Bharatiya Nagarik Suraksha Sanhita, 2023
Description
1. Bharatiya Nagarik Suraksha Sanhita, 2023: Proposed Changes to Criminal Procedure
Bharatiya Nagarik Suraksha Sanhita, 2023: Proposed
Changes to Criminal Procedure Code
Introduction:
Bharatiya
Nagarik Suraksha Sanhita, 2023 proposes changes to the Criminal
Procedure Code (CrPC) which guides the criminal justice system.
Key provisions and processes proposed in the Bill
- All searches, property seizures, forensic
expert visits to crime scenes, and recording of victim statements must be
audio-videotaped, ideally on a mobile device.
- The name and address of an arrested accused and the nature of the offense will be maintained by a designated officer in each police station and district, and shall be “prominently displayed” including in digital mode in every police station and district headquarter,
- Sending Information to police electronically, and it shall be taken on record on being signed by the person sending it, within three days
- Communication
devices: The Bill adds electronic communication including
“communication devices” to the provision on summons to produce a document.
- 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.
- Specific safeguards: Section 41A of CrPC — which has a prominent safeguard against arrests — will get a new number, Section 35. It has an additional provision: no person can be arrested without prior permission of an officer, not below the rank of a deputy SP, in cases where the offense is punishable with less than three years, or if the person is infirm above 60 years of age.
- Mercy petitions: There is a provision on procedures for the timeframe to file mercy petitions in death sentence cases. After being informed by jail authorities about the disposal of the petition of a convict sentenced to death, he, or his legal heir or relative can submit a mercy petition within 30 days to the Governor
- If rejected, the person can petition the President within 60 days. No appeal against the order of the President shall lie in any court.
- Arms in procession: Section 144A of the CrPC gives the district magistrate the power to prohibit the carrying of arms in any procession, mass drill or mass training, to preserve the public peace.
- While the provisions granting powers to the DM to pass orders in urgent cases of nuisance or apprehended danger remain as they are in Section 144 of the CrPC, the provision to prohibit carrying arms does not find a mention.
- Samples without
arrest: The Bill has provisions for the magistrate to order any
person to give samples of his signature, handwriting, voice or finger
impressions for the purpose of investigation without being arrested.
- Detention by
police: There are provisions for police to detain or remove any
person resisting, refusing or ignoring, or disregarding directions given
as part of preventive action.
- Trial in absence of the convict: The Code of Criminal Procedure currently provides for recording evidence in the absence of the accused, a trial in absentia is not permitted. However, the Bill provides that if the accused is not present, the court can proceed to try him 90 days after the date on which charges are framed.
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