Name: Jaiv Udeshi

Year- 5th year B.L.S. LL.B.

Div- B
Roll No- B052

Bharatiya Nagarik Suraksha Sanhita 2023: Detailed Analysis of Chapter XXX

Introduction
The Bharatiya Nagarik Suraksha Sanhita 2023 marks a significant shift in India's criminal justice
system. This comprehensive legislation aims to overhaul and modernize the country's legal
framework, replacing the outdated Criminal Procedure Code of 1973. Its introduction has sparked
discussions among legal experts, policymakers, and citizens about its potential to enhance the
efficiency and fairness of criminal proceedings in India.
This article delves into Chapter XXX of the Bharatiya Nagarik Suraksha Sanhita, examining its key
provisions and their implications. It provides an overview of the Sanhita's main objectives, analyzes
the specific elements of Chapter XXX, and compares them with previous laws. The study also
explores how these changes might affect the roles of Judicial Magistrates and Courts of Session,
shedding light on the potential impact of this landmark legislation on India's criminal justice
landscape.

Overview of Bharatiya Nagarik Suraksha Sanhita 2023

Background and Purpose
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 represents a significant overhaul of India's
criminal justice system. This legislation aims to consolidate and amend the law relating to Criminal
Procedure, replacing the outdated Criminal Procedure Code of 1973. The BNSS was introduced in the
Lok Sabha on August 11, 2023, by Amit Shah, the Minister of Home Affairs. After undergoing
revisions, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was introduced on December
12, 2023, and subsequently passed by both houses of Parliament. On December 25, 2023, it received
the President's assent, marking a new era in India's legal landscape.
The primary purpose of the BNSS is to address the issues plaguing the current criminal justice
system, such as delays in delivering justice, complex procedures, large pendency of cases, low
conviction rates, and inadequate use of technology. By modernizing and streamlining the legal
framework, the BNSS aims to create a faster and more efficient justice system that better serves the
needs of Indian citizens.

Key Features
The Bharatiya Nagarik Suraksha Sanhita 2023 introduces several significant changes to improve the
efficiency and effectiveness of the criminal justice system:
1. Streamlined Procedures: The BNSS prescribes specific timelines for various aspects of
investigation and trial to ensure speedy justice. For instance, First Information Reports
(FIRs) must be recorded within three days for complaints submitted through electronic
communication.
2. Enhanced Use of Technology: The legislation mandates audio-video recording of search
and seizure operations to bring greater transparency to investigations. It also allows for the
use of electronic communication and audio-video electronic means for various procedures,
including serving summons and recording statements.
3. Strengthened Rights of the Accused: The BNSS provides safeguards such as the right to a
lawyer of choice during interrogation, though not throughout the interrogation, and the
right to a fair trial.
4. Expanded Powers for Property Attachment: The BNSS gives courts the authority to attach
property deemed to be proceeds of crime. This provision aims to create a stronger
deterrent against criminal activities and provide some financial relief to victims.
5. In-absentia Trials: The legislation allows for trials to be conducted in the absence of
proclaimed offenders, which can help expedite proceedings in cases where the accused has
absconded.
6. Victim-centric Approach: The BNSS introduces provisions to keep victims informed
about the progress of investigations and allows for the distribution of attached property
among those affected by the crime.

Significance in Indian Legal System

The Bharatiya Nagarik Suraksha Sanhita 2023 holds immense significance for India's legal system. It
represents a comprehensive effort to modernize and streamline criminal procedures, addressing long-
standing issues that have hindered the efficient delivery of justice.
By introducing specific timelines for various stages of the legal process, from investigation to trial,
the BNSS aims to tackle the problem of delayed justice. This could potentially lead to a reduction in
the backlog of cases that has long plagued Indian courts.
The emphasis on technology integration, including the use of electronic communication and audio-
video recording, aligns the criminal justice system with modern practices. This shift towards
digitalization has the potential to enhance transparency, reduce paperwork, and expedite legal
processes. However, the BNSS also introduces some controversial elements. For instance, the
provision allowing up to 15 days of police custody, which can be authorized in parts, has raised
concerns about potential misuse and its impact on bail proceedings.

