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Bharatiya Nagarik Suraksha Sanhita 2023

Bharatiya Nagarik Suraksha Sanhita 2023

Source: PIB
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Overview

  1. News in Brief
  2. 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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