In 2020, a committee headed by Dr. Ranbir Singh was formed with the motive of changing the criminal justice systems both the procedural law, substantive law and the law of evidence. On 11 August 2023, Bharatiya Nagrik Suraksha Sanhita Bill, 2023 was introduced in the Lok Sabha by Amit Shah, Minister of Home Affairs. After much changes and discussions, the BNSS Bill was passed in Lok Sabha on 20th and in Rajya Sabha on 21st December after which it got the President’s assent on 25th December 2023.

Major changes brought about by the new CrPC: Bharatiya Nagrik Suraksha Sanhita

CrPC and the other acts were a carbon-copy of English criminal  jurisprudence which was meant to oppress a particular class of the society also, the acts were outdated and irrelevant in the present day scenarios. Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and Bharatiya Sakshya Adhiniyam (BSA) 2023, not only provides a futuristic approach to the criminal justice delivery system but also makes it more efficient.

1- Inclusion of Forensic Investigation

Under Section 176 of the BNSS, forensic investigations are made mandatory for crimes with a minimum seven-year jail sentence. In such cases, forensic experts visit crime scenes, collect evidence, and document the process using electronic devices. If a state lacks its own forensic tools, it can utilize resources from another state. These experts handle both evidence collection and recording. This on one hand improves the effectiveness of the investigation, but also includes every miniscule factor that might be involved and in turn also paves way for new jobs.

2- Introduction of Zero FIR and E-FIRs

The Section 173 of BNSS allows all the trials, investigations and proceedings to be conducted through online means also, e- FIRs can be submitted electronically through official police portals, websites, and other electronic communication methods. This further eases the proceedings involved in order to provide quick and steady justice. Furthermore, in Section 173(1) the concept of Zero FIR has been provided. In the case of State of AP Vs Punati Ramulu and others, the Supreme court held that “Any lack of territorial jurisdiction should not have prevented the constable from recording information about cognizable offence and forwarding the same to the police station having jurisdiction over the area in which the crime was said to have been committed.” The Section 154 of CrPC mandated the registration of FIR and the concept of Zero FIR was often emphasized upon by the Supreme Court, BNSS makes it a legal provision by providing the people the option of registering an FIR in any police station regardless of its jurisdiction.

3-Allowing the use of Handcuffs

In the case of D K Basu vs State of West Bengal, it was held that using handcuffs goes against all the standards of decency, it should only be a last resort and not a customary practice. The guidelines put in the particular case and other such cases like Prem Shankar Shukla v. Delhi Administration case made the use of handcuffs “extremely objectionable” but, the BNSS under Section 43(3) provides the police officers with the authority to use handcuffs in case of habitual offenders or commission of grave offences.

Under Section 47(1) of United Nations Standard Minimum Rules for the Treatment of Prisoners or the Nelson Mandela rules the use of degrading and painful restraints is prohibited. Also, the use of handcuffs is considered to be the deprivation of liberty under Article 21 of the Constitution, it’s also considered to be a grave violation of Article 14 (right to equality) and Article 15 (right against discrimination on the basis of caste, creed and religion). But, on the contrary it can also aid the police forces in making effective arrests in the case of habitual offenders who might have had a history of escaping from prison facilities and may lead to a more robust crime control system.

4-Progress updates on Investigation

Section 193(3)(ii) of the BNSS mandates that police officers must inform the informant or victim about the investigation’s progress within 90 days. This specific time frame was not previously included under Section 173(2)(ii) of the CrPC. This guarantees the victim with a speedy justice and also in turn increases the accountability of the police forces.

5-Persons arrested without a warrant must not be detained for more than 24hours (regardless of the magistrate’s jurisdiction)

  Section 57 of the CrPC states that a police officer cannot keep a person in custody, who was arrested without a warrant, for more than 24 hours, excluding travel time to the Magistrate, unless a Magistrate orders otherwise. Section 58 of the BNSS has been amended to include the phrase “whether having jurisdiction or not,” which requires the police officer to present the arrestee before the nearest Magistrate as soon as possible, irrespective of the Magistrate’s jurisdiction.

6- Signatures and Finger Impressions

The CrPC allows Magistrates to request specimen signatures or handwriting from individuals. However, Section 349 of the BNSS expands this authority, enabling Magistrates to also require the collection of finger impressions and voice samples. This provision applies even to individuals who have not been arrested or are not under any investigation. This makes it easier to distinguish, differentiate and identify offenders and stop them from further committing any crime.

Conclusion

           The shift from the CrPC to the BNSS marks a profound transformation in legal frameworks, driven by the necessity for modern and flexible systems that can effectively tackle today’s legal challenges.These changes are designed to improve both the efficiency and fairness of the judicial process. The BNSS is carefully crafted to simplify and speed up criminal procedures, in line with Article 21 of the Indian Constitution, which ensures the right to a speedy trial. Among its key features, the BNSS aims to make the process of filing First Information Reports (FIRs) more accessible and reduce bureaucratic hurdles. By emphasizing digital records, online filings, and virtual hearings, the BNSS seeks to minimize delays and increase transparency, thus promoting efficient justice administration as per constitutional mandates. Furthermore, the BNSS strengthens victim protection by ensuring timely compensation and support services, adopting a victim-centric approach that upholds the constitutional principles of justice and equality, and safeguarding the rights of victim.The BNSS exemplifies the ongoing commitment to evolving our legal institutions, ensuring they remain capable of safeguarding individual rights and delivering justice in an ever-changing landscape.

Written by- Harsh Shukla, 3rd Year BALLB, DES’s Shri Navalmal Firodia Law College, Pune