Justice in Focus
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), marks a significant overhaul of India’s criminal justice system, replacing the Code of Criminal Procedure, 1973. With its progressive approach, the BNSS aims to streamline procedures, enhance efficiency, and uphold constitutional rights during criminal inquiries and trials. Its various provisions form the backbone of the procedural framework, providing clarity on critical aspects of inquiries and trials.
The general provisions related to inquiries and trials encompass essential rules for compounding of offences, the rights of the accused, processes for the examination of witnesses, framing of charges, and other procedural safeguards. Designed to ensure fairness and transparency, they address procedural gaps and aim to reduce delays in the criminal justice process. Furthermore, they emphasize protecting individual rights while fostering judicial accountability, thus aligning with the principles of natural justice.
What is the principle regarding a person being tried again for the same offence after conviction or acquittal?
A person who has been tried by a Court of competent jurisdiction and either convicted or acquitted of an offence shall not be liable to be tried again for the same offence or for any other offence based on the same facts, unless specific exceptions apply.
Under what circumstances can a person acquitted or convicted of an offence be tried again?
A person acquitted or convicted may be tried again for a distinct offence, with the consent of the State Government, or for another offence constituted by the same acts if the first Court was not competent to try that offence.
Can a person convicted of an offence be tried later for a related offence if certain consequences were not known at the time of the original conviction?
Yes, if the consequences of the act constituting the offence occurred or became known after the conviction, the person may be tried for the subsequent offence.
Can a Public Prosecutor appear in Court without written authority?
Yes, the Public Prosecutor or Assistant Public Prosecutor in charge of a case can appear and plead without written authority in any Court handling that case.
What is the role of a private advocate in a case prosecuted by a Public Prosecutor?
A private advocate instructed by a party can act under the direction of the Public Prosecutor and may submit written arguments with the Court’s permission after evidence has been closed.
Can someone other than a police officer or Public Prosecutor conduct a prosecution?
Yes, with the Magistrate’s permission, a prosecution may be conducted by any person other than a police officer below the rank of inspector, provided that the officer has not been involved in the investigation.
What rights does an accused person have regarding legal representation?
An accused person has the right to be defended by an advocate of their choice.
When is the State required to provide legal aid to an accused person?
If an accused is not represented by an advocate and lacks sufficient means to engage one, the Court must assign an advocate for their defence at the State’s expense.
What rules can the High Court establish regarding legal aid?
The High Court can create rules regarding the selection of advocates, facilities for them, and payment of fees for legal aid cases, with prior approval from the State Government.
How is a corporation represented in a trial or inquiry?
A corporation can appoint a representative to appear in proceedings, and all requirements applicable to the accused are fulfilled through this representative.
Under what conditions can a Magistrate tender a pardon to an accomplice?
A pardon may be tendered to a person during an inquiry, investigation, or trial to secure their testimony, provided they make a full and truthful disclosure about the offence and all persons involved.
When can a Court tender a pardon during a trial?
After commitment but before judgment, the Court may tender a pardon to secure evidence for the trial.
What happens if a person granted a pardon fails to comply with its conditions?
Such a person can be tried for the original offence, false evidence, or other connected offences, provided the trial is conducted as per legal provisions, including securing the sanction of the High Court where necessary.
When can a trial or inquiry be postponed or adjourned?
A trial or inquiry can be adjourned for valid reasons recorded in writing, with specific restrictions on the duration and number of adjournments allowed.
Can a Judge or Magistrate inspect the location of an alleged offence?
Yes, they may inspect such locations during proceedings and must record any relevant facts observed.
Can the Court summon a person not originally called as a witness?
Yes, the Court can summon, recall, or re-examine any person if their evidence is essential for a just decision in the case.
Under what conditions can a Magistrate order a person to provide specimen signatures or handwriting?
A Magistrate can direct this if it is expedient for an investigation or proceeding, provided the person has been arrested in connection with the matter or for special reasons recorded in writing.
Can a Court order payment of expenses for complainants and witnesses?
Yes, a Criminal Court may order payment of reasonable expenses for complainants or witnesses at the Government’s expense.
When and how can an accused person be questioned in a trial?
An accused can be questioned at any stage without prior warning, and their responses may be considered during the trial. The Court may also permit a written statement from the accused.
Can a subsequent FIR be registered if it arises from the same substratum of facts as an earlier FIR?
No, a subsequent FIR cannot be registered if it arises from the same substratum of facts as an earlier FIR. The Supreme Court in Prem Chand Singh v. State of U.P., (2020) 3 SCC 54 held that adding charges under different sections in the subsequent FIR does not justify it as a new case.
What is the State’s obligation regarding free legal services and expeditious trials?
The State is obligated to provide free legal services as an essential part of a fair trial under Article 21 of the Constitution. The Supreme Court in Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98 emphasized that trials must also be conducted expeditiously to ensure justice.
Are free legal services necessary for a fair trial under Article 21?
Yes, free legal services are an integral part of the right to a fair trial guaranteed by Article 21 of the Constitution. This principle was established by the Supreme Court in Madhav Hoskot v. State of Maharashtra, (1978) 3 SCC 544.
What must be considered when recalling witnesses in a criminal trial?
The court must balance the rights of the victim and the accused when deciding to recall witnesses. This principle was laid down in State of Haryana v. Ram Mehar, (2016) 8 SCC 762.
What did the Supreme Court emphasize regarding criminal trial procedures?
The Supreme Court in Criminal Trials Guidelines Regarding Inadequacies and Deficiencies, In re, (2021) 10 SCC 598 emphasized the need for clarity in criminal trial procedures, including the proper examination of the accused.
The general provisions as to inquiries and trails stand as vital provisions ensuring a robust framework for inquiries and trials. By addressing procedural complexities and prioritizing fairness, these provisions aim to expedite justice without compromising the rights of the accused or victims. They emphasize the importance of compounding offenses, proper examination of witnesses, and adherence to fair trial principles, ensuring judicial accountability and transparency. The incorporation of these provisions reflects the legislature’s commitment to bridging the gaps in the criminal justice system while safeguarding constitutional values. As the BNSS, 2023, continues to modernize and refine India’s legal landscape, these provisions remain pivotal in achieving the dual objectives of justice delivery and procedural efficiency. These reforms not only cater to the needs of a growing society but also uphold the sanctity of the rule of law in the modern times.
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.
