1973 and adapt them by the contemporary needs and aspirations of the people.

Background and timeline

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  • On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha.[5][6][7]
  • On 12 December 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was withdrawn.
  • On 12 December 2023 – 2024, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was introduced in Lok Sabha.[8]
  • On 20 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Lok Sabha.[9]
  • On 21 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Rajya Sabha.
  • On 25 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 has received the assent of the President of India.[10]

Structure

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The BNSS comprises 39 chapters and 531 sections. The outline of the Sanhita is as follows:[11][12]

The Bharatiya Nagarik Suraksha Sanhita, 2023
Chapters Clauses Classification of Offences
Chapter 1 Clauses 1 to 5 Preliminary
Chapter 2 Clauses 6 to 20 Constitution Of Criminal Courts And Offices
Chapter 3 Clauses 21 to 29 Power Of Courts  
Chapter 4 Clauses 30 to 34 Powers Of Superior Officers Of Police And Aid To The Magistrates And The Police
Chapter 5 Clauses 35 to 62 Arrest Of Persons
Chapter 6 Clauses 63 to 93 Processes To Compel Appearance
  • Summons (63 to 71)
  • Warrant Of Arrest (72 to 83)
  • Proclamation And Attachment (84 to 89)
  • Other rules regarding processes (90 to 93)
Chapter 7 Clauses 94 to 110 Processes To Compel The Production Of Things
  • Summons To Produce (94 to 95)
  • Search-warrants (96 to 101)
  • General Provisions Relating To Searches (102 to 104)
  • Miscellaneous (105 to 110)
Chapter 8 Clauses 111 to 124 Reciprocal Arrangements For Assistance In Certain Matters And Procedure For Attachment And Forfeiture Of Property
Chapter 9 Clauses 125 to 143 Security For Keeping The Peace And For Good Behaviour
Chapter 10 Clauses 144 to 147 Order For Maintenance Of Wives, Children And Parents
Chapter 11 Clauses 148 to 167 Maintenance Of Public Order And Tranquillity
  • Unlawful Assemblies (148 to 151)
  • Public Nuisances (152 to 162)
  • Urgent Cases Of Nuisance Or Apprehended Danger (163)
  • Disputes As To Immovable Property (164 to 167)
Chapter 12 Clauses 168 to 172 Preventive Action Of The Police
Chapter 13 Clauses 173 to 196 Information To The Police And Their Powers To Investigate
Chapter 14 Clauses 197 to 209 Jurisdiction Of The Criminal Courts In Inquiries And Trials
Chapter 15 Clauses 210 to 222 Conditions Requisite For Initiation Of Proceedings
Chapter 16 Clauses 223 to 226 Complaints To Magistrates
Chapter 17 Clauses 227 to 233 Commencement Of Proceedings Before Magistrates
Chapter 18 Clauses 234 to 247 The Charge
  • Form Of Charges (234 to 240)
  • Joinder of charges (241 to 247)
Chapter 19 Clauses 248 to 260 Trial Before A Court Of Session
Chapter 20 Clause 261 to 273 Trial Of Warrant-cases By Magistrates
  • Cases Instituted On A Police Teport (261 to 266)
  • Cases Instituted Otherwise Than On Police Report (267 to 270)
  • Conclusion Of Trial (271 to 273)
Chapter 21 Clause 271 to 282 Trial Of Summons-cases By Magistrates
Chapter 22 Clause 283 to 288 Summary Trials
Chapter 23 Clause 289 to 300 Plea Bargaining
Chapter 24 Clause 301 to 306 Attendance Of Persons Confined Or Detained In Prisons
Chapter 25 Clause 307 to 336 Evidence In Inquiries And Trials
  • Mode Of Taking And Recording Evidence (307 to 318)
  • Commissions For The Examination Of Witnesses (319 to 336)
Chapter 26 Clause 337 to 366 General Provisions As To Inquiries And Trials
Chapter 27 Clause 367 to 378 Provisions As To Accused Persons Of Unsound Mind
Chapter 28 Clause 379 to 391 Provisions As To Offences Affecting The Administration Of Justice
Chapter 29 Clause 392 to 406 The Judgment
Chapter 30 Clause 407 to 412 Submission Of Death Sentences For Confirmation
Chapter 31 Clause 413 to 435 Appeals'
Chapter 32 Clause 436 to 445 Reference And Revision
Chapter 33 Clause 446 to 452 Transfer Of Criminal Cases
Chapter 34 Clause 453 to 477 Execution, Suspension, Remission And Commutation Of Sentences
  • Death Sentences (453 to 456)
  • Imprisonment (457 to 460)
  • Levy Of Fine (461 to 464)
  • General provisions regarding execution (465 to 471)
  • Suspension, Remission And Commutation Of Sentences.e (472 to 477)
Chapter 35 Clause 478 to 496 Provisions As To Bail And Bonds
Chapter 36 Clause 497 to 505 Disposal Of Property
Chapter 37 Clause 506 to 512 Irregular Proceedings
Chapter 38 Clause 513 to 519 Limitation For Taking Cognizance Of Certain Offences
Chapter 39 Clause 519 to 531 Miscellaneous

