Daily Current Affairs : 22-December-2023
The Lok Sabha recently approved three crucial bills, including the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, with the goal of overhauling India’s criminal laws, replacing colonial-era legislation. This essay focuses on the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) and explores its key provisions and potential critiques.
Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 Overview:
Background: The BNSS2 seeks to replace the dated Criminal Procedure Code, 1973 (CrPC), initially enacted in 1861. CrPC addresses arrest, prosecution, and bail procedures in India.
Amendments and Impact: The BNSS2 proposes significant amendments to CrPC, impacting trials, investigations, and related aspects. The amendments aim to streamline legal processes and align them with contemporary needs.
Key Provisions in the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 Bill:
- Detention of Undertrials:
- Exceptions for life imprisonment cases and pending multiple offenses.
- Medical Examination:
- Expanded authority for any police officer to request examinations.
- Forensic Investigation:
- Mandatory for offenses with at least seven years of imprisonment.
- Signatures and Finger Impressions:
- Inclusion of finger impressions and voice samples, even from non-arrested individuals.
- Timelines for Procedures:
- Set timelines for medical reports, ensuring efficiency in the legal process.
Critique of the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023:
- Extended Police Custody:
- Allows up to 15 days of police custody, raising concerns about potential bail denial for an extended period.
- Property Attachment without Safeguards:
- Lack of safeguards in property attachment, deviating from provisions in the Prevention of Money Laundering Act.
- Restrictions on Bail for Multiple Charges:
- Denies bail for individuals facing multiple charges, potentially limiting access to bail.
- Use of Handcuffs and Public Order Provisions:
- Permits the use of handcuffs, including in organized crime cases, contrary to Supreme Court directives.
- Integration of Trial Procedure and Public Order:
- Retains provisions related to public order alongside trial procedures, prompting debates on their amalgamation.
- Omission of High-Level Committee Recommendations:
- Fails to incorporate recommendations on CrPC changes, reforms in sentencing guidelines, and codifying accused rights.
Important Points:
- Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 Overview:
- Aims to replace the outdated Criminal Procedure Code, 1973 (CrPC), initially enacted in 1861.
- Seeks to streamline arrest, prosecution, and bail procedures with contemporary amendments.
- Key Provisions in the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 Bill:
- Detention of Undertrials:
- Exceptions for life imprisonment cases and multiple pending offenses.
- Medical Examination:
- Any police officer can request examinations, expanding authority.
- Forensic Investigation:
- Mandatory for offenses with at least seven years of imprisonment.
- Signatures and Finger Impressions:
- Includes finger impressions and voice samples, even from non-arrested individuals.
- Timelines for Procedures:
- Set timelines for medical reports to ensure efficiency.
- Detention of Undertrials:
- Critique of the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023:
- Extended Police Custody:
- Allows up to 15 days, raising concerns about potential bail denial.
- Property Attachment without Safeguards:
- Lacks safeguards in property attachment, deviating from the Prevention of Money Laundering Act.
- Restrictions on Bail for Multiple Charges:
- Denies bail for individuals facing multiple charges, potentially limiting access.
- Use of Handcuffs and Public Order Provisions:
- Permits handcuffs, including in organized crime cases, contrary to Supreme Court directives.
- Integration of Trial Procedure and Public Order:
- Retains provisions related to public order alongside trial procedures, prompting debates.
- Extended Police Custody:
- Omission of High-Level Committee Recommendations:
- Fails to incorporate recommendations on CrPC changes, reforms in sentencing guidelines, and codifying accused rights.
Why In News
The Lok Sabha approved three significant bills, namely the Bharatiya Nyaya (Second) Sanhita, 2023; Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and Bharatiya Sