INTRODUCTION

ON 11 August 2023, the central government introduced 3 new bills in the Lok Sabha which aims to change the criminal system. 

The Bharatiya Nagarik Suraksha Sanhita, 2023 is to replace the Code of Criminal Procedure (CrPC). The proposed law changes 160 provisions of the CrPC will be changed, and 9 sections will be repealed, and 9 new sections will be introduced.

With the help of the Bharatiya Nagarik Suraksha Sanhita (BNSS), new ideas have been introduced, including deadlines for mercy petitions, a plan for witness safety, and the acceptance of computerized means for taking testimonies and gathering evidence.

Changes to criminal procedure laws in India can be made through amendments to the Code of Criminal Procedure, 1973 (CrPC) or through the enactment of new legislation. These changes are usually introduced with the aim of improving the efficiency of the criminal justice system, protecting the rights of the accused, addressing emerging challenges, and ensuring fair and just trials.

FEATURES OF THE BILL

The new features introduced through BNSS are:

• Section 43(3) permits handcuffing convicts regarding certain serious offences; Introducing
• electronic communication devices with audio and video [Section 2(a) and (f)];
• Using electronic modes of communication for identification of accused [Section 54], serving summons [Section 63], recording statements of accused [Section 316], witnesses [Section 265(1)], recording search and seizure [Section 176(3)], and conducting trials [Section 532] are all permitted under certain grievous violations.
• No case is allowed to be brought against a member of the armed forces for any action taken in compliance with orders while performing official duties without first conducting an investigation [Section 151(2)];
• Within 14 days of receiving information about an offence carrying a sentence of three to seven years, a police officer is required to conduct a preliminary inquiry with the approval of an officer not below DSP level, and only if there is sufficient evidence to warrant further investigation [Section 173(3)].
• When a police officer receives information about an offence that carries a sentence of more than seven years, they are required to take steps to ensure that a forensics specialist visits the scene to gather forensic evidence and videotape the entire incident on any available electronic equipment [Section 176(3)].
• After receiving a report on the incident's facts from the employee's superiors and following the employee's allegations regarding the circumstances leading up to the incident, a magistrate may take cognizance of a complaint against a public employee arising from the performance of his duties [Section 210(3)].
• Detention in judicial custody is only permitted in prisons or other locations designated as such by the government. Detention in police custody is only permitted in a station. It might suggest that no house arrests are allowed. [Section 187]; 
• Under Section 193(3)(ii), The police are required to update the victim or complainant on the status of the inquiry within 90 days. The new Bill also allows the conduct of investigation during the trial, with permission of the court, and to be completed within 90 days which may be extended by the court.
• The accused may file a discharge application within 90 days, but with a maximum extension of 180 days [Section 250].
• Judgment of acquittal or conviction shall be rendered within 30 days, which may be extended up to 60 days with justification [Section 258]; 
• Suppose a public servant or expert is to be questioned regarding a document they prepared for evidence, but they are transferred or unable to testify. In that case, the court shall secure the presence of the witness [Section 336].
• The right of a proclaimed offender to be present and be tried in person shall be deemed to have been waived when he has fled to avoid trial and there is no immediate prospect of his arrest. This restriction applies even when there are unavoidable circumstances [Section 356].
• There can be no more than two adjournments granted during the hearing. The court will conduct the trial as though he were present [Section 346]; 
• Section 398 gives state governments the authority to notify witness protection programs.
• A person who has been sentenced to death or his legal heir may submit a petition for mercy to the President or the Governor within 30 days of learning from the jail superintendent that the Supreme Court has dismissed the appeal or that the High Court has confirmed the death sentence and that the appeals period has run out. In the sake of justice, the President may decide whether to grant mercy to all prisoners at once, [Section 473].
• Bail is described as the "release of a person accused of an offence from the custody of law enforcement upon certain conditions imposed by an officer or court including execution by such person of a bond or a bail bond." Section 479.
• The court may issue anticipatory bail under the new legislation if it sees proper. In [section 484], the criteria to be considered are eliminated.

SUPERMACY OF THE BILL

• Many procedures that would not ordinarily have timelines are given in the new Bill but are present in the CrPC. After conducting their inquiry, medical officials have a timeframe by which they must submit their results.
• Certain methods are defined and made clearer by the BNSS. For example, the need that an arrested individual appears before a magistrate within 24 hours. It states unequivocally that an accused may be presented to "any" magistrate, "irrespective of jurisdiction".

DRAWBACKS OF THE BILL

• However, the new code does not make the current law's specified procedures any simpler.
• The BNSS places a strong emphasis on the use of technological methods for recording the testimonies of the accused and witnesses while also requesting that they sign the statement that is being recorded. It's possible that this defeats the goal of allowing electronic recording. 
• Finding key pieces of evidence may take longer due to the requirement that a DSP-level officer perform a preliminary inquiry before beginning the main probe. 
• More delays can result from the clause permitting investigative agencies to conduct their investigations throughout the trial.
• Further, while the issue of remand is clarified, transit bail is still not defined in the BNSS.

CONCLUSION

The Bharatiya Nagarik Suraksha Sanhita, 2023 is not an existing law or act in India. As of now, there is no legislation by that name that aims to change criminal procedure laws. It is important to note that any changes to criminal procedure laws are typically carried out through amendments to existing legislation or through the enactment of new laws.

In India, the laws governing criminal procedure are primarily contained in the Code of Criminal Procedure, 1973 (CrPC). The CrPC provides for the procedure to be followed in criminal matters, including the investigation, arrest, trial, and appeals. Any proposed changes to the criminal procedure laws would require an amendment to the CrPC or the introduction of a new legislation altogether.

If there is any specific proposal or bill introduced in relation to changing criminal procedure laws, it would be necessary to refer to the content of that proposal and the relevant provisions mentioned therein to understand the specific changes being proposed. Without such information, it is not possible to provide a detailed answer.

Amendments to the CrPC are typically made by the Parliament of India through the legislative process, following consultation with relevant stakeholders. These amendments may include provisions related to the investigation process, arrest procedures, bail, trial procedures, sentencing, and appeals.

For example, the Criminal Law (Amendment) Act, 2013 was enacted to amend the CrPC and other laws in response to the Justice Verma Committee report on the amendment of criminal laws related to sexual offenses. This amendment brought significant changes, such as broadening the definition of sexual offenses, enhancing punishment for certain offenses, and introducing provisions for the protection and support of victims.

It's important to note that any proposed changes to criminal procedure laws go through a rigorous legislative process that includes parliamentary debates, committee reviews, and public consultations. This is done to ensure that all stakeholders' viewpoints are considered and that the changes reflect the evolving needs of society.