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Salient features of BNSS

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144 views

Salient features of BNSS

Uploaded by

tejaswininchotu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Salient features of BNSS

1.Detention of the under trial: The BNSS adds that this provision will not apply
in the following circumstances: (a) offence punishable by life imprisonment.
(b)persons against whom proceedings are pending in more than one offence.

2.Medical examination: The BNSS provides that any police officer can request
such an examination.

3.Forensic investigation: The BNSS mandates forensic investigation for offences


punishable with at least 7 years of imprisonment. Forensic experts will visit
crime scenes to collect forensic evidence and record the process on mobile
phone or any other electronic device. If state does not have forensics facility, it
will utilize such facility in another State.

4.Signature and finger impressions: The BNSS expands this to include finger
impression and voice sample; it allows these samples to be collected from a
person who has not been arrested.

5.Witness protection: witnesses are crucial in delivering justice as they provide


valuable information to the court. To ensure their safety and protect them from
potential harm or intimidation, the BNSS has introduced a witness protection
scheme, State Governments have been given responsibility to draft and notify
such a scheme.

6.Designated police officer: A police officer of at least Assistant sub-inspector


rank will be assigned in each district and police station. Their responsibility will
be to keep a record of the names, addresses and charges against all arrested
individuals. This information will be prominently displayed, possibly digitally, in
every police station and at the district headquarters.

7.Definition of audio-video electronic means and electronic communication: In


BNSS 2023, new definition have been introduced to clarify certain terms.
“audio-video electronic means” now includes the use of anu communication
device for video conferencing, recording processes such as identification, search
and seizure, or evidence, transmitting electronic communication, and other
purposes as determined by State Government rules. “electronic
communication” refers to the transmission of transfer of writtend, verbal,
pictorial information, or video content through electronic devices like
telephones, mobile phones, computers, audio-video players, cameras, or any
other specified electronic forms as notified by the Central Government.

8.Trial and proceedings to be held in electronic mode: BNSS enables all the legal
proceedings to be conducted electronically. This includes issuing, serving and
executing summons and warrants, examining complainants and witnesses,
recording evidence in inquiries and trials, and conducting appellate or other
proceedings through electronic communication or audio-video electronic
means.

9.Electronic serving of summons: Under the BNSS 2023, summons can be served
electronically, either in an encrypted format or through any other electronic
communication method. The electronic summons must include the image of the
Court’s seal or a digital signature, ensuring their authenticity and legal validity.

10.Victim centric approach: The victim-centric approach in the new laws places
a strong emphasis on enhancing the efficiency, fairness, and accountability of
the justice system. In acknowledges victims as essential stakeholders in criminal
proceedings, granting them participatory rights and an expanded right to
information. These reforms prioritize the needs and rights of victims, aiming to
make them central figures in the criminal justice system with unprecedented
rights and opportunities.

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