Bharatiya Nagarik Suraksha (Second) Sanhita Act, 2023

Key aspects

About

Forensic investigation

• It is mandated for offences punishable with 7 years of imprisonment or more.
• Forensic experts will visit crime scenes to collect forensic evidence and record the process.
• If a state does not have forensics facility, it shall utilise such facility in another state.

Use of technology

• All trials, inquiries, and proceedings may be held in electronic mode.
• Production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial

Evasion of trail

If a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, the trial can be conducted and judgement pronounced in his absence

Samples for investigation

• Along with specimen signatures or handwriting, finger impressions and voice samples may be collected for investigation or proceedings.
• Samples may be taken from a person who has not been arrested.

Timelines for procedures

• It prescribes timelines for various procedures.
  • Medical practitioners who examine rape victims- Submit report to investigation officer within 7 days.
  • Giving judgements within 30 days of completion of arguments (extendable up to 45 days)
  • Informing the victims of progress of investigation within 90 days.

Use of handcuffs

• Handcuffs may only be used to arrest
  • A habitual or repeat offender who has escaped custody, or
  • A person who has committed offences such as rape, acid attack, organised crime, drug related crime, or offence against the State.

Key aspect

CrPC

BNSS2

Detention of undertrials

• If an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond.
• This does not apply to offences punishable by death.

• This provision will also not apply to offences punishable by life imprisonment and
• Persons against whom proceedings are pending in more than one offence.

Medical examination

• It allows medical examination of the accused in certain cases, including rape cases.
• Such examination is done by a registered medical practitioner on the request of at least a sub inspector level police officer.

• It provides that any police officer can request such an examination.

Samples for investigation

• It empowers a Magistrate to order any person to provide specimen signatures or handwriting.

• It expands this to include finger impressions and voice samples.
• It allows these samples to be collected from a person who has not been arrested.

Hierarchy of Courts

• It establishes hierarchy of courts for the adjudication of criminal matters in India.
• These include
  • Magistrate’s Courts- Subordinate courts responsible for the trial of most criminal cases.
  • Sessions Courts- It is presided over by a Sessions Judge and hear appeals from Magistrate’s Courts.
  • High Courts- They have inherent jurisdiction to hear and decide criminal cases and appeals.
  • Supreme Court- They hear appeals from High Courts and also exercise its original jurisdiction in certain matters.
• It empowers the State governments to notify any city or town with a population of more than 1 million as a metropolitan area.
• Such areas have Metropolitan Magistrates.

• It removes the classification of metropolitan areas and Metropolitan Magistrates.

Procedure of police custody

• The Constitution and CrPC prohibit detention in police custody beyond 24 hours.
• The Magistrate is empowered to extend it up to 15 days in case investigation cannot be completed within 24 hours.
• The overall detention cannot exceed 60 or 90 days depending on the offence.

• It adds that the police custody of 15 days can be authorised in whole or in parts at any time during the initial 40 or 60 days out of the 60 or 90 days period