While the BNSS retains many provisions from the Criminal Procedure Code, it also introduces new
elements that may have far-reaching implications. The expanded powers for property attachment and
the ability to conduct in-absentia trials are significant changes that could alter the dynamics of
criminal proceedings in India.

As the Bharatiya Nagarik Suraksha Sanhita 2023 comes into force, its implementation and impact will
be closely watched by legal experts, policymakers, and citizens alike. The success of this legislation
in achieving its goals of modernizing and streamlining India's criminal justice system will
undoubtedly shape the future of legal proceedings in the country.

Detailed Examination of Chapter XXX

Scope and Objectives
The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) aims to modernize India's criminal justice
system by replacing the outdated Criminal Procedure Code of 1973. Chapter XXX of the BNSS
focuses on enhancing the efficiency and fairness of criminal proceedings. Its primary objectives
include streamlining procedures, integrating technology, and striking a balance between law
enforcement powers and individual rights.
One of the key goals of this chapter is to address the issue of delayed justice. To achieve this, it
prescribes specific timelines for various stages of the legal process, from investigation to trial. This
has the potential to reduce the backlog of cases that has long plagued Indian courts. Additionally, the
chapter emphasizes the use of technology in criminal proceedings, aligning the justice system with
modern practices.

Key Provisions
Chapter XXX introduces several significant provisions to improve the criminal justice system:
1. Mandatory Forensic Investigation: For offenses punishable with seven years of
imprisonment or more, forensic investigation becomes mandatory. Forensic experts are
required to visit crime scenes, collect evidence, and record the process.
2. Electronic Mode for Trials: All trials, inquiries, and proceedings may be conducted in
electronic mode. This provision allows for the production of electronic communication
devices likely to contain digital evidence for investigation, inquiry, or trial.
 3. In-absentia Trials: If a proclaimed offender has absconded to evade trial and there is no
immediate prospect of arresting them, the trial can be conducted and judgment
pronounced in their absence.
4. Enhanced Evidence Collection: Along with specimen signatures or handwriting, finger
impressions and voice samples may be collected for investigation or proceedings. These
samples can be taken even from individuals who have not been arrested.
5. Timelines for Procedures: The BNSS prescribes specific timelines for various procedures.
For instance, medical practitioners examining rape victims must submit their reports to the
investigating officer within seven days.

Legal Implications
The provisions of Chapter XXX have several legal implications:
1. Extended Police Custody: The BNSS allows up to 15 days of police custody, which can be
authorized in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial
custody. This may lead to denial of bail for the entire period if the police has not
exhausted the 15 days custody.
2. Property Attachment: The power to attach property from proceeds of crime does not have
safeguards provided in the Prevention of Money Laundering Act. This could potentially
lead to misuse of the provision.
3. Limitations on Bail: The BNSS denies bail for anyone facing multiple charges, even if
they have been detained for half the maximum imprisonment for the offense. As many
cases involve charges under multiple sections, this may limit access to bail.
4. Use of Handcuffs: The use of handcuffs is permitted in a range of cases, including
organized crime, contradicting Supreme Court directions.
5. Evidence Presentation: The BNSS allows evidence collected by retired or transferred
investigating officers to be presented by their successors. This violates normal rules of
evidence when the author of the document can be cross-examined.
These provisions of Chapter XXX of the Bharatiya Nagarik Suraksha Sanhita 2023 represent a
significant shift in India's criminal justice system. While they aim to enhance efficiency and
modernize procedures, they also raise concerns about potential infringement on individual rights. The
effective implementation and interpretation of these provisions will be crucial in ensuring that the
BNSS serves its purpose without compromising the rights and liberties of individuals.

