Ratanlal and Dhirajlal - The Bharatiya Nagarik Suraksha Sanhita, 2023 (2 Volume Set)

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Description
The Criminal Procedure Code, 1973 came into force on 1 April 1973. Since then, for more than five decades it regulated the procedure for arrest, investigation, inquiry and trial of offences under the Indian Penal Code and other laws governing criminal offences. The Code provided for a mechanism for conducting trials in criminal cases. It also laid down the procedure for registering a complaint, conducting trial, passing an order and filing an appeal/revision against any order.
Delay in delivery of justice due to complex legal procedure, large number of pending cases in both trial and appellate courts, low conviction rates, insufficient use of technology in legal system, delay in investigation of cases, and inadequate use of forensics proved to be hurdles in speedy delivery of justice. This compelled the Government for a comprehensive review of our Criminal Laws viz. the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 in accordance with the contemporary needs and aspirations of the people. Accordingly, these three Major Acts have been repealed and replaced by new Acts namely: The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) (BNS, 2023), The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) (BNSS, 2023) and The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) (BSA, 2023).
In the new BNSS, 2023, there is no fundamental change, the procedure and principles relating to filing FIR, investigation, Trial before Magistrate, Sessions Judges, bail, appeal, reference and revision are the same. However, the new BNSS, 2023 provides for the use of technology and forensic sciences in the investigation of crime and furnishing and lodging of FIR, service of summons, etc., through electronic communication. Specific timelines have been prescribed for time bound investigation, trial and pronouncement of judgments. Citizen centric approach has been adopted for supply of copy of the FIR to the victim and to inform them about the progress of investigation, including by digital means. In cases where punishment is 7 years or more, the victims shall be given an opportunity of being heard before withdrawal of the case by the Government. Summary trial has been made mandatory for petty and less serious cases. The accused persons may be examined through electronic means, like video conferencing. The magisterial system has also been streamlined.
Section 197 of CrPC/Section 218 of BNSS envisage provisions for sanction for prosecution of Judges and public servant. Earlier no time limit was provided in the CrPC for granting prosecution sanction, the result was that in some cases the public servant retired but the matter of prosecution sanction remained pending with the Government. To remove this lacuna now second proviso to Section 218(1) BNSS provides that if the prosecution sanction is not received from the Government within a period of one hundred and twenty days, the sanction shall be deemed to have been accorded by the Government.
Section 398 of BNSS, 2023 envisage provision for Witness Protection Scheme. Every State Government shall frame witness protection scheme to ensure protection of witnesses.
Section 472 of BNSS, 2023 has been added to provide time bound disposal of mercy petitions filed by convic- under the sentence of death. There are so many good features/provisions in the BNSS, 2023 for ensuring fair and just trial of the cases.
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Table of Contents
Chapter 1. Preliminary
Chapter 2. Constitution of Criminal Courts and Offices
Chapter 3. Power Of Courts
Chapter 4. Powers of Superior Officers of Police and AID to the Magistrates and the Police
Chapter 5. Arrest of Persons
Chapter 6. Process to Compel Appearance
Chapter 7. Processes to Compel the Production of Things
Chapter 8. Reciprocal Arrangements for Assistance in Certain Matters and Procedure of Property
Chapter 9. Security for Keeping the Peace and for Good Behaviour
Chapter 10. Order for Maintenance of Wives, Children and Parents
Chapter 11. Maintenance of Public Order and Tranquality 
Chapter 12. Preventive Action of the Police
Chapter 13. Information to the Police and their Powers to Investigate
Chapter 14. Jurisdiction of the Criminal Courts in Inquiries and Trials
Chapter 15. Conditions Requisite for Initiation of Proceedings
Chapter 16. Complaints to Magistrates
Chapter 17. Commencement of Proceedings before Magistrates
Chapter 18. The Charge
Chapter 19. Trial Before a Court of Session
Chapter 20. Trial of Warrant - Cases by Magistrates
Chapter 21. Trial of Summons - Cases by Magistrates
Chapter 22. Summary Trials
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Author Details