The Salient Features of BNSS

## The Salient Features of the BNSS The BNSS is part of India's effort to modernize and transform its criminal justice system. It aims to focus on improving the efficiency, transparency, and fairness of criminal justice processes. Here are the salient features: ### Modernized Legal Framework The...

## The Salient Features of the BNSS The BNSS is part of India's effort to modernize and transform its criminal justice system. It aims to focus on improving the efficiency, transparency, and fairness of criminal justice processes. Here are the salient features: ### Modernized Legal Framework The BNSS updates and streamlines legal processes of criminal law to address the challenges of modern society. Aims to streamline long legal processes, reduce delays and make the criminal justice system more responsive to the needs of citizens. ### Efficiency is Criminal Procedural One of the primary goals of the BNSS is to expedite criminal procedures, ensuring faster delivery of justice. It introduces stricter timelines for investigation, trials, and appeals, reducing the backlog of cases in the judiciary. ### Enhanced Victim Rights and Support The BNSS emphasizes the rights of victims, providing better support and protection during the criminal process. This includes provisions for victim compensation, protection from victim intimidation and ensuring their participation in the legal processes. ### Technological Integration The BNSS incorporated provisions for the use of modern technology in criminal Justice, such as digital evidence management, electronic filing, complaint, audio-video record at the investigation and video conferencing for count proceedings. ### Updated Investigation and Prosecution Process The BNSS introduces clear guidelines for evidence collection, investigation timelines and the responsibilities of Public Prosecutors, ensuring a more coordinated approach to criminal investigation. ### Special Provisions for Certain Crimes The BNSS includes special procedures for dealing with specific types of crimes, such as organized crime, cybercrime, and crimes against women and children. These provisions ensure that such offenses are handled with the required sensitivity and expertise. ### Accountability and Transparency The BNSS introduces measures to increase accountability and transparency within the criminal justice system. This includes oversight mechanisms for law enforcement agencies, transparency in the investigation and prosecution process. ## The Evidentiary Value of FIR The evidentiary value of existence FIR is very important than any other statements during the process of cognizance of any case offense or at the time of initiating the investigation about information recorded as per sections 173 and 174 of BNSS. But at the same time, we established principle of law that FIR cannot be assumed as a substantive piece of evidence and can only be considered an important piece of evidence. The reason for which FIR is regarded as an important piece of evidence is because of its nature that it is the first information of the cognizance of any offense, and it can be very important nature as it will help in the initiation of investigation about the offense. In Pandunay Chandra Minatora Vs State of Maharastrea, It was seen that FIR is not substantial evidence, piece of evidence and it can be used only to impeach the credibility and trustworthiness of any testimony recorded by the maker and it cannot be used for the purpose of contradicting or the testimony of other witnesses. An FIR can be considered as substantial evidence only in the following scenarios: * When declaration is made by the person who is dead. * When an incident took place in the presence of the station house officer and the present makes the statement to the officer. * When the informant does not remember the facts but is certain about the facts stated within 24 hours of FIR. * For corroboration purpose, it cannot be ignored altogether and can be used to corroborate the statement of the eyewitness. * For contradicting the evidence of the person giving the information. In case of Kapporte Singh Vs Emperor, the court observed that the FIR lodged by the deceased person can be admissible as a piece of evidence in the court if the FIR is detailing and explaining the circumstances of the death.