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Bharatiya Nagarik Suraksha

From OakBridge Publishing Pvt. Ltd.
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Author :Bharatiya

Publisher :OakBridge Publishing Pvt. Ltd.

SKU :OBP79

Format :Paperback

HSN No :49011010

Country Region :India

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Description

???? Key Objectives & Structural Shifts

  • Streamline justice: Set clear timelines, minimize procedural delays, and use digital tools (e‑FIRs, video hearings, AI-enabled forensic systems).

  • Victim‑centric justice: Introduces mandatory victim information sharing, compensation, and witness protection.

  • Consolidated legislation: Repeals multiple CrPC provisions and simplifies the legal framework. 


⚖️ Procedural Innovations

???? Zero FIR

  • Section 173 mandates registration of a "Zero FIR" for cognisable offences (3–7 years imprisonment) at any police station, regardless of jurisdiction. The case is then transferred to the appropriate station.

????️ Forensic & Technology Integration

  • For offences punishable by 7+ years, forensic evidence collection is mandatory; crime scene experts must document digitally. Trials can proceed electronically, including remote witness testimonies.

⏱ Court‑mandated Timelines

  • Key deadlines include:

    • Medical report submission within 7 days in rape cases.

    • Accused must receive copies of documents within 14 days.

    • Charges framed within 60 days, judgements delivered within 30 days (extendable to 60).

    • Investigation status updates to victims every 90 days.

???? Custody & Bail Rules

  • Maximum police custody is 15 days, which can be split across an overall 60‑day (ordinary offences) or 90‑day (serious offences) period.

  • Bail is restricted for individuals facing multiple charges or repeated cases; anticipatory bail rules are tightened.

???? Plea Bargaining

  • Retained but limited: only sentence bargaining, and must be filed within 30 days after charges are framed.


???? Victim Rights & Safeguards

Victim Information & Compensation

  • Victims are entitled to:

    • Free FIR copies and related documents.

    • Periodic updates on investigation status.

    • Compensation via court orders or structured victim‑compensation schemes.

Witness Protection

  • Section 398 mandates each state to notify a formal Witness Protection Scheme, offering security, relocation, confidentiality, or identity change where needed.

???? Expanded Police Authority & Safeguards

  • Search & seizure must be documented via mandatory video recording and inventory listsSeizure of immovable property allowed if tied to alleged proceeds of crime. Proclaimed offenders can be tried in absentia after a 90‑day wait.

  • Magistrates may demand signatures, fingerprints, or voice samples even from non-arrested individuals.


???? Rights of the Accused

  • Arresting officers must immediately communicate to the accused the full grounds of arrest and their right to consult a lawyer. Medical examination must follow promptly.

  • Use of audio‑video technology is mandated for charge explanations and courtroom proceedings.


⚖️ Notable Criticisms & Concerns

  • Critics highlight increased police powers and limited bail provisions, potentially undermining civil liberties.

  • Some observers raise alarms over potential misuse of anti‑terrorism definitions and removal of legal aid at arrest


???? At a Glance: Key Features

Feature Summary
Zero FIR FIR possible anywhere regardless of crime scene jurisdiction
Forensic & Tech-use Mandatory forensic collection; e-FIRs, video trials, AI tools
Timelines Strict deadlines for medical reports, charges, judgements, updates
Custody & Bail Short-term custody; bail restricted for repeat/multiple offenses
Witness Protection State‑mandated schemes under Section 398
Victim Compensation Court awards or structured victim schemes available
Expanded Police Powers Seizure of immovable assets; in‑absentia trials; specimen gathering
Legal Safeguards Right to lawyer, immediate offense info, medical exams for arrested

✅ Bottom Line

The BNSS mobile-grenade transforms India’s criminal justice landscape by combining technology, timelines, and victim safeguards in a citizen-centric framework. While promising improved efficiency, transparency, and accountability, its expanded police authority and tighter bail restrictions warrant vigilance and robust implementation oversight.

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Content

???? Purpose and Objective

The BNSS aims to modernize and Indianize the criminal procedure system by:

  • Ensuring citizen-centric justice.

  • Enforcing timely investigation, trial, and judgment.

  • Promoting digital transformation in law enforcement and judiciary.

  • Enhancing victim rights, accountability, and transparency.


?? Key Features

1. Digital and Technological Reforms

  • e-FIRs and electronic communication of summons.

  • Video recording of search and seizure operations is mandatory.

  • Remote testimonies, digital evidence submissions, and virtual trials permitted.

  • Integration of forensic teams for serious offences (7+ years punishment).

2. Timeline-Oriented Justice

  • Charge framing must be completed within 60 days of the first hearing.

  • Judgments must be delivered within 30 days of the conclusion of trial (extendable to 60).

  • Medical reports in sexual offence cases to be submitted within 7 days.

  • Investigation updates must be given to victims every 90 days.

3. Custody and Bail Reforms

  • Police custody can be spread out over the entire 60/90-day period (instead of fixed 15 days).

  • Bail is more restrictive for repeat offenders and under certain special laws.

  • Anticipatory bail provisions are limited in sensitive cases.

4. Victim-Centric Provisions

  • Right to:

    • Receive copies of FIRs and reports.

    • Get regular updates on case status.

    • Obtain compensation and protection under state schemes.

  • Witness protection scheme mandated under Section 398.

5. Zero FIR

  • Any police station must register a cognizable offence (punishable between 3–7 years) regardless of jurisdiction. It is later transferred to the correct police station.

6. In-Absentia Trials

  • Accused declared absconding can now be tried in their absence after 90 days.

7. Procedural Safeguards for Accused

  • Accused must be:

    • Informed immediately of grounds of arrest.

    • Allowed to contact a lawyer.

    • Medically examined upon arrest.

    • Protected during video-recorded interrogations and court processes.

8. New Powers for Police & Magistrates

  • Voice samples, handwriting, fingerprint collection allowed even without arrest.

  • Seizure of immovable property possible when tied to a crime.

  • Search and seizure to be digitally documented.


????? Structure

The BNSS consists of:

  • 531 Sections (increased from CrPC’s 484)

  • Organized under multiple chapters including Arrest, Bail, Trial, Sentencing, Appeal, and Execution of Sentences.


? Concerns & Criticism

  • Expanded police powers may raise civil liberty concerns.

  • Bail limitations may affect access to justice.

  • Some fear potential misuse without strong oversight.

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Bharatiya Nagarik Suraksha

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