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Sarkar COMMENTARY ON THE BHARATIYA NAGARIK SURAKSHA SANHITA

From Sweet & Soft Publications
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Author :Sarkar

Publisher :Sweet & Soft Publications

ISBN No :978-9392769726

SKU :SSP165

Edition :6th edition 2025

Format :Hardbound

HSN No :49011010

Volumes :2

Country Region :India

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Description

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

(India’s New Code of Criminal Procedure)

Description

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Code of Criminal Procedure (CrPC), 1973, which had governed criminal procedural law in India for five decades. The BNSS aims to deliver faster, transparent, and citizen-centric justice, making significant reforms in the way criminal justice is administered.

This legislation lays down the procedure for investigation, arrest, bail, trial, and sentencing, ensuring that justice is both effective and timely.


Key Highlights

  • ???? Time-Bound Investigation & Trial

    • Investigation to be completed within 90 days.

    • Trial to be concluded within 45 days of charge framing.

  • ???? Electronic Communication & Digital Processes

    • FIRs, chargesheets, summons, and warrants can be sent digitally.

    • Statements of witnesses and accused can be recorded via video conferencing.

  • ???? Zero FIR & Victim Empowerment

    • FIR can be registered at any police station, irrespective of jurisdiction.

    • Stronger rights and support mechanisms for victims and witnesses.

  • ???? Forensic Mandate

    • In serious crimes (punishable with 7+ years), forensic investigation is mandatory.

  • ???? Community Service as Punishment

    • Introduced for minor offences, promoting reform over incarceration.

  • ???? Citizens' Rights and Police Accountability

    • Custodial procedures include videography of searches, seizures, and arrests.

    • Accused and victims have greater procedural transparency and legal safeguards.


Commentary

1. Citizen-Centric Criminal Procedure

The BNSS is a people-first legal reform. It prioritizes speedy justice, transparency, and technological integration, addressing long-standing delays and inefficiencies in criminal trials.

2. Modernization & Digitization

By enabling digital filing, e-summons, and remote hearings, the BNSS brings criminal procedures into the digital era, making justice more accessible to common citizens, especially in remote and rural areas.

3. Empowerment of Victims

The new provisions give greater voice and protection to victims, including updates on case progress, ensuring they are not sidelined once the FIR is registered.

4. Focus on Accountability

Mandatory videography during arrests and searches is a major step in preventing abuse of power by law enforcement agencies. It introduces transparency and trust into criminal procedures.

5. Challenges

  • Implementation will require extensive training for police, prosecutors, and judiciary.

  • Digital infrastructure must be upgraded nationwide for seamless adoption.

  • There’s a need to monitor the use of digital tools to avoid misuse or breaches of privacy.

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Content

Bharatiya Nagarik Suraksha Sanhita, 2023

(New Code of Criminal Procedure)

Overview

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Criminal Procedure Code (CrPC), 1973, with the objective of creating a faster, transparent, and citizen-friendly justice system. This law governs how crimes are reported, investigated, tried, and punished in India.


Key Highlights

  • ???? Time-Bound Process

    • Investigation to be completed within 90 days.

    • Judgments to be delivered within 45 days after the conclusion of trial.

  • ???? Digital & E-Governance Integration

    • FIRs, summons, warrants, and case updates can be handled electronically.

    • Video conferencing for witness testimonies, statements, and court appearances.

  • ???? Zero FIR System

    • Victims can register an FIR at any police station, regardless of jurisdiction.

  • ???? Mandatory Forensic Investigation

    • For crimes with punishment of 7+ years, forensic assistance is compulsory.

  • ???? Community Service

    • Introduced as a non-custodial sentence for certain minor offences.

  • ???? Greater Victim Rights

    • Victims get regular updates on investigation and trial status.

  • ???? Transparency in Police Action

    • Videography of search, seizure, and arrest operations is now mandatory.


Significance

  • ? Faster Justice Delivery: Clear deadlines reduce pendency and delay.

  • ? Tech-Friendly Legal System: Integrates digital tools for ease and accessibility.

  • ? Enhanced Police Accountability: Built-in safeguards against misuse of power.

  • ? Empowered Citizens: Victims and accused both receive improved legal protections.


Challenges

  • ?? Digital Infrastructure: Nationwide rollout depends on tech-readiness of police and courts.

  • ?? Training & Capacity Building: Personnel need to be trained in digital tools and forensic methods.

  • ?? Privacy & Data Security: Strong safeguards required to protect digital rights of individuals.

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Product Summary

Sarkar COMMENTARY ON THE BHARATIYA NAGARIK SURAKSHA SANHITA

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