Introduction:

• The central government has introduced three bills in Parliament in August 2023, known as the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya (BS) Bill, 2023.

• These bills aim to replace the existing Indian Penal Code, 1860, the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act, 1872.

Bharatiya Nagarik Suraksha Sanhita (BNSS):

1. Registration of Cognizable Offenses:

• The BNSS includes an explicit provision for the registration of cognizable offenses in any police station, regardless of the area where the offense occurs.
• This formal inclusion may simplify the process of getting cases registered for complainants.

2. Preliminary Inquiry Clause:

• The BNSS introduces a clause allowing for a preliminary inquiry to determine the existence of a prima facie case, even for cognizable offenses punishable with more than three but less than seven years of imprisonment.

• This differs from the Lalita Kumari case’s Supreme Court judgment, which mandated the registration of an FIR for cognizable offenses.

• The differentiation between cases may face constitutional scrutiny and has pros and cons, including potential for compromise or misuse.

3. Arrest Provisions:

• The BNSS retains all provisions of the CrPC regarding arrest, but it does not incorporate the Supreme Court’s Arnesh Kumar judgment on justifying arrests.

• A new clause mandates prior permission from the Deputy Superintendent of Police for arrests of individuals aged over 60 or infirm for offenses punishable with less than three years of imprisonment.

4. Handcuffing:

   – The BNSS permits handcuffing in specific cases such as terrorism, murder, rape, and offenses against the state.

   – The enabling section emphasizes that restraint should only be used as necessary to prevent escape, maintaining the Supreme Court’s guidelines on handcuffing.

At the Scene of Crime:

• Forensic Evidence Collection:
• The BNSS mandates a forensic expert’s visit to the crime scene and the collection of forensic evidence for offenses punishable with more than seven years of imprisonment.
• However, the implementation may depend on state governments’ commitment to develop forensic infrastructure.

• Use of Audio-Video Means:
• The BNSS encourages the use of audio-video means for recording investigation steps and searches, although the reliance on smartphones has limitations.
• A pilot project for videography and photography at police station levels is in progress.

• Two-Finger Test:
• Despite a ban on the two-finger test in rape cases, the BNSS does not explicitly incorporate this ban into the law.
• This could have been an opportunity to legally enforce compliance with the Union Ministry of Health and Family Welfare’s instructions.

• Disclosure of Victim’s Identity:
• The provision allowing authorization to disclose the identity of a minor victim to their next of kin may be omitted, as the Protection of Children from Sexual Offences Act deals exclusively with this issue.

Duration of Police Custody:

Extension of Police Custody:

• The BNSS permits an extension of the period of police custody exceeding 15 days, subject to adequate grounds and after initial detention periods.
• The discretion for this extension remains with the judiciary.

Judicial Inquiry into Suspicious Deaths:

• The BNSS expands the scope of judicial inquiry into suspicious deaths, including dowry deaths, but relaxes the mandatory recording of statements based on individuals’ willingness.

• Concerns exist about potential misuse in cases involving women and children.

 Inquest Procedures:

The inclusion of videography and photography of post-mortems and the creation of spot sketches of crime scenes could improve the quality of investigations.

Conclusion:

While some proposed changes in the BNSS, BNS, and BS Bills are progressive, they are not considered groundbreaking.

It is important to remember that police stations often face challenges such as understaffing, limited mobility, inadequate training infrastructure, and poor housing facilities.

To bring about real reform, comprehensive changes in policing practices and infrastructure are necessary, rather than merely tweaking legal provisions.