Bharatiya Nagarik Suraksha Sanhita Explained

Short Title:Bharatiya Nagarik Suraksha Sanhita
Legislature:Parliament of India
Long Title:An act to consolidate and amend the law relating to Criminal Procedure.
Autocollapse Long Title:true
Citation:Act No. 46 of 2023
Territorial Extent: India
Enacted By:Lok Sabha
Date Passed:20 December 2023
Enacted By2:Rajya Sabha
Date Passed2:21 December 2023
Assented By:President of India
Date Assented:25 December 2023
Date Commenced:1 July 2024
Bill:The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Introduced By:Home Minister, Amit Shah
Date Introduced:12 December 2023
Committee Responsible:Scrutiny Panel of the Parliament
Passed:20 December 2023
Passed For:Majority Voice
Passed Against:Minority Voice
Bill2:The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Bill Date2:20 December 2023
Introduced By2:Home Minister, Amit Shah
Second Chamber Action:passed with amendments
Passed2:21 December 2023
Passed2 For:Majority Voice
Passed2 Against:Minority Voice
Date Final Passage:21 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;), 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

Structure

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 1Clauses 1 to 5Preliminary
Chapter 2Clauses 6 to 20Constitution Of Criminal Courts And Offices
Chapter 3Clauses 21 to 29Power Of Courts  
Chapter 4Clauses 30 to 34Powers Of Superior Officers Of Police And Aid To The Magistrates And The Police
Chapter 5Clauses 35 to 62Arrest Of Persons
Chapter 6Clauses 63 to 93Processes 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 7Clauses 94 to 110Processes 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 8Clauses 111 to 124Reciprocal Arrangements For Assistance In Certain Matters And Procedure For Attachment And Forfeiture Of Property
Chapter 9Clauses 125 to 143Security For Keeping The Peace And For Good Behaviour
Chapter 10Clauses 144 to 147Order For Maintenance Of Wives, Children And Parents
Chapter 11Clauses 148 to 167Maintenance 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 12Clauses 168 to 172Preventive Action Of The Police
Chapter 13Clauses 173 to 196Information To The Police And Their Powers To Investigate
Chapter 14 Clauses 197 to 209Jurisdiction Of The Criminal Courts In Inquiries And Trials
Chapter 15Clauses 210 to 222Conditions Requisite For Initiation Of Proceedings
Chapter 16Clauses 223 to 226Complaints To Magistrates
Chapter 17 Clauses 227 to 233Commencement Of Proceedings Before Magistrates
Chapter 18Clauses 234 to 247The Charge
  • Form Of Charges (234 to 240)
  • Joinder of charges (241 to 247)
Chapter 19Clauses 248 to 260Trial Before A Court Of Session
Chapter 20Clause 261 to 273Trial 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 21Clause 271 to 282Trial Of Summons-cases By Magistrates
Chapter 22Clause 283 to 288Summary Trials
Chapter 23Clause 289 to 300Plea Bargaining
Chapter 24Clause 301 to 306Attendance Of Persons Confined Or Detained In Prisons
Chapter 25Clause 307 to 336Evidence In Inquiries And Trials
  • Mode Of Taking And Recording Evidence (307 to 318)
  • Commissions For The Examination Of Witnesses (319 to 336)
Chapter 26Clause 337 to 366General Provisions As To Inquiries And Trials
Chapter 27Clause 367 to 378Provisions As To Accused Persons Of Unsound Mind
Chapter 28Clause 379 to 391Provisions As To Offences Affecting The Administration Of Justice
Chapter 29Clause 392 to 406The Judgment
Chapter 30Clause 407 to 412Submission Of Death Sentences For Confirmation
Chapter 31Clause 413 to 435Appeals'
Chapter 32Clause 436 to 445Reference And Revision
Chapter 33Clause 446 to 452Transfer Of Criminal Cases
Chapter 34Clause 453 to 477Execution, 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 35Clause 478 to 496Provisions As To Bail And Bonds
Chapter 36Clause 497 to 505Disposal Of Property
Chapter 37Clause 506 to 512Irregular Proceedings
Chapter 38Clause 513 to 519Limitation For Taking Cognizance Of Certain Offences
Chapter 39Clause 519 to 531Miscellaneous

Changes

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

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

Criticism

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

External links

Notes and References

  1. Web site: 3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped. August 11, 2023. The Hindu. en.
  2. Web site: 'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha. 11 August 2023. The Times of India.
  3. Web site: "Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws. NDTV. 11 August 2023. en.
  4. https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf
  5. News: Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'. India Today. en. 11 August 2023.
  6. News: Parliament session: Will repeal offence of sedition, says Amit Shah as he introduces 3 bills to overhaul justice system. LiveMint. en. 11 August 2023.
  7. News: The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained. NDTV. en. 11 August 2023.
  8. Web site: The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023.
  9. Web site: Das. Awstika. 2023-12-20. Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act. 2023-12-20. Live Law. en.
  10. Web site: Shemin Joy . Bills to replace criminal codes enacted into law as President Murmu gives nod. 2024-02-13. Deccan Herald. en.
  11. https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_%28Second%29_Sanhita_2023.pdf Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
  12. Web site: Bharatiya Nagarik Suraksha Sanhita, 2023 . https://web.archive.org/web/20240715045455/https://sansad.in/getFile/BillsTexts/LSBillTexts/PassedBothHouses/Nagrik174142024124600PM.pdf?source=legislation . 15 July 2024 . 24 July 2024 . Digital Sansad.
  13. https://www.livelaw.in/pdf_upload/bharatiya-nagarik-suraksha-sanhita-511325.pdf
  14. News: Scan on detention of accused person in police custody for staggering period of up to 90 days. Telegraph India. en. 21 December 2023.
  15. News: 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.. prsindia.org. en. 13 December 2023.
  16. News: Revised criminal law bills: Key changes explained. The Hindu. en. 18 December 2023.
  17. Web site: Vineet Bhalla . How Modi government's new criminal laws drastically increase police powers . . 21 June 2024 . 7 January 2024.
  18. News: . With new criminal laws, rights won in Supreme Court can be overturned by government . 21 June 2024 . . 17 June 2024.
  19. News: V. Venkatesan . New criminal laws push India toward a regressive past . 5 July 2024 . . 2 July 2024.

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