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Bharatiya Nagarik Suraksha Sanhita

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Bharatiya Nagarik Suraksha Sanhita
Parliament of India
  • An act to consolidate and amend the law relating to Criminal Procedure.
CitationAct No. 46 of 2023
Territorial extent India
Passed byLok Sabha
Passed20 December 2023
Passed byRajya Sabha
Passed21 December 2023
Assented to byPresident of India
Assented to25 December 2023
Commenced1 July 2024
Legislative history
First chamber: Lok Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Introduced byHome Minister, Amit Shah
Introduced12 December 2023
Committee responsibleScrutiny Panel of the Parliament
Passed20 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Second chamber: Rajya Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Received from the Lok Sabha20 December 2023
Member(s) in chargeHome Minister, Amit Shah
Passed with amendments21 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers21 December 2023
Repeals
Criminal Procedure Code
Related legislation
Bharatiya Nyaya Sanhita and Bharatiya Sakshya Act, 2023
Status: In force

The Bharatiya Nagarik Suraksha Sanhita (BNSS) (IAST: Bhāratīya Nāgarik Surakśa Saṃhitā; lit. 'Indian Code of Civil Security '), 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

  • On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha.[5][6][7]
  • On 12 December 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was withdrawn.
  • On 12 December 2023 – 2024, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was introduced in Lok Sabha.[8]
  • On 20 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Lok Sabha.[9]
  • On 21 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Rajya Sabha.
  • On 25 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 has received the assent of the President of India.[10]

Structure

The BNSS comprises 39 chapters and 531 sections. The outline of the Sanhita is as follows:[11]

The Bharatiya Nagarik Suraksha Sanhita, 2023
Chapters Clauses Classification of Offences
Chapter 1 Clauses 1 to 3 Preliminary
Chapter 2 Clauses 4 to 13 Of Punishments
Chapter 3 Clauses 14 to 44 General Exceptions  

of the Right to Private Defence (sections 34 to 44)

Chapter 4 Clauses 45 to 62 Of Abetment, Criminal Conspiracy and Attempt
Chapter 5 Clauses 63 to 99 Of Offences against Women and Children
  • Of Sexual Offences (63 to 73)
  • Of criminal force and assault against women (74 to 79)
  • Of Offences relating to marriage (80 to 87)
  • Of causing miscarriage, etc. (88 to 99)
Chapter 6 Clauses 100 to 144 Of Offences Affecting the Human Body
  • Of Offences Affecting Life (100 to 113)
  • Of Hurt (114 to 125)
  • Of wrongful restraint and wrongful confinement (126 to 136)
  • Of Kidnapping, Abduction, Slavery and Forced Labour (137 to 146)
Chapter 7 Clauses 147 to 158 Of Offences Against the State
Chapter 8 Clauses 159 to 168 Of Offences Relating to the Army, Navy and Air Force
Chapter 9 Clauses 169 to 177 Of Offences Relating to Elections
Chapter 10 Clauses 178 to 188 Of Offences Relating to Coins, Bank Notes, Currency Notes and Government Stamps
Chapter 11 Clauses 189 to 197 Of Offences Against the Public Tranquility
Chapter 12 Clauses 198 to 205 Of Offences by Or Relating to Public Servants
Chapter 13 Clauses 206 to 226 Of Contempt of Lawful Authority of Public Servants
Chapter 14 Clauses 227 to 269 Of False Evidence and Offences against Public Justice.
Chapter 15 Clauses 270 to 297 Of Offences affecting the Public Health, Safety, Convince, Decency and Morals
Chapter 16 Clauses 298 to 302 Of Offences Relating to Religion
Chapter 17 Clauses 303 to 334 Of Offences against Property
  • Of Theft (303 to 307)
  • Of Extortion (308)
  • Of Robbery and Dacoity (309 to 313)
  • Of Criminal Misappropriation of Property (314 and 315)
  • Of Criminal Breach of Trust (316)
  • Of receiving of stolen property (317)
  • Of Cheating (318 and 319)
  • Of Fundamental Deeds and Disposition of Property (320 to 323)
  • Of Mischief (324 to 328)
  • Of Criminal Trespass (329 to 334)
Chapter 18 Clauses 335 to 350 Of Offences Relating to Documents and to Property Marks
  • Of Documents (335 to 344)
  • Of Property Marks (345 to 350)
Chapter 19 Clauses 351 to 356 Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc
  • Intimidation, Insult and Annoyance (351 to 355)
  • Of Defamation (356)
  • Of breach of contract to attend on and supply wants of the helpless person (357)
Chapter 20 Clause 358 Repeal and Savings (358)

Changes

The BNSS makes a number of changes to the CrPC, some key changes are:[12]

  • Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC.[13]
  • Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial. Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.[14][non-primary source needed]
  • Improving the efficiency of the criminal justice system: The BNSS seeks to improve the efficiency of the criminal justice system by streamlining procedures and reducing delays.[15]

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

  • Arrest: The BNSS expands the grounds for arrest and allows for arrest without a warrant in a wider range of cases.
  • Investigation: The BNSS gives the police more powers to investigate crimes and requires them to complete investigations within a specified time period.
  • Trial: The BNSS streamlines the trial process and requires courts to dispose of cases within a specified time period.

Criticism

BNSS makes the ability of the accused to secure bail, more difficult and limits the scope for plea bargaining.[16] 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.[16]

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.[17] 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.[18]

See also

References

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