Changes

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The BNSS makes a number of changes to the CrPC, some key changes are:[13]

  • Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC.[14]
  • Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial. Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.[15][non-primary source needed]
  • Improving the efficiency of the criminal justice system: The BNSS seeks to improve the efficiency of the criminal justice system by streamlining procedures and reducing delays.[16]

The following are some of the key changes made in the BNSS:

  • Arrest: The BNSS expands the grounds for arrest and allows for arrest without a warrant in a wider range of cases.
  • Investigation: The BNSS gives the police more powers to investigate crimes and requires them to complete investigations within a specified time period.
  • Trial: The BNSS streamlines the trial process and requires courts to dispose of cases within a specified time period.

Criticism

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BNSS makes the ability of the accused to secure bail, more difficult and limits the scope for plea bargaining.[17] It empowers police officers to compel an accused to produce their digital devices to access their contents for investigation purposes. It also gives police the discretion to seize and attach the property of an accused before a trial has taken place.[17]

For every cognisable offence punishable for three years or more but less than seven years, BNSS mandates a preliminary inquiry to be conducted by the police before an FIR can be lodged.[18] This supersedes the Supreme Court's decision in Lalita Kumari vs Government of Uttar Pradesh in 2013, wherein the court found that investigating officers had undue powers in deciding whether an FIR was warranted.[19]

See also

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References

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  1. ^ "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". The Hindu. 11 August 2023.
  2. ^ "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". The Times of India. 11 August 2023.
  3. ^ ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV. 11 August 2023.
  4. ^ https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf
  5. ^ "Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'". India Today. 11 August 2023.
  6. ^ "Parliament session: Will repeal offence of sedition, says Amit Shah as he introduces 3 bills to overhaul justice system". LiveMint. 11 August 2023.
  7. ^ "The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained". NDTV. 11 August 2023.
  8. ^ "The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023" (PDF).
  9. ^ Das, Awstika (20 December 2023). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". Live Law. Retrieved 20 December 2023.
  10. ^ Shemin Joy. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 13 February 2024.
  11. ^ Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 PRS India, 10 November 2023
  12. ^ "Bharatiya Nagarik Suraksha Sanhita, 2023" (PDF). Digital Sansad. Archived from the original (PDF) on 15 July 2024. Retrieved 24 July 2024.
  13. ^ https://www.livelaw.in/pdf_upload/bharatiya-nagarik-suraksha-sanhita-511325.pdf
  14. ^ "Scan on detention of accused person in police custody for staggering period of up to 90 days". Telegraph India. 21 December 2023.
  15. ^ "Right of arrested person to meet an advocate of his choice during interrogation. Person arrested to be informed of grounds of arrest and of right to bail. Examination of arrested person by medical officer" (PDF). prsindia.org. 13 December 2023.
  16. ^ "Revised criminal law bills: Key changes explained". The Hindu. 18 December 2023.
  17. ^ a b Vineet Bhalla (7 January 2024). "How Modi government's new criminal laws drastically increase police powers". Scroll.in. Retrieved 21 June 2024.
  18. ^ Indira Jaising (17 June 2024). "With new criminal laws, rights won in Supreme Court can be overturned by government". The Indian Express. Retrieved 21 June 2024.
  19. ^ V. Venkatesan (2 July 2024). "New criminal laws push India toward a regressive past". Frontline. Retrieved 5 July 2024.
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