Introduction:

The foundation of Indian criminal procedural law was laid by a number of important colonial statutes, such as the Indian Evidence Act (1872), the Indian Penal Code (1860), and the Police Act (1861). These rules were developed with the original intention of upholding British rule. The Indian legal system lacked consistency even after independence. While Article 372 of the Indian Constitution preserved the colonial laws, Article 13 of the document stipulated that legislation must be in accordance with basic constitutional rights. This dualism made it more difficult for the criminal justice system to become more efficient and rights-based. Colonial techniques of law enforcement, such as arrest, investigation, and prosecution, persisted even after the Criminal Procedure Code (CrPC) was introduced in 1973. The CrPC aimed to provide “Speedy Disposal,” “Due Process,” and justice for the underprivileged. 

Cases like Kalwa v. State of Uttarakhand and Ram Chander v. State of Haryana, decided by the Supreme Court and High Court, highlighted fundamental rights and set the foundation for a more equitable legal system. These decisions contribute to the evolution of the legal system towards a more democratic and contemporary framework by highlighting the need of a “real hearing” and the “discovery of truth.”

This mechanism underwent a major change in 2023 when the Bharatiya Nagrik Suraksha Sanhita (BNSS) superseded the outdated CrPC. The passage of the BNSS in the Indian Parliament serves that the law has been framed by the Indians for the Indians. To address the deficiencies of the colonial-era system, the BNSS aims to ensure stronger protection of individual rights, encourage more responsibility, and improve procedural justice. It advocates for a more disciplined and transparent approach to law enforcement that puts the rights of the accused first, supports investigations, and moves the judicial system along more quickly. The BNSS is a significant milestone in India’s direction towards an impartial and citizen-friendly legal system, in keeping with constitutional law.

Comparison Between CrPC and BNSS 

The criminal procedural system created under the CrPC 1973 has undergone significant revision with the implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Although the Criminal Procedure Code (CrPC) has been the cornerstone of India’s criminal justice system for many years, the BNSS aims to modernize the legal framework and solve its deficiencies.

We can see major changes in the following sections:

• Exclusion of Metropolitan Area Courts:

  The BNSS no longer contains the clause that allowed courts to be established in metropolitan areas under the CrPC. This removal is a step towards creating a single, integrated judicial system that serves both rural and urban locations. A more efficient legal system might result from this shift, which would lessen the operational and legal differences between metropolitan and non-metropolitan courts. In addition, statements given by the Metropolitan Magistrate of grounds of his decision to be considered by High Court has been deleted.

• Use of Technology in Search and Seizure:

  Section 105 of the BNSS establishes the necessity for recording the search and seizure     procedure with a mobile phone and to promptly send the recorded footage or record to a magistrate. This modernizes the procedure by utilizing technology to guarantee openness, lessen corruption, and preserve correct records-all of which were frequently challenged in the conventional procedures outlined in the CrPC.

• Trial in Absentia for Proclaimed Offenders:

  Section 356 of the BNSS is a noteworthy provision since it permits the trial of proclaimed criminals in absentia in situations when there is no reasonable possibility of their apprehension. They forfeit their right to take part in the trial in such circumstances and the trial is conducted in a way as if he was present. In situations where the accused avoids arrest, this clause might speed up the legal process and save needless delays. The previous CrPC required the accused to appear in person or for all available remedies to be exhausted before the accused could be brought before a court.

• Witness Protection (Section 398):

  A new clause in the BNSS requires State Governments to design a program for witness protection. The lack of formalized witness protection frequently resulted in witness intimidation, coercion, or tampering, which negatively impacted the administration of justice. This was a much-needed amendment that CrPC lacked.

• Use of Electronic Means in Trials:

  Section 530 of the BNSS, which allows for electronic audio-video trials, enquiries, and procedures, is one of the most revolutionary amendments. The use of digital procedures signifies a substantial modernisation of India’s judicial infrastructure, allowing for speedier, more effective trials and a reduction in backlogs. The CrPC 1973 did not account for such technical improvements.

• Fines Imposable by Magistrates:

  The maximum fine of ₹10,000 and ₹5,000 for certain offenses under Section 29 of CrPC has been revised. The revised fine amounts are ₹50,000 and ₹10,000, respectively under section (u/s) 23 of BNSS.

• Timelines:

  It sets up fixed timelines for trials, investigations, and judgments to fasten the judicial process.

• Victim Participation:

  Encourages victim involvement by giving digital access to FIR copies and updates of investigation.

• Bail:

  Alters rules relating to bail and detention to protect rights of undertrial prisoners’.

• Police Powers:

  Resetting police authority with safeguards against misuse.

• Electronic Examination:

  Allows electronic examination of accused individuals.

• Magisterial System:

  Aims to smoothen the magisterial process.

• Summary Trials:

  For minor offenses,introduction of  mandatory summary trials.

• Retrospective Effect:

  Permits first-time offenders arrested before 1st July, 2024, to seek bail after completing 1/3rd of their maximum sentence.

Conclusion

A much-needed reform, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 modernizes and streamlines many of the antiquated elements of the CrPC 1973. Long-standing inefficiencies in the criminal justice system are addressed by BNSS through the use of technology, the introduction of witness protection measures, and the ability to hold trials in absentia. The trend towards a single court system that does not distinguish between metropolitan and non-metropolitan courts also represents a drive for more efficient legal procedures.

The criminal procedural system in India was established by the CrPC, but it was evident that an update was urgently needed due to mounting issues such a growing backlog of cases and technological improvements. By properly filling in these gaps, BNSS improves the criminal justice system’s responsiveness, transparency, and conformity to modern international norms.

Source

• Legal Glossary-Witness( The LawGist)
• India Code

ARTICLE WRITTEN BY – Palak Bhuwalka

EDITED BY – Archana Singh