Comparative Analysis with Previous Laws

The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) represents a significant shift from its
predecessor, the Code of Criminal Procedure (CrPC) 1973. This new legislation aims to modernize
and streamline India's criminal justice system, addressing longstanding issues and adapting to
contemporary needs.
Changes from Code of Criminal Procedure
One of the most notable changes in the BNSS is the mandatory forensic investigation for offenses
punishable with seven years of imprisonment or more. This provision aims to enhance the quality of
evidence collection and analysis, potentially leading to more accurate convictions. Additionally, the
BNSS allows for trials, inquiries, and proceedings to be conducted in electronic mode, a significant
departure from the traditional court proceedings outlined in the CrPC.
The BNSS also introduces changes in the detention and custody provisions. It allows up to 15 days of
police custody, which can be authorized in parts during the initial 40 or 60 days of the 60 or 90 days
period of judicial custody 4. This modification provides law enforcement agencies with more
flexibility in conducting investigations but has raised concerns about potential misuse.
Another significant change is the provision for in-absentia trials. Under the BNSS, if a proclaimed
offender has absconded to evade trial and there is no immediate prospect of arresting them, the trial
can be conducted and judgment pronounced in their absence. This provision aims to prevent delays in
the justice system due to absconding accused.
Advancements in Legal Framework
The BNSS introduces several advancements to modernize the legal framework. It emphasizes the use
of technology in criminal proceedings, aligning the justice system with contemporary practices. For
instance, the BNSS mandates the recording of search and seizure operations through audio-video
electronic means, enhancing transparency in investigations.
The new legislation also expands the scope of evidence collection. Along with specimen signatures or
handwriting, the BNSS allows for the collection of finger impressions and voice samples for
investigation or proceedings. This provision reflects the growing importance of biometric evidence in
criminal investigations.
The BNSS also introduces specific timelines for various procedures, aiming to address the issue of
delayed justice. For example, medical practitioners examining rape victims must submit their reports
to the investigating officer within seven days. These prescribed timelines have the potential to reduce
the backlog of cases that has long plagued Indian courts.
Impact on Criminal Justice System
The introduction of the Bharatiya Nagarik Suraksha Sanhita 2023 is expected to have a significant
impact on India's criminal justice system. The emphasis on technology integration, including the use
of electronic communication and audio-video recording, aligns the criminal justice system with
modern practices. This shift towards digitalization has the potential to enhance transparency, reduce
paperwork, and expedite legal processes.
However, some provisions of the BNSS have raised concerns among legal experts. For instance, the
expanded powers for property attachment and the ability to conduct in-absentia trials are significant
changes that could alter the dynamics of criminal proceedings in India. The provision allowing up to
15 days of police custody has also been criticized for its potential impact on bail proceedings.
As the Bharatiya Nagarik Suraksha Sanhita 2023 comes into force, its implementation and impact will
be closely watched by legal experts, policymakers, and citizens alike. The success of this legislation
in achieving its goals of modernizing and streamlining India's criminal justice system will
undoubtedly shape the future of legal proceedings in the country.

Conclusion
The Bharatiya Nagarik Suraksha Sanhita 2023 marks a significant shift in India's criminal justice
system. It has an influence on various aspects of legal proceedings, from investigation to trial, with
the potential to streamline processes and enhance efficiency. The integration of technology,
mandatory forensic investigation for serious offenses, and the introduction of specific timelines for
procedures are poised to cause a revolution in the way justice is delivered in India.
While the BNSS aims to address longstanding issues in the criminal justice system, it also raises
important questions about individual rights and the balance of power between law enforcement and
citizens. As this new legislation is put into action, its impact on the legal landscape will be closely
watched. The success of the BNSS in achieving its goals while safeguarding fundamental rights will
play a crucial role in shaping the future of criminal proceedings in India.

References
[1] - https://vikaspedia.in/social-welfare/new-criminal-laws/bharatiya-nagarik-suraksha-sanhita-an-
overview
[2]- https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023
[3]- https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-second-sanhita-2023
[4] - https://testbook.com/ias-preparation/bharatiya-nagarik-suraksha-sanhita-2023