Empowering Police for Crime Prevention

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is one of the most significant legislative reforms aimed at modernizing India’s criminal justice system. It replaces the Code of Criminal Procedure (CrPC), 1973, which had been in place for over 50 years. The BNSS is part of a larger effort to overhaul the criminal justice framework in India, including the introduction of the Bharatiya Nyaya Sanhita (to replace the Indian Penal Code) and the Bharatiya Sakshya Adhiniyam (replacing the Indian Evidence Act).

What is the Bharatiya Nagarik Suraksha Sanhita, 2023?

The Bharatiya Nagarik Suraksha Sanhita, 2023 is a new law aimed at reforming the procedural aspects of criminal justice in India. It replaces the old Code of Criminal Procedure (CrPC), 1973. The BNSS introduces several changes to the process of arrest, investigation, trials, and other aspects of criminal law to make it more efficient and aligned with the needs of the 21st century.

Why was there a need to replace the CrPC of 1973?

The CrPC of 1973 was a colonial-era law that had undergone several amendments but still carried many outdated provisions. Over the decades, advancements in technology, changes in social norms, and evolving legal principles exposed the inadequacies in the older law. The need for speedier trials, better investigation mechanisms, and more robust protection of citizens’ rights demanded a more modern legal framework. The BNSS addresses these needs by introducing more streamlined procedures and integrating technology into law enforcement.

What are some of the major changes introduced by the BNSS?

Some of the key changes in the BNSS include:

• Use of Technology in Investigation and Trials: The BNSS promotes the use of technology in criminal investigations and trials. Police officers are now required to record statements and collect evidence using modern tools like video recordings, electronic records, and forensic data. This will reduce the reliance on oral testimony and traditional paperwork.
• Time Limits on Investigation: To ensure quicker justice, the BNSS sets specific timelines for the completion of investigations. For example, investigations related to serious crimes must be completed within 180 days, while less serious offences have a 90-day limit.
• Stricter Guidelines for Arrests: The BNSS outlines clear conditions under which a person can be arrested without a warrant, especially for non-cognizable offences. This is aimed at preventing arbitrary arrests and ensuring that the power of arrest is not misused.
• Emphasis on Citizen’s Rights: The new law provides clearer protections for the rights of citizens. It includes provisions to ensure that people are not detained without cause, and emphasizes the right to legal aid and fair treatment during investigations and trials.
• Victim Compensation: The BNSS makes victim compensation a more integral part of the justice system. Victims of crimes, especially women and children, are entitled to compensation, and the process for claiming this has been simplified.
• Plea Bargaining: The concept of plea bargaining, which was introduced in the CrPC, has been further strengthened in the BNSS. This allows accused persons to admit guilt in exchange for a reduced sentence, helping to speed up the judicial process and reduce the burden on courts.
• Special Provisions for Vulnerable Groups: The BNSS includes specific provisions to protect vulnerable groups such as women, children, and the elderly. For example, special guidelines have been laid out for handling cases involving sexual violence, human trafficking, and domestic violence.
• Community Policing and Citizen Participation: The BNSS encourages the involvement of citizens in maintaining law and order through community policing initiatives. Citizens can help in preventing crime and assisting the police in investigations.

How does the BNSS address the issue of delays in the justice system?

Delays in the justice system have been a long-standing problem in India. The BNSS attempts to tackle this issue in several ways:

• Time-bound Investigations: Specific timelines have been introduced for completing investigations, ensuring that cases do not drag on indefinitely.
• Digital Filing and Record Keeping: The BNSS promotes the use of digital filing systems, making it easier for courts to access case records and speed up the trial process. The introduction of electronic records and online submission of documents will help reduce delays caused by paperwork.
• Efficient Trial Procedures: Trials under the BNSS are expected to be more efficient, with provisions for video conferencing and other modern technologies to reduce the need for physical presence in courts. This can help speed up hearings and reduce the backlog of cases.
• Alternative Dispute Resolution Mechanisms: The BNSS encourages out-of-court settlements through plea bargaining and mediation, which can significantly reduce the number of cases going to trial.

