Salient features of B N S S 2023 from police perspective

By Praveen Dixit on October 4, 2024

Salient features of B N S S 2023 from police perspective Praveen Dixit, IPS DGP ( Retired)

Significance of BNSS

Replaces Criminal Procedure Code
Applicable throughout India except State of Nagaland and some tribal areas of Assam

Important changes

Appreciating technological innovations, it recognises ‘audio-video electronic means’ which includes any communication device for the purposes of video conferencing, recording of processes, of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes as the State Govt may provide by Rules
‘Electronic communication’ means communication of any written, verbal, pictorial information or video content by an electronic device including a telephone, mobile phone or other wireless telecommunication device or computer/audio-video player/camera
It is victim-centric

Arrest of persons

Details provided in Chapter V
In cognisable offences, police may arrest
To prevent such person from committing any further offence
For proper investigation of the offence
To prevent such person from tampering the evidence
To prevent such person from influencing the witnesses
To ensure presence of such person before the court
In non-cognisable offence, police shall not arrest a person against whom the complaint is made, without warrant or order of a Magistrate

Precautions in arresting

Police officer who makes arrest, will bear an accurate, visible, and clear identification of his name
Prepare a memorandum which will be countersigned by the person arrested
Inform the person arrested that he has a right to have a relative or a friend or any other person named by him to be informed
Details of arrested persons including their names, addresses, nature of the offence shall be prominently displayed in any manner including digital mode in every police station and district headquarters
Search of female will be made another female decently

Examination of arrested person

Arrested person shall be examined by registered medical practitioner
Examination shall include examination of blood stains, semen, swabs, in case of sexual offences, sputum, and sweat, hair r samples, and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which are considered necessary.
If a registered medical practitioner from government hospital is not available in the radius of sixteen kilo meters, examination may be done by any registered medical practitioner
If female is arrested, she will be examined under the supervision of female medical officer/female registered medical practitioner

Summons

Summons can be in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature
Summons bearing the image of the Court’s seal can be served by electronic communication in such form and in such manner , as the State Government may, by rules, provide

Utilising Forensic experts

Sec 176:Offences which are punishable for seven years or more, forensic expert shall visit the crime scene to collect forensic evidence and cause videography of the process on mobile phone or any other electronic device.
Sec 179: During investigation, recording of the statement of male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be done at residence of such person.
Statements of witnesses may also be recorded by audio-video electronic means

Detention period

Sec 187:If the investigation cannot be completed in twenty –four hours, and if the accused is not released on bail, authorise, from time to time, detention in custody for a term not exceeding fifteen days in the whole or in parts during initial forty days
Magistrate may authorise detention of the accused for a period of ninety days in offences punishable with life imprisonment or a term of ten years or more
And for sixty days where investigation relates to any offence
Police custody may be extended only when person is produced in person. But judicial custody can be extended even through audiovideo electronic means

Diary of proceedings in investigation

Sec 192: In every investigation, police shall maintain a diary, which will mention timing when investigation started,, closed, places visited and statement of the circumstances
Diary shall be paginated.
Neither the accused nor his agent is entitled to call for such diaries nor can they see this
On completion of investigation, police shall forward a report and other documents including by electronic communication to the Magistrate who will provide these to the accused.
Progress to be informed within ninety days including by electronic communication to the informant or the victim

Death, rape in police custody

Further investigation may be conducted with the permission of the Court.
Sec 196: when a person in police custody or any other custody dies or disappears, or rape is alleged empowered Magistrate may hold an inquiry into the cause of death and rape either instead of ,or in addition to, the investigation held by the police officer
When such enquiry is conducted, Magistrate shall allow relatives to remain present at the inquiry
Relative means parents, children, brothers , sisters and spouse.

Trial and proceedings to be held in electronic mode

Issuance, service and execution of summons and warrant;
Examination of complainant, and witnesses;
Recording of evidence in inquiries and trials; an
All appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means

References