UNIT 1
Q) Discuss the object and reason behind passing of the Bharatiya Nagarik Suraksha Sanhita,
2023
A) Bharatiya Nagarik Suraksha Sanhita, 2023 consolidate and amend the law relating to
criminal procedure. The object and reason behind passing BNSS can be summarized as follows
–
1. It provides for the use of technology and forensics sciences in the investigation of crime
and furnishing and lodging of information, service of summons, etc., through electronic
communication for ensuring conviction rates and to promote sufficient use of technology in
legal system.
2. Specific time lines have been prescribed for time bound investigation, inquiry and trial for
speedy justice and reducing the delay in delivery of justice.
3. Citizen centric approach have been adopted for supply of FIR to the victim and to inform
them about the progress of investigation, including by digital means to make law easily
accessible to citizens.
4. In cases, where punishment is 7 years or more, the victim has been given an opportunity of
being heard before withdrawal of the case by Government to ensure fair hearing to all.
5. Summary trial has been made mandatory for petty and less serious cases to reduce the
pendency of cases in courts.
6. The magisterial system has been streamlined.
Q) Discuss the major changes brought by the BNSS in comparison to CrPC
A) Several new provisions have been introduced in the Bharatiya Nagarik Surakha Sanhita,
2023 which were not present in CrPC. Major changes are as follows –
[1]
, 1. New Definitions – Several new definitions have been included in the BNSS, such as –
a) “Audi-video electronic means” in Section 2(1)(a)
b) “Bail” in Section 2(1)(b)
c) “Bail Bond” in Section 2(1)(d)
d) “Bond” in Section 2(1)(e)
2. Enhanced monetary limits on fines – In BNSS, monetary limit of fine to be imposed by
Magistrate has been increased and now under Section 23 of BNSS –
A] JMFC can impose fine up to 50k
B] JMSC can impose fine up to 10k
3. Definition of Proclaimed Offender – Definition of proclaimed offender has been modified.
Earlier, specific offences were mentioned for which an accused could be held proclaimed
offender but in BNSS it has been made general and now provides that a person accused of any
offence punishable with imprisonment for ten years or more or death sentence or life
imprisonment maybe declared as proclaimed offender on fulfilling of certain conditions.
4. Information of arrest can be given to any person – Section 36 of BNSS provides that
information of arrest can be given to relative, friend or any other person named by the person
arrested. Earlier, it was provided that such information could be given only to a relative or
friend.
5. Time Limit has been fixed in various provisions- BNSS has fixed time limit in various
proceedings to speed up the procedure of investigation, inquiry and trial which wasn’t
provided in CrPC.
6. Inclusion of audio- video and electronic devices in proceedings – Keeping up with the
times, BNSS has included use of audio – video and other electronic devices in various
proceedings.
[2]
Q) Discuss the object and reason behind passing of the Bharatiya Nagarik Suraksha Sanhita,
2023
A) Bharatiya Nagarik Suraksha Sanhita, 2023 consolidate and amend the law relating to
criminal procedure. The object and reason behind passing BNSS can be summarized as follows
–
1. It provides for the use of technology and forensics sciences in the investigation of crime
and furnishing and lodging of information, service of summons, etc., through electronic
communication for ensuring conviction rates and to promote sufficient use of technology in
legal system.
2. Specific time lines have been prescribed for time bound investigation, inquiry and trial for
speedy justice and reducing the delay in delivery of justice.
3. Citizen centric approach have been adopted for supply of FIR to the victim and to inform
them about the progress of investigation, including by digital means to make law easily
accessible to citizens.
4. In cases, where punishment is 7 years or more, the victim has been given an opportunity of
being heard before withdrawal of the case by Government to ensure fair hearing to all.
5. Summary trial has been made mandatory for petty and less serious cases to reduce the
pendency of cases in courts.
6. The magisterial system has been streamlined.
Q) Discuss the major changes brought by the BNSS in comparison to CrPC
A) Several new provisions have been introduced in the Bharatiya Nagarik Surakha Sanhita,
2023 which were not present in CrPC. Major changes are as follows –
[1]
, 1. New Definitions – Several new definitions have been included in the BNSS, such as –
a) “Audi-video electronic means” in Section 2(1)(a)
b) “Bail” in Section 2(1)(b)
c) “Bail Bond” in Section 2(1)(d)
d) “Bond” in Section 2(1)(e)
2. Enhanced monetary limits on fines – In BNSS, monetary limit of fine to be imposed by
Magistrate has been increased and now under Section 23 of BNSS –
A] JMFC can impose fine up to 50k
B] JMSC can impose fine up to 10k
3. Definition of Proclaimed Offender – Definition of proclaimed offender has been modified.
Earlier, specific offences were mentioned for which an accused could be held proclaimed
offender but in BNSS it has been made general and now provides that a person accused of any
offence punishable with imprisonment for ten years or more or death sentence or life
imprisonment maybe declared as proclaimed offender on fulfilling of certain conditions.
4. Information of arrest can be given to any person – Section 36 of BNSS provides that
information of arrest can be given to relative, friend or any other person named by the person
arrested. Earlier, it was provided that such information could be given only to a relative or
friend.
5. Time Limit has been fixed in various provisions- BNSS has fixed time limit in various
proceedings to speed up the procedure of investigation, inquiry and trial which wasn’t
provided in CrPC.
6. Inclusion of audio- video and electronic devices in proceedings – Keeping up with the
times, BNSS has included use of audio – video and other electronic devices in various
proceedings.
[2]