What provisions does the BNSS make for the protection of women and children?

The BNSS recognises the need for special protection for women and children in the criminal justice system. Some important provisions include:

• Fast-track Courts: Cases involving crimes against women and children, such as rape, trafficking, and domestic violence, are prioritized under the BNSS, with fast-track courts set up to ensure quicker trials.
• Child-friendly Procedures: The BNSS includes child-friendly procedures for handling cases involving minors, especially in cases of sexual violence or abuse. Special care is taken to protect the dignity and rights of child victims during investigations and trials.
• Compensation for Victims: The BNSS makes it mandatory for courts to consider compensation for victims, especially in cases of sexual violence. This ensures that victims receive financial support to recover from the trauma of the crime.

What role does technology play in the BNSS?

Technology plays a critical role in the Bharatiya Nagarik Suraksha Sanhita. The new law emphasises the use of digital tools in the following areas:

• Evidence Collection: Police officers are now required to use digital tools like video recordings, body cameras, and forensic data collection methods to gather evidence. This ensures more accurate and tamper-proof evidence.
• Virtual Hearings: The BNSS allows for virtual hearings through video conferencing, which is expected to make trials faster and more efficient. It also reduces the need for transporting prisoners to courts, saving time and resources.
• Digital Case Management: Courts and police stations will maintain digital records of cases, which can be accessed by all parties involved. This will help reduce delays caused by misplaced or incomplete records and improve overall transparency in the justice system.

How does the BNSS ensure the protection of fundamental rights?

The BNSS contains several provisions to ensure that the fundamental rights of citizens are protected throughout the criminal justice process:

• Right to Legal Aid: Every accused person has the right to legal representation, and the BNSS strengthens this provision by ensuring that free legal aid is available to those who cannot afford it.
• Protection from Arbitrary Arrest: The BNSS introduces stricter guidelines for arrests, ensuring that no one is arrested without sufficient cause. Arrests must be justified with proper reasoning, and arbitrary detentions are not allowed.
• Rights During Custody: The BNSS clearly outlines the rights of individuals in police custody, including the right to communicate with family and legal counsel, the right to medical assistance, and protection from torture or inhumane treatment.

What is the responsibility of the police under BNSS?

Every police officer has the duty to prevent the commission of any cognizable offence, and they must act to stop such an offence whenever possible.

Can the police only act when they are ordered to?

No, a police officer can act on their own to prevent cognizable offences without waiting for orders.

What must a police officer do if they receive information about a plan to commit a cognizable offence?

The police officer must inform their superior and any other officers who are responsible for preventing such offences.

Can the officer keep the information to themselves?

No, the officer is required to share the information with the appropriate authorities.

When can a police officer arrest someone?

If a police officer knows that a person is planning to commit a cognizable offence, they can arrest that person without a warrant or Magistrate’s orders if they believe that arresting the person is the only way to prevent the crime.

How long can a person arrested under BNSS be kept in custody?

The person cannot be detained for more than 24 hours unless further detention is authorized by law.

Can a police officer stop someone from damaging public property?

Yes, if a police officer sees someone attempting to damage or remove public property, they can act immediately to stop it without needing any orders.

Does this apply only to physical damage?

It applies to both damage to public property and the removal or injury of public landmarks, buoys, or navigation marks.

What is expected of citizens?

All citizens are required to follow the lawful directions of police officers when they are carrying out their duties under this chapter.

What happens if someone refuses to follow a police officer’s directions?

The police officer can detain or remove that person. In serious cases, they may take them before a Magistrate. In minor cases, they may release the person within 24 hours.

Is there a limit to how long the police can detain a person for refusing to follow directions?

Yes, a person must be released within 24 hours unless the situation demands further legal action.

The Bharatiya Nagarik Suraksha Sanhita, 2023 represents a major step forward in reforming India’s criminal justice system. By modernizing procedures, incorporating technology, and ensuring the protection of citizens’ rights, the BNSS aims to deliver justice more efficiently and equitably. Its emphasis on reducing delays, protecting vulnerable groups, and making law enforcement more accountable promises to improve the overall functioning of the criminal justice system in India.

Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.