THE BHARATIYA NAGARIK SURAKSHA

SANHITA, 2023

[REPLACING CODE OF CRIMINAL PROCEDURE, 1973]

[Act No. 46 of 2023]

[25^th December, 2023]

An

Act

to consolidate and amend the law relating to Criminal Procedure.

Be it enacted by Parliament in the Seventy-fourth year of the Republic of India as follows

Statement of objects and reasons

1. The code of criminal Procedure, 1973 regulates the procedure for arrest, investigation, inquiry and trial of offences under the Indian Penal Code and under any other law governing criminal offences. The Code provides for a mechanism for conducting trials in a criminal case. It gives the procedure for registering a complaint, conducting a trial passing an order, and filing an appeal against any order.

2. Fast and efficient justice system is an essential component of good governance. However, delay delivery of justice due to complex legal procedures, large pendency of cases in the courts, low conviction rates, insufficient use of technology in legal system, delays in investigation system, inadequate use of forensics are the biggest hurdles in speedy delivery of justice, which impacts the poor man adversely. In order to address these issues a citizen’s centric criminal procedure is the need of the hour.

3. The experience of seven decades of Indian democracy calls for a comprehensive review of our criminal laws, including the code of criminal Procedure and adapt them in accordance with the contemporary needs and aspirations of the people.

4. The Government with the mantra, “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” is committed to ensure speedy justice to all citizens in conformity with these constitutional and democratic aspirations. The Government is committed to make a comprehensive review of the framework of criminal laws to provide accessible and speedy justice to all.

5. In view of the above. It is proposed to repeal the code of criminal Procedure, 1973 and enact a new law. It provides for the use of technology and forensic sciences in the investigation of crime and furnishing and lodging of information, service of summons, etc., through electronic communication. Specific time-line have been prescribed for time bound investigation, trial and pronouncement of judgements, citizen centric approach have been adopted for supply of copy of first information report 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.

6. Accordingly, a Bill, namely, the Bharatiya Nagarik Suraksha Sanhita, 2023 was introduced in the Lok Sabha on 1th August, 2023. The Bill was referred to the Department related Parliamentary Standing Committee on Home Affairs for its consideration and report. The committee after deliberations made its recommendations in its report submitted on 10^th November, 2023. The recommendations made by the committee have been considered by the Government and it has been decided to withdraw the Bill pending in the Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the committee that have been accepted by the Government.

7. The notes on Clauses explain the various provision of the Bill.

8. The Bill seeks to achieve the above objectives.