Bharatiya Nagarik Suraksha Sanhita

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Bharatiya Nagarik Suraksha Sanhita
Parliament of India
  • A Bill to consolidate and amend the law relating to Criminal Procedure.
CitationBill No. 122 of 2023
Territorial extent India
Passed byLok Sabha
Passed20 December 2023
Passed byRajya Sabha
Passed21 December 2023
Assented to byPresident of India
Assented to25 December 2023
Legislative history
First chamber: Lok Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Introduced byHome Minister, Amit Shah
Introduced12 December 2023
Committee responsibleScrutiny Panel of the Parliament
Passed20 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Second chamber: Rajya Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
Received from the Lok Sabha20 December 2023
Member(s) in chargeHome Minister, Amit Shah
Passed with amendments21 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers21 December 2023
Repeals
Criminal Procedure Code
Related legislation
Bharatiya Nyaya Sanhita and Bharatiya Sakshya Act, 2023
Status: Unknown

The Bharatiya Nagarik Suraksha Sanhita (IAST: Bhāratīya Nāgarik Surakśa Saṃhitā; lit. 'Indian Civil Protection Code'), is the main legislation on procedure for administration of substantive criminal law in India.[1][2][3]

Background and timeline[edit]

On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha.[4][5][6]

On 12 December 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was withdrawn.

On 12 December 2023-2024, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was introduced in Lok Sabha.[7]

On 20 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Lok Sabha.[8]

On 21 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Rajya Sabha.

On 25 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 has received the assent of the President of India.[9]

Changes[edit]

The BNSS makes a number of changes to the CrPC, including:

  • Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC.[10]
  • Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial. Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.[11]
  • Improving the efficiency of the criminal justice system: The BNSS seeks to improve the efficiency of the criminal justice system by streamlining procedures and reducing delays.[12]

The following are some of the key changes made in the BNSS:

  • Arrest: The BNSS expands the grounds for arrest and allows for arrest without a warrant in a wider range of cases.
  • Bail: The BNSS makes it more difficult for the police to oppose bail and allows for bail in a wider range of cases.
  • Investigation: The BNSS gives the police more powers to investigate crimes and requires them to complete investigations within a specified time period.
  • Trial: The BNSS streamlines the trial process and requires courts to dispose of cases within a specified time period.

See also[edit]

References[edit]

  1. ^ "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". The Hindu. 11 August 2023.
  2. ^ "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". The Times of India. 11 August 2023.
  3. ^ ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV. 11 August 2023.
  4. ^ "Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'". India Today. 11 August 2023.
  5. ^ "Parliament session: Will repeal offence of sedition, says Amit Shah as he introduces 3 bills to overhaul justice system". LiveMint. 11 August 2023.
  6. ^ "The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained". NDTV. 11 August 2023.
  7. ^ "The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023" (PDF).
  8. ^ Das, Awstika (20 December 2023). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". Live Law. Retrieved 20 December 2023.
  9. ^ Shemin Joy. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 13 February 2024.
  10. ^ "Scan on detention of accused person in police custody for staggering period of up to 90 days". Telegraph India. 21 December 2023.
  11. ^ "Right of arrested person to meet an advocate of his choice during interrogation. Person arrested to be informed of grounds of arrest and of right to bail. Examination of arrested person by medical officer" (PDF). prsindia.org. 13 December 2023.
  12. ^ "Revised criminal law bills: Key changes explained". The Hindu. 18 December 2023.
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