A Comprehensive Guide to the Bhartiya Nagrik Suraksha Sanhita Bill, 2023

The Bharatiya Nagrik Suraksha Sanhita Bill, 2023 (BNSS Bill) is a comprehensive reform of the Indian criminal justice system. It repeals and replaces the Code of Criminal Procedure, 1973 (CrPC). The BNSS Bill introduces a number of new provisions and changes to existing provisions, aimed at improving the efficiency and effectiveness of the criminal justice system.

Some of the salient features of the BNSS Bill include:

• Detention of undertrials: The BNSS Bill provides for the release of undertrials after they have spent half of the maximum period of imprisonment for the offence, subject to certain conditions. This is intended to reduce the number of undertrials in jail.
• Trial in absence of offender: The BNSS Bill provides for the conduct of trial and pronouncement of judgement in the absence of a proclaimed offender. This is intended to speed up the trial of cases where the accused has absconded.
• Bail: The BNSS Bill makes it more difficult for courts to deny bail in bailable offences. This is intended to protect the right to liberty of the accused.
• Speedy trial: The BNSS Bill sets a time limit of six months for the completion of trial in most cases. This is intended to reduce the delay in the trial of cases.
• Evidence: The BNSS Bill introduces a number of new provisions relating to evidence, including the admissibility of electronic evidence and the use of videography in court proceedings.

The BNSS Bill is a significant reform of the Indian criminal justice system. It is expected to have a major impact on the way in which criminal cases are investigated, prosecuted, and tried in India.

Here are some additional details on some of the key features of the BNSS Bill:

Detention of undertrials: Under the BNSS Bill, an undertrial can be released on bail after they have spent half of the maximum period of imprisonment for the offence, subject to certain conditions. These conditions include:

• The accused must furnish security to the court.
• The accused must not commit any further offences.
• The accused must appear before the court at all times when required.

The BNSS Bill also provides for the release of undertrials who are elderly, infirm, or have serious medical conditions.

Trial in absence of offender: Under the BNSS Bill, a trial can be conducted and a judgement pronounced in the absence of a proclaimed offender. A proclaimed offender is a person who:

• Is accused of an offence punishable with imprisonment of at least 10 years or death.
• Fails to appear at a specified time and place as specified by a court.

The BNSS Bill provides that the trial can be conducted in the absence of the offender if the court is satisfied that the offender has absconded to evade trial.

Bail: Under the BNSS Bill, the court shall grant bail to an accused in a bailable offence, unless the court is satisfied that there are reasonable grounds for believing that the accused will abscond or interfere with the investigation or trial.

The BNSS Bill also provides for the release of undertrials who are accused of bailable offences, even if they are unable to furnish security to the court.

Speedy trial: Under the BNSS Bill, the trial of a case shall be completed within six months, except in cases where the court is satisfied that it is not possible to complete the trial within six months.

The BNSS Bill provides for a number of measures to expedite the trial of cases, including:

• The appointment of more judges and magistrates.
• The use of technology to improve the efficiency of court proceedings.
• The simplification of court procedures.

Evidence: The BNSS Bill introduces a number of new provisions relating to evidence, including:

• The admissibility of electronic evidence, such as emails, text messages, and social media posts.
• The use of videography in court proceedings.

The BNSS Bill also provides for the establishment of a new National Forensic Science Laboratory to improve the quality of forensic evidence.