Key points of Bharatiya Nagarik Suraksha Sanhita that will replace CrPC
New Delhi, Dec 20 (PTI) Following are the key points of the new criminal bill Bharatiya Nagarik Suraksha (Second) Sanhita passed by Lok Sabha on Wednesday.
It will replace the Code of Criminal Procedure Act-1898.
Major Changes: *Magistrate's power to impose fine is increased *Scope of declaring proclaimed offender is increased. Earlier only 19 offences were included which did not include rape cases and now all offences having punishment for 10 years or more are included.
* Arrest of offences with punishment of less than three years offence with the prior approval of the senior police officers.
*15 days police custody is allowed for the first 40/60 days of the detention period and this will not be a ground for refusal of bail.
* Procedure for forfeiture and attachment of proceeds of crime is introduced *In-absentia trial introduced and it will be upto the delivery of judgment *Zero FIR throughout the country introduced *Electronic lodging of FIR introduced *Preliminary Inquiry is introduced in offences punishable from 3 years to less than 7 years *Forensic aid in investigation introduced *Provision for investigation of serious offence by DSP level police officer introduced *Meaning of bail has been simplified throughout the BNSS *First time undertrial is provided early release on bail *Bail in acquittal cases is simplified *First time offender to be given relaxed punishment (one-fourth and one- sixth of such punishment) in plea bargaining.
* Timeline has been prescribed in many procedures and processes like- committal, discharge etc.
* Audio video electronic means used for many processes and procedures to enhance transparency, accountability and speedy justice - like recording of evidence of witness, deposition of evidence by police officer, evidence of accused, evidence of public servant, scientific expert or medical officer, pronouncement of judgment etc.
*Scope of summary trial increased *Videography of search and seizure is introduced *Mercy petition related procedure is introduced *Witness protection scheme is introduced *Victim's right related provisions are introduced - Definition of 'victim' expanded, police officer to inform victim/informant about progress in investigation etc.
*Provision for not more than two adjournments introduced *Public servant is protected against false/frivolous cases *Deemed sanction provision is introduced *The office of Directorate of Prosecution is made more effective *Handcuffing is introduced for heinous offences *Notice for appearance proforma introduced Evidence of public servant and experts are allowed through audio-video means * In 35 places audio-video electronic/ videography means are introduced to infuse transparency and accountability in delivery of justice *In 35 places timeline is introduced to provide speedy delivery of justice. PTI
