Bharatiya Nyaya Sanhita 2023 Reforms

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Questions and Answers

What is the primary purpose of the Witness Protection Scheme as mandated by the new regulations?

To ensure witnesses testify without compensation

To expedite the court process for witnesses

To protect witnesses from fear or duress (correct)

To provide immunity from prosecution for witnesses

What is the maximum time allowed for the pronouncement of judgment in a criminal court after the termination of trial?

45 days (correct)

90 days

60 days

30 days

What technological advancement is highlighted in the new reforms regarding witness testimony?

Live streaming of court hearings to the public

Mandatory recording of all court proceedings

Deposition via audio-video electronic means (correct)

Use of virtual reality for testimonies

What does the introduction of technology in policing include regarding the submission of police reports?

Police reports can be submitted electronically. Signup and view all the answers

How long is the notice period for a complaint to appear in a summons case?

30 days Signup and view all the answers

What major change in the prosecution has been introduced by Section 20 of the regulations?

Creation of a comprehensive Directorate of Prosecution Signup and view all the answers

Which changes were made regarding the consolidation of offenses against women and children?

They have been consolidated under a single chapter. Signup and view all the answers

How has the concept of a 'proclaimed offender' changed in the recent reforms?

It now includes in absentia trials. Signup and view all the answers

In terms of timeline, what is the maximum time allowed for the committal of a case under the new regulations?

90 days, extendable to 180 days Signup and view all the answers

What significant amendment has been made concerning summary trials?

Summary trials are mandatory for a limited set of offenses Signup and view all the answers

What was emphasized in the regulations for the disposal of case property during investigations?

Property statement must be prepared within 14 days after documenting it. Signup and view all the answers

Which technological measure is now mandatory during the search and seizure process?

Audio-video recording of the search process. Signup and view all the answers

How does the new legal framework address offenses specifically against women?

By mandating faster trials and ensuring victim participation Signup and view all the answers

What age-related legal reform has been introduced in the context of new offenses?

Different penalties are prescribed based on age. Signup and view all the answers

What requirement is introduced for the police when conducting a search without a warrant?

Record the grounds for belief in the case diary. Signup and view all the answers

Which of the following is NOT a feature of the general reforms introduced in summoning processes?

Summoning witnesses must occur in person only. Signup and view all the answers

What new technological provision has been introduced to aid police investigations?

Lodging information through electronic communication (e-FIR) Signup and view all the answers

In cases of offences against women, who is now required to record the victim's statement?

A woman Magistrate if available, or a male Magistrate in the presence of a woman Signup and view all the answers

What does the Zero FIR provision allow the police to do?

Record offences outside the police station's jurisdiction Signup and view all the answers

How must the police communicate the progress of an investigation to the victim?

Within 90 days using any valid mode of communication Signup and view all the answers

What significant gender-related change has been implemented in regards to service of summons?

Gender neutrality has been introduced for summons service Signup and view all the answers

Who can now be included in proceedings for an order of maintenance?

Both father and mother Signup and view all the answers

Which of these options is NOT a characteristic of the changes affecting women?

Zero FIR provision applicable only to crimes against women Signup and view all the answers

What legal framework change allows victims immediate access to FIR copies?

Right to a free copy of FIR without delay Signup and view all the answers

Study Notes

General Reforms Introduced

House arrest is no longer an option for detention, only police custody at a station or judicial custody in prison
The Central or State government can declare any location to be classified as a prison

Changes Affecting Women

Offences against women and children have been consolidated under Chapter-V of the Bharatiya Nyaya Sanhita, 2023
This chapter removes difficulties experienced in the CrPC when dealing with parents, specifically the location for initiating legal proceedings with regards to their sons

Electronic communication devices are now included as devices that can be summoned to produce documents
Video recording of the search and seizure process is mandatory, including the preparation of a list of seized items
Police are now enabled to attach and forfeit any property obtained as proceeds of crimes with permission from the court

Search Without Warrant

Police conducting a search are required to record the grounds for doing so in the ‘case-diary’ under section 185(1)
All searches must be recorded through audio-video electronic means as per section 185(2)
The police officer must send copies of the search record to the nearest Magistrate within 48 hours under section 185(5)

Disposal of Case Property

Section 497 allows for the quick disposal of case properties during the investigation. The court must prepare a statement of the property within 14 days of it being photographed/videographed
Magistrates can now take cognizance of any offence, upon receiving a police report electronically
The process of summoning maintains a register in the police station and the court to keep the address, email address, and phone number of the person summoned

Proclaimed Offender

The definition of a 'proclaimed offender' has been broadened
This includes the forfeiture and attachment of property, and the ability to have a trial in absentia

Introduction of Technology

Police reports can be submitted electronically, simplifying the process
Copies of documents can be supplied electronically to the accused
Witnesses' evidence can be deposited through audio-video electronic means at a designated state-government notified location
Successors-in-office can deposit evidence through audio-video electronic means

Introduction of Timeline

The police report and other essential documents must be supplied within 14 days
Cases must be committed within 90 days, extendable to up to 180 days
Discharge applications must be filed within 60 days
Changes must be framed within 60 days
Complaint cases have a 30 day notice for appearance

Introduction of Discharge in Summons Cases

Summary trials are now mandatory for a limited set of offences, expanding the magistrate's power to try cases punishable with up to 3 years of imprisonment summarily

A comprehensive Directorate of Prosecution is established under Section 20
This includes a District Directorate of Prosecution, a first of its kind
The Director of Prosecution is responsible for advising on filing appeals and monitoring cases that carry a 10-year minimum sentence, life imprisonment, or death penalty

Changes in Information to the Police and their Powers to Investigate

Section 173(1) introduces the Zero FIR, allowing information about an offence outside police station limits to be recorded
The process of lodging information through electronic communication (e-FIR) is added, requiring the signature of the informant within 3 days of the e-FIR being recorded
Section 173(2) introduces the victim’s right to get a free copy of the FIR immediately

Police Report and Supply of Documents

Section 193(3) (ii) makes it mandatory for the police officer to inform the informant or victim of the investigation’s progress within 90 days. This can be done through technological communication

Process to Compel Appearance

Section 66 introduces gender neutrality in summons service. Any adult family member can now serve a summons on behalf of the person summoned, removing the previous requirement for an "adult male member"

Changes in Order for Maintenance of Wives, Children and Parents

Section 145 includes both father and mother in maintenance proceedings, enabling both parents to seek maintenance from the place where the dependent parent resides

Introduction of Witness Protection Scheme

Section 398 mandates that every state government prepare and notify a witness protection scheme
The necessity for a comprehensive witness protection scheme is underscored by the Malimath Committee and various Law Commission Reports
In Mahendra Chawla v UOI, the Witness Protection Scheme 2018 (draft) was approved by the Supreme Court

General Provisions as to Inquiries and Trials

Section 360 requires the court to provide the victim with an opportunity to be heard before withdrawing prosecution
Section 392 states that the judgment must be pronounced within 45 days of the trial’s termination
The court must upload the judgment on its portal within 7 days of pronouncing it
An accused in custody can be brought to hear the judgment through audio-video electronic means
Section 176(1) Second Proviso: To enhance protection for rape victims and ensure investigative transparency, the victim's statement must be recorded through audio-video means by police.
Section 183(6)(a) Proviso 1: For certain offences against women, the victim's statement should be recorded by a woman Magistrate, or in her absence, by a male Magistrate in the presence of a woman.
Section 183(6)(a) Proviso 2: Magistrates are now required to record statements of witnesses in cases involving certain offences against women punishable with imprisonment for ten years or more, life imprisonment, or death.

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Description

Explore the significant reforms introduced in the Bharatiya Nyaya Sanhita, 2023. This quiz covers key changes in detention policies, women and children's rights, and enhancements in search and seizure procedures. Test your knowledge on how these reforms impact legal processes and law enforcement.