The Code of Criminal Procedure, often known as Criminal Procedure Code, was enacted in 1973 and came into force on 1st April, 1974. The Criminal Procedure Code was the main legislation on procedure for administration of substantive criminal law in India.
Now the Criminal Procedure Code new name is Bharatiya Nagarik Suraksha Sanhita or BNSS.
What is the New Criminal Procedure Code?
The new criminal procedure code is Bharatiya Nagarik Suraksha Sanhita. BNSS was enacted as a law on 25th of December in 2023 with the stated objective of repealing colonial-era criminal laws.
To address the issues of delayed justice delivery due to complex legal processes, high number of cases pending in courts, low conviction rates, low use of technology in the legal system, delays in investigation, and inadequate use of forensics, the BNSS seeks to provide a faster and more efficient justice system.
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Bharatiya Nagarik Suraksha Sanhita isn’t the only criminal law that has been passed. In total, there are three new criminal laws after including BNSS. The other two criminal laws are Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA) which replaced the Indian Penal Code 1860 and the Indian Evidence Act 1872, respectively.
What are the Features of Bharatiya Nagarik Suraksha Sanhita (BNSS)?
The following are the salient features of new criminal procedure code known as Bharatiya Nagarik Suraksha Sanhita:
- BNSS prescribes specific timelines for different aspects of trial and investigation to ensure justice in a timely manner.
- It expedits the initial phase of criminal cases by mandating FIR to be recorded within 3 days for complaints submitted through electronic communication.
- To ensure timely collection of important evidence, medical examination reports of rape victims must now be forwarded to the investigating officer within 7 days.
- To boost transparency and keep stakeholders informed, regular updates must be given to victims and informants about investigation status within 90 days.
- From the first hearing on charge, the competent magistrates must frame charges within 60 days.
- Courts are empowered to initiate trial in absentia against proclaimed offenders after 90 days from charge framing. This will accelerate proceedings and ensure delivery of justice to victims and society in a timely manner.
- To ensure a timely legal resolution, the criminal court now has to pronounce judgment within 45 days following the trial’s conclusion.
- To facilitate easy access for plaintiffs, the Criminal Court will upload the judgment on their portal within seven days of the date of pronouncement.
- Audio-video recording of searches and seizures is mandatory under the BNSS Act. This increases transparency during the investigation process.
- The Court has the authority to seize criminals’ property, which is considered the proceeds of their crimes. These illegal gains will be divided up among the victims. This would not only make crime more difficult to commit, but it would also help victims of crime financially.
- Trial in absentia of proclaimed offenders is provided under BNSS.
Conclusion
Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the erstwhile colonial law Code of Criminal Procedure. The new criminal law introduces and adopts electronic communication and audio-visual means for judicial processes. BNSS aligns with the requirements of the 21st century and has certainly improved the functioning of the Indian justice system. Additionally, BNSS aligns with the government’s Digital India initiative.