The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is an Act to consolidate and amend the law relating to Criminal Procedure (Cr.PC) and has been given assent by the President of India on 25th December 2023.
The Act replaces the Criminal Procedure Code, 1973. It comes into force on 01/07/2024.
Some salient features of BNSS
Specific timelines for investigation and trial : BNSS prescribes specific timelines for different aspects of investigation and trial in order to ensure speedy justice.
FIR Registration: FIR to be recorded within three days for complaints submitted through electronic communication, expediting the initial phase of criminal cases.
Medical Examination Reports: Medical examination reports of rape victims to be forwarded within seven days to the investigating officer, ensuring timely collection of crucial evidence.
Victim/Informant Updates: Regular updates to victims/informants about status of investigation within 90 days, fostering transparency and keeping stakeholders informed.
Framing Charges: Competent magistrates required to frame charges within 60 days from first hearing on charge.
Trial in Absentia: Courts empowered to initiate trial in absentia against proclaimed offenders after 90 days from charge framing, expediting proceedings and ensuring timely delivery of justice to victims and society.
Judgment Pronouncement: Criminal court to pronounce judgments within 45 days post the trial’s conclusion, ensuring a prompt legal resolution.
Uploading of Judgment: Criminal court to upload judgment within seven days from the date of pronouncement on their portal, providing easy access to litigants
Audio-Video recording of search : BNSS mandates audio-video recording of search and seizure to bring in greater transparency during investigation.
Attachment of Property during investigation : The property of criminals, which is deemed to be proceeds of crime, can be attached by the Court. Such proceeds of crime shall be distributed among the victims. This would not only create greater deterence for crime but would also provide some pecuniary relief to the victims of crime.
In-absentia trial of Proclaimed offender : BNSS provides for in-absentia trial of proclaimed offenders.