India’s New Legal Landscape: A Look at the Bharatiya Nagrik Suraksha Sanhita (BNSS)

Why in News?https://www.thehindu.com/news/national/as-new-criminal-laws-take-effect-from-july-1-legal-community-braces-for-change/article68352331.ece
https://indianexpress.com/article/opinion/columns/criminal-codes-threat-citizen-liberty-justice-guise-decolonisation-project-9418768/ https://indianexpress.com/article/explained/explained-law/indias-new-criminal-laws-9425076/

On July 1st, 2024, India ushered in a new era of criminal justice with the implementation of the Bharatiya Nagrik Suraksha Sanhita (BNSS). This legislation, alongside the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Adhiniyam (BSA), replaces the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively.

Highlights of the Bill

• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeks to replace the Criminal Procedure Code, 1973 (CrPC).  The CrPC provides for the procedure for arrest, prosecution, and bail.
• BNSS mandates forensic investigation for offences punishable with seven years of imprisonment or more.  Forensic experts will visit crime scenes to collect forensic evidence and record the process. 
• Trials, inquiries, and proceedings may conduct in electronic mode. Authorities will permit the production of electronic communication devices containing potential digital evidence for investigation, inquiry, or trial.
• If a proclaimed offender has absconded to evade trial with no immediate prospect of arrest, authorities can conduct the trial and pronounce judgment in his absence.
• Authorities may collect finger impressions and voice samples, along with specimen signatures or handwriting, for investigation or proceedings.

Key Issues and Analysis

• Under the BNSS, authorities can authorize up to 15 days of police custody, which they can grant in parts during the initial 40 or 60 days of the 60 or 90-day period of judicial custody.
• The powers to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act. 
• According to the CrPC, an accused can get bail if detained for half the maximum imprisonment for the offence.The BNSS denies this facility for anyone facing multiple charges.  As many cases involve charges under multiple sections, this may limit such bail. 
• The use of handcuffs is permitted in a range of cases including economic offences, contradicting Supreme Court directions.  
• The BNSS allows evidence collected by retired or transferred investigating officers to be presented by their successors.   This violates normal rules of evidence when the author of the document can be cross examined.
• Recommendations of high level committees on changes to the CrPC such as reforms in sentencing guidelines and codifying rights of the accused have not been incorporated in the BNSS.

What Does the BNSS Focus On?

The BNSS prioritizes a citizen-centric approach to criminal justice. Here are some key aspects:

• Enhanced Protection: The law strengthens safeguards for women and children, including stricter punishments for crimes against them.
• Tech-Driven Investigations: The BNSS integrates advancements in technology, allowing for online filing of FIRs (First Information Reports) and electronic evidence collection.
• New Offenses Defined: The legislation explicitly defines new offenses like mob lynching and organized crime, ensuring proper prosecution.

Is it a Smooth Transition?

While the BNSS promises a modernized legal system, there are emerging concerns:

• Potential for Misuse: Critics raise concerns about provisions allowing police to extend custody periods, which could lead to custodial abuse.
• Data Protection Issues: The admissibility of electronic evidence under the BNSS hinges on a robust data protection framework, which is currently lacking.
• Repeal or Revision? The BNSS’s inclusion of an offense similar to the repealed sedition law sparks debate about potential infringement on free speech.

The BNSS and You

Understanding the BNSS is crucial for Indian citizens. Here’s what you can do:

• Stay Informed: Familiarize yourself with the key provisions of the BNSS and your rights under the new law.
• Embrace Technology: Utilize the online FIR system for faster and more convenient reporting of crimes.
• Raise Your Voice: If you have concerns about potential misuse of the BNSS, engage in constructive dialogue with authorities.

The BNSS marks a significant shift in India’s legal landscape. Staying informed and using the law’s advancements responsibly will be key to a more just and secure future.

Mains Practice Question The BNSS incorporates technological advancements in investigations. What are the potential advantages and disadvantages of this approach? Suggest measures to ensure data privacy and prevent misuse of technology.

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