The Code of Criminal Procedure, 1973 (CrPC) serves as a crucial procedural law governing the administration of the Indian Penal Code, 1860 (IPC). It outlines the processes for investigation, arrest, prosecution, and bail concerning criminal offenses. The CrPC was initially introduced in 1861 to address the complexities arising from the existence of multiple legal systems in India.

Over time, the CrPC has undergone several revisions to address the evolving needs of the justice system. In 1973, the original act was repealed and replaced with the current CrPC, which brought in significant changes, such as the introduction of anticipatory bail. Further amendments, like those in 2005, included provisions for plea bargaining and strengthened the rights of arrested individuals.

The Supreme Court of India has played a pivotal role in interpreting and applying the CrPC, shaping its practical implementation. Key judicial interpretations include mandating the registration of an FIR for cognizable offenses, restricting arrests for offenses punishable by less than seven years of imprisonment, and affirming that bail for bailable offenses is an absolute right with no room for discretion. The Court has also established guidelines for custodial interrogations and highlighted the necessity of speedy trials. Despite these efforts, challenges such as case backlogs, trial delays, and concerns about the treatment of marginalized groups persist within the criminal justice system.

To address these ongoing issues, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was introduced on August 11, 2023, as a replacement for the CrPC. The BNSS brings significant changes, including amendments to bail provisions, an expanded scope for property seizure, and alterations to the powers of the police and Magistrates. The Bill has been reviewed by the Standing Committee on Home Affairs and is set to come into effect on July 1, 2024.

Significant Additions, Deletion And Changes Brought In Bharatiya Nagarik Suraksha Sanhita:

Section 15: Special Executive Magistrates (BNSS)

The State Government can appoint Executive Magistrates or senior police officers (at least at the rank of Superintendent of Police) as Special Executive Magistrates. These appointments can be for specific areas or tasks, and the Special Executive Magistrates will have the powers typically given to regular Executive Magistrates, as decided by the State Government.

Section 23: Enhanced Powers of Magistrates:
Under Section 23 of the BNSS, the fine-imposing authority of Magistrates has been increased:

• A Magistrate of the first class can now impose fines up to ₹50,000 (previously ₹10,000).
• A Magistrate of the second class can impose fines up to ₹10,000 (previously ₹5,000).

Additionally, both classes of Magistrates are now authorized to impose community service as a form of punishment.

Section 2: Introduction of Electronic Communication:

Section 2 of the BNSS introduces and defines key terms such as "electronic communication" and "audio-video electronic means." These definitions are important as they establish the legal framework for using electronic methods in various judicial procedures, including trials and proceedings, allowing for greater use of technology in the justice system.

Deletions in the BNSS:

• Omission of Metropolitan Areas and Magistrates: Provisions related to 'Metropolitan areas' and 'Metropolitan Magistrates' from the CrPC have been removed from the BNSS.
• Removal of Certain Judicial Posts: The positions of Judicial Magistrate of the third class and Assistant Sessions Judge have been abolished to achieve greater uniformity in the judicial system.
• Deletion of Section 144-A: The BNSS has removed Section 144-A of the CrPC, which previously allowed the District Magistrate and the State Government to ban the carrying of arms during processions, mass drills, or training.

Section 35(7): Protection for Aged and Infirm Persons
Section 35(7) of the BNSS provides special protection for elderly and infirm individuals. If a person is over 60 years old or is physically infirm, they cannot be arrested for an offense punishable by less than three years' imprisonment without first obtaining permission from an officer at least the rank of Deputy Superintendent of Police.

Section 63 of the BNSS
Section 63 introduces technology compatibility for issuing and serving summons. It allows courts to issue summons electronically, which must be authenticated by either an image of the court's seal or a digital signature. This modernizes the process, making it more efficient and aligned with current technology.

Section 66: Service of Summons
Section 66 allows for the service of a summons by leaving a duplicate copy with an adult member of the summoned person's family if the person cannot be found. This updates the previous requirement in the CrPC, which specified leaving the summons with "some adult male member" to now include any adult family member, regardless of gender.

Section 84: Declaration of Proclaimed Offender
Section 84 stipulates that an individual can be declared a proclaimed offender for any offense punishable by 10 years or more of imprisonment, life imprisonment, or the death penalty. This expands the criteria for declaring someone a proclaimed offender under the BNSS.

Section 105: Recording of Search and Seizure
Section 105 requires that searches and seizures, including the preparation of an inventory of seized items and the signing of this inventory by witnesses, be recorded using audio-video electronic means (such as a mobile phone). The police officer must promptly send this recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class. This ensures that the entire process is documented and monitored for transparency.

Section 107: Ex Parte Trials for Absconding Offenders:
Section 107 allows for trials and the pronouncement of judgments to proceed ex parte (in the absence of the accused) if an offender is absconding and evading trial. This provision ensures that the judicial process continues even if the accused does not appear.

Section 173: Zero FIR and e-FIR

• Zero FIR: When information about a crime is received by the police, even if it falls outside their jurisdiction, it must be recorded in a book maintained by the officer. This allows for the immediate registration of an FIR, known as a Zero FIR, which can be transferred to the appropriate jurisdiction later.
• e-FIR: The section also provides for lodging FIRs through electronic communication (e-FIR). The person providing the information must sign a physical copy of the e-FIR within 3 days for it to be officially recorded.

Section 179(1): Police Officer's Power to Require Attendance of Witnesses

Section 179(1) grants a police officer the authority to order the attendance of any person who is within the jurisdiction of the officer's or an adjoining police station and is believed to have relevant information about the case. However, there are exceptions to ensure the protection of certain individuals:

• Exemptions: Persons under 15 years, those over 60 years, women, mentally or physically disabled individuals, or those with acute illness cannot be required to attend any location other than their residence.
• Voluntary Attendance: If such exempted individuals choose to come to the police station voluntarily, they may do so.

Section 184: Medical Report of Rape Victims
Section 184 mandates that a registered medical practitioner must send the examination report of a rape victim to the investigating officer within 7 days. The investigating officer must then forward this report to the Magistrate. This provision sets a clear timeframe for the submission of medical reports, aiming to streamline the documentation process and ensure timely handling of such sensitive cases.

Section 185 outlines the procedures for police officers to conduct searches during investigations. If an officer in charge or conducting an investigation believes that evidence crucial to their case is located within their jurisdiction, they may conduct a search if obtaining the evidence otherwise would cause undue delay. The officer must document their belief and specify what they are searching for in the case diary. Ideally, the officer should perform the search personally, and it must be recorded using audio-video means, such as a mobile phone.

If the officer cannot conduct the search themselves and no competent individual is available, they can delegate the task to a subordinate, providing written instructions about the search location and items. The section also stipulates that the general rules for search-warrants and searches in Section 103 apply. Additionally, records of the search must be submitted to the nearest Magistrate within 48 hours, and the owner or occupier of the searched premises can request a copy of these records from the Magistrate free of charge.

Section 258 requires that a judgment of acquittal or conviction be delivered within 30 days of completing the arguments in a case. This period can be extended by an additional 45 days only for specific, justifiable reasons. This provision aims to ensure timely delivery of judgments and reduce delays in the judicial process.

Section 346: Daily Trials or Inquiries
Section 346 mandates that trials or inquiries be conducted on a daily basis. This means that once a trial or inquiry begins, it should proceed continuously without unnecessary breaks or delays, ensuring a more efficient and timely judicial process.

Section 398: Witness Protection Scheme
Section 398 requires every State Government to establish and publicize a witness protection scheme. This provision highlights the importance of safeguarding witnesses, a need emphasized by the Malimath Committee and several Law Commission Reports (14th, 154th, 172nd, 178th, and 198th). The scheme aims to ensure the safety and security of witnesses, thereby supporting the integrity of the judicial process.

Section 530 of BNSS, 2023 introduces the use of electronic communication and audio-video electronic means for various judicial processes. This newly added provision allows for trials, inquiries, proceedings, service, and issuance of summons to be conducted through electronic methods, enhancing efficiency and modernizing the judicial system.

Chapters VI, VII, and VIII of the BNSS focus on the attachment of property in cases involving financial offenses. These chapters outline the procedures for seizing assets of accused individuals to ensure that financial crimes are addressed effectively.

Chapters XVII, XIX, and XX establish specific timelines for various stages of investigation. These provisions are designed to tackle delays in the procedural process, ensuring a more timely and efficient handling of cases.

Conclusion
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a significant overhaul of the procedural framework established by the Code of Criminal Procedure, 1973 (CrPC). Aimed at modernizing and streamlining the criminal justice system, the BNSS introduces several transformative changes to enhance procedural efficiency and ensure better administration of justice.

Key updates include the establishment of Special Executive Magistrates for specific duties, increased fines and community service options for Magistrates, and the incorporation of electronic communication and audio-video means for judicial procedures. The BNSS also addresses gaps from the CrPC, such as the omission of outdated provisions and the introduction of new protections for elderly and infirm individuals.

Provisions such as mandatory recording of search and seizure operations, the introduction of Zero FIR and e-FIR, and daily trials underscore the BNSS's commitment to addressing delays and inefficiencies. The requirement for a comprehensive witness protection scheme further reflects the Bill's emphasis on safeguarding participants in the judicial process.

By modernizing procedural aspects and enhancing technological integration, the BNSS aims to tackle longstanding issues such as case backlogs and delays. As the BNSS comes into effect on July 1, 2024, it is poised to reshape the criminal justice landscape in India, fostering a more transparent, efficient, and equitable legal system.