CHHATRAPATI SHAHU JI

MAHARAJ UNIVERSITY KANPUR

ATAL BIHARI VAJPAYEE SCHOOL

SUBMITTED TO:
MR. PRABHAT SINGH
Assistant professor
SUBMITTED BY:
Devesh Yadav
ROLL NO – 07
 Acknowledgment
I would like to express my sincere acknowledgment to my Environmental Law teacher Mr.
Prabhat Singh for providing invaluable guidance and support throughout this project on the
assigned topic “Jurisprudence and its Nature”.

I am deeply grateful to my esteemed principal DR. SHAHSIKANT TRIPATHI for providing us

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeks to replace the Criminal Procedure
Code, 1973 (CrPC). The CrPC provides for the procedure for arrest, prosecution, and bail.

BNSS mandates forensic investigation for offences punishable with seven years of imprisonment
or more. Forensic experts will visit crime scenes to collect forensic evidence and record the
process.

All trials, inquiries, and proceedings may be held in electronic mode. Production of electronic
communication devices, likely to contain digital evidence, will be allowed for investigation,
inquiry, or trial.

If a proclaimed offender has absconded to evade trial and there is no immediate prospect of
arresting him, the trial can be conducted and judgement pronounced in his absence.

Along with specimen signatures or handwriting, finger impressions and voice samples may be
collected for investigation or proceedings. Samples may be taken from a person who has not been
arrested.

Key Issues and Analysis

The BNSS allows up to 15 days of police custody, which can be authorised in parts during the
initial 40 or 60 days of the 60 or 90 days period of judicial custody. This may lead to denial of
bail for the entire period if the police has not exhausted the 15 days custody.

The powers to attach property from proceeds of crime does not have safeguards provided in the
Prevention of Money Laundering Act.

The CrPC provides for bail for an accused who has been detained for half the maximum
imprisonment for the offence. The BNSS denies this facility for anyone facing multiple charges.
As many cases involve charges under multiple sections, this may limit such bail.

The use of handcuffs is permitted in a range of cases including economic offences, contradicting
Supreme Court directions.
The BNSS allows evidence collected by retired or transferred investigating officers to be presented
by their successors. This violates normal rules of evidence when the author of the document can
be cross examined.

Recommendations of high level committees on changes to the CrPC such as reforms in sentencing
guidelines and codifying rights of the accused have not been incorporated in the BNSS.

The Code of Criminal Procedure, 1973 (CrPC) is a procedural law established for the
administration of the Indian Penal Code, 1860 (IPC). It governs the procedure for investigation,
arrest, prosecution, and bail for offences. The CrPC was first passed in 1861 to address the
problem of multiplicity of legal systems in India. Since then it has been revised on multiple
occasions. In 1973, the erstwhile act was repealed and replaced by the existing CrPC, and changes
like anticipatory bail were [Link] was amended in 2005 to add changes such as provisions
for plea bargaining and rights of arrested persons.

Over the years, the Supreme Court has interpreted the CrPC in varied ways and revised its
application. These include: (i) mandating the registration of an FIR if the complaint relates to a
cognisable offence, (ii) making arrests an exception when the punishment is less than seven years
of imprisonment, (iii) ensuring bail for bailable offence is an absolute and in-defeasible right and
no discretion is exercised in such matters.4 The Court has also ruled on procedural aspects such
as establishing guidelines for custodial interrogations and emphasising the importance of speedy
trials. However, the criminal justice system continues to face challenges like case backlogs, trial
delays, and concerns about treatment of underprivileged groups.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was introduced on August 11, 2023 to
replace the CrPC. It amends provisions on bail, expands the scope of property seizure, and alters
powers of police and Magistrates. The Bill has been examined by the Standing Committee on
Home Affairs.

Key Features

The CrPC governs the procedural aspects of criminal justice in India. The key features of the Act
include:
Separation of offences: The CrPC classifies offences into two categories: cognisable and non-
cognisable. Cognisable offences are those in which the police can arrest and initiate an
investigation without a warrant. Non-cognisable offences require a warrant, and in some cases, a
complaint by the victim or a third party.

Nature of offences: The CrPC deals with various types of criminal offences, ranging from traffic
violations to murder. It distinguishes between bailable and non-bailable offences, specifying the
offences for which an accused has the right to bail from police custody.

The BNSS retains most of the provisions of the CrPC. Key changes proposed include:

Detention of undertrials: As per the CrPC, if an accused has spent half of the maximum period
of imprisonment in detention, he must be released on personal bond. This does not apply to
offences punishable by death. The Bill adds that this provision will also not apply to: (i) offences
punishable by life imprisonment, and (ii) persons against whom proceedings are pending in more
than one offence.

Medical examination: The CrPC allows medical examination of the accused in certain cases,
including rape cases. Such examination is done by a registered medical practitioner on the request
of at least a sub-inspector level police officer. The Bill provides that any police officer can request
such an examination.

Forensic investigation: The Bill mandates forensic investigation for offences punishable with at
least seven years of imprisonment. In such cases, forensic experts will visit crime scenes to collect
forensic evidence and record the process on mobile phone or any other electronic device. If a state
does not have forensics facility, it shall utilise such facility in another state.

Signatures and finger impressions: The CrPC empowers a Magistrate to order any person to
provide specimen signatures or handwriting. The Bill expands this to include finger impressions
and voice samples. It allows these samples to be collected from a person who has not been arrested.

Timelines for procedures: The Bill prescribes timelines for various procedures. For instance, it
requires medical practitioners who examine rape victims to submit their reports to the investigating
officer within seven days. Other specified timelines include: (i) giving judgement within 30 days
of completion of arguments (extendable up to 60 days), (ii) informing the victim of progress of
investigation within 90 days, and (iii) framing of charges by a sessions court within 60 days from
the first hearing on such charges.

Hierarchy of Courts: The CrPC establishes a hierarchy of courts for the adjudication of criminal
matters in India. These courts include: (i) Magistrate’s Courts: subordinate courts responsible for
the trial of most criminal cases, (ii) Sessions Courts: presided over by a Sessions Judge and hear
appeals from Magistrate’s Courts, (iii) High Courts: have inherent jurisdiction to hear and decide
criminal cases and appeals, and (iv) Supreme Court: hear appeals from High Courts and also
exercise its original jurisdiction in certain matters. The CrPC empowers the state governments to
notify any city or town with a population of more than one million as a metropolitan area. Such
areas have Metropolitan Magistrates. The Bill omits this provision.
 Bibliography

• IPleaders Blog.

• [Link].

• Wikipedia.

• Scribd