Bharatiya Nyaya Sanhita 2023 Reforms

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

Summoning, Search and Seizure Related Reforms

• 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

Prosecution Related Reforms

• 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.

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.