Bharatiya Nagarik Suraksha Sanhita 2023
Source: PIB
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Overview
- News in Brief
- How it helps
Why in News?
The government had announced its intention to revamp the IPC, CrPC and the Indian Evidence Act earlier this year.
Remember: Code of Criminal Procedure (CrPC) – Bharatiya Nagarik Suraksha Sanhita
News in Brief
- The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, will consolidate and amend the law relating to Code of Criminal Procedure(CrPc).
- The draft legislation provides for the use of technology and forensic sciences in matters of investigating a crime, lodging of information, sending summons etc. through electronic communication.
- Bharatiya Nagarik Suraksha Sanhita Bill repeals nine provisions of the CrPC, proposes amendments to 107 provisions and introduces nine new sections.
- The Bill contains a total of 533 Sections while in the existing CrPC 1973 there are 484 sections.
Key Provisions
1. Use of technology
- Trials, appeal proceedings, recording of depositions including those of public servants and police officers, may be held in electronic
Image by Fathromi Ramdlon from Pixabay mode.
- The statement of the accused too can be recorded through video-conferencing.
- Summons, warrants, documents, police reports, statements of evidence can be done in electronic form.
2. Trial
- Complete trial, including Cross-examination, appeal, to be facilitated via Video conferencing.
3. Digitization
- Digitization of complete process starting from registration of FIR to maintenance of Case Diary to filing of Charge sheet and delivery of Judgment.
4. Safe Guard against Arrest
- In CrPc safeguard against arrests given in Section 41A of CrPC.
- In Bharatiya Nagarik Suraksha Sanhita 2023 Section 35 mention the safeguard.
5. Use of handcuffs
- A police officer may be permitted to use handcuffs while arresting a person if he is a habitual, repeat offender who escaped from custody, or has committed an organised crime, terrorist act, drug-related crime, illegal possession of arms, murder, rape, acid attack, counterfeit currency, human trafficking, sexual offence against children or offences against the state.
6. Mercy Petition
- After being informed by jail authorities about a convict’s death sentence, they or their legal heir/relative can submit a mercy petition to the Governor within 30 days.
- If rejected, the person can petition the President within 60 days.
- No court appeal is allowed against the President’s order.
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