Bharatiya Nagarik Suraksha Sanhita, 2023

1. Bharatiya Nagarik Suraksha Sanhita, 2023 will repeal the Code of Criminal Procedure, 1973. The Code provides for the procedure for arrest, prosecution, and bail for offences under various Acts, including the Indian Penal Code, 1860. Background

   • CrPC was first enacted in 1882 by the British Parliament and has undergone several amendments, most importantly in 1898, 1923 and 1955.

   • The Law Commission of India, in its 41st report, recommended a significant revision of the code, which led to the creation of CrPC 1973. Major Provisions of the Bill

   • Detention of Undertrials: First-time offenders will be released on bail if they have completed detention for one-third of the maximum imprisonment for an offence.

   • Trials in electronic mode: All trials, inquiries and proceedings can be held in electronic mode.

   • Medical examination of the accused: Any police officer can request for medical examination of the accused in certain cases, such as rape.

   • Forensic investigation: It mandates forensic investigation for offences punishable with at least seven years of imprisonment. o Ifastatedoesnothaveaforensicsfacility,itshallutilisesuchfacilityinanotherstate.

   • Signature and finger impressions: It allows for the collection of specimen signatures, handwriting, finger impressions and voice samples from any person, whether arrested or not.

   • Timelines: It prescribes timelines for various procedures such as giving judgment, informing victims of the progress of the investigation and framing of charges.

   • Trial in the absence of offender: It provides for the conduct of trial and pronouncement of judgment in the absence of a proclaimed offender. Proclaimedoffenderreferstoapersonwhoisaccusedofanoffencepunishablewithimprisonmentofatleast10 years or death and fails to appear at a specified time and place as specified by a Court.

   • Stopping political waiver of punishments: The bill adds that death sentences can only be converted to life imprisonment and life imprisonment can be pardoned only within seven years of punishment.