Authored By: Anmol Sahu
Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 serves as India’s primary legislation for administering substantive criminal law, intended to replace the Criminal Procedure Code (CrPC) of 1973 by revising and consolidating laws related to criminal procedure. Enacted on December 25, 2023, the BNSS was designed to repeal outdated colonial-era criminal laws from the 19th century. The BNSS focuses on creating a faster and more efficient justice system, addressing issues such as delays in justice due to complex procedures, a large backlog of court cases, low conviction rates, limited use of technology in the legal system, delays in investigations, and inadequate utilization of forensic science.
Timelines given in BNSS
- Initiation of criminal proceeding- Procedure for recording an FIR if the police receive information relating to the commission of a cognizable offence through electronic communication- FIR to be taken on record if informant signs it within 3 days Section 173(1)
- Initiation of criminal proceeding- Preliminary enquiry to ascertain prima facie case of commission of cognizable offence punishable between a minimum of 3 years and a maximum of 7 years-Preliminary enquiry to be conducted within 14 days Section 173(3)
- Initiation of criminal proceeding –Police to forward daily diary reports in non-cognizable cases to the Magistrate Once in 14 days Section 174(1) (ii).
- Arrest- Arrested person to be entrusted to the police or nearest police station, where arrest has been conducted by a private person -Arrest without unnecessary delay, but within six hours from such arrest Section 40
- Investigation- Forward of inquest report the District Magistrate or Subdivisional Magistrate- Shall be forwarded within 24 hours BNSS 194(2)
- Investigation- Medical practitioner to forward the medical examination report to the Police -Without any delay Section 51(3)
- Investigation –Forward of medical examination report (of a victim of rape) by a medical practitioner to the investigating officer -Within 7 days Section 184(6)
- Investigation –Copy of search records to be forwarded to the nearest Magistrate empowered to take cognizance of the offence -Shall forthwith be sent, but not later than 48 hours Section 185(5)
- Investigation –Audio video recording of search and seizure procedure to be forwarded by the police officer to the District Magistrate, Sub- divisional Magistrate or Judicial Magistrate of first class -Without delay Section 105
- Investigation- Show cause notice period for person to appear before any court/Magistrate before the attachment of property alleged to be proceeds of crime -14 days Section 107(2)
- Investigation- Distribution of proceeds of crime, from attached or seized property, by the District Magistrate -60 days Section 107(7)
- Investigation- Information on status of investigation to victims/ informant -Within 90 days Section 193(3)(ii)
- Chargesheet –Further investigation during trial (post filing of chargesheet), on grant of permission from the trial court -Further investigation to be completed within 90 days, but may be extended with the permission of the Court Section 193(9)
- Commencement of proceedings before Magistrate- Further investigation during trial (post filing of chargesheet), on grant of permission from the trial court -14 days within date of production or appearance of accused Section 193(9)
- Cognizance –Bar to taking cognizance after lapse of limitation period, for certain offences- – 6 months from the date of filing complaint before Magistrate or FIR for offences punishable with fine Section 514(2)
- Cognizance- 1 year from the date of filing complaint before Magistrate or FIR for offences punishable with 1 year of Imprisonment
- Cognizance- 3 years from the date of from the date of filing complaint before Magistrate or FIR for offences punishable with more than 1 and a maximum of 3 years of imprisonment
- Cognizance –Grant of sanction by the Government for prosecution of Judges, public servants etc.If no decision taken within 120 days, sanction will be deemed to have been granted Section 218(1)
- Commitment of case to Court of Session Proceedings undertaken by the Magistrate to Commitment of case to the Sessions Court, where the offences are exclusively triable by the Sessions -Committal proceedings to be completed within 90 days, extendable up to 180 days for reasons in writing Section 232
- Charge- Framing of charges by the Magistrate (for offences the Magistrate is competent to try and punish) -Within 60 days from first hearing on charge Section 263(1)
- Charge- Procedure for an accused to file application for discharge (in cases triable by a Sessions Court) -Within 60 days from committal Section 250(1)
- Charge –Procedure for discharge by Magistrate in case of absence of complainant on date fixed for hearing in a complaint case, for offences that are non-cognizable and compoundable -Granting 30 days opportunity to complainant to appear in court Section 272
- Plea Bargaining- Procedure for application for plea bargaining by the accused, in court where trial for said offence is pending -Within 30 days from the date of framing of charge Section 290(1)
- Appoint of APIO –Procedure for appointment of Assistant Public Prosecutor by the District Magistrate in case of non-availability of Assistant Public Prosecutor, for a particular case. The District Magistrate is bound to give notice to the State government prior to such appointment -Notice period of 14 days to the State government before appointment of Assistant Public Prosecutor Section 19(3)
- Trial- Procedure for admission and denial of genuineness of documents by the defence and prosecution -Soon after supply of documents, and no later than 30 days, unless the Court relaxes the time limit with written reasons Section 330(1)
- Trial- Procedure for examination of the accused in custody, through electronic means, by Magistrate or Sessions Court -Signature of the accused to be taken within 72 hours of such examination Section 316
- Trial- Commencement of in absentia trial against proclaimed offenders by a court -After a period of 90 days has lapsed from the framing of charge Section 356(1)
- Trial- Issuance of two consecutive arrest warrants by a court against proclaimed offenders, before commencing in absentia trials -Execution of 2 consecutive arrest warrants within the interval of 30 days Section 356(2)(1)
- Trial –Publication of notice to proclaimed offender to appear before court, in a newspaper -Notice period of 30 days 356(2)(ii)
- Bail- Maximum period in which an accused can be placed in undertrial detention before the applicability of default bail (exclusive of cases punishable with death and life imprisonment) 2 -1/3 of the sentence period for first time offenders and 1/2 of the sentence period in all other cases Section 479(1)
- Judgement and sentence- Pronouncement of judgment after termination of trial in any criminal court -Not later than 45 days Section 392 (1)
- Judgment and sentence- Judgment of acquittal or conviction by Court of Sessions -30 days from the completion of arguments. Extendable up to 45 days for reasons in writing Section 258(1)
- Judgement and sentence- Court to upload a digital copy of the judgment -7 days from pronouncement, as far as practicable Section 392(4)
- Mercy Petitions- Filing of mercy petition before Governor or President by person under a sentence of death -60 days from the date of rejection by Governor Section 472(1)
- Mercy Petitions –Filing of mercy petition to the President by a person under sentence of death post the rejection of their petition by the Governor -Within 60 days from date of receipt of comments from the State government and records from the Jail Superintendent Section 472(2)
- Mercy Petitions- Central Government to make Section 472(4) recommendations on the mercy petition to the President
- Mercy Petitions- Central Government to communicate the President’s order on the mercy petition to Home Department of the State and Superintendent of the Jail -Within 48 hours of receipt of order of the President Section 472(6)
- Miscellaneous- Procedure for custody or disposal of property produced before a Court/Magistrate during investigation, inquiry or trial. The Court is bound to prepare a statement of property produced before it -Within 14 days of production of property before the court Section 497(2
Conclusion
The BNSS is not a random legislative effort but is based on empirical evidence, with a clear objective of safeguarding citizens during criminal proceedings while upholding the rights of both victims and the accused. The initiatives under the BNSS, such as the introduction of sentencing guidelines to reduce discretionary decisions, help ensure its effectiveness by balancing the rights of all parties involved in legal processes. Additionally, the Sanhita brings essential technological advancements to the justice delivery system, making justice more accessible and timely for citizens, rather than subjecting them to a prolonged and frustrating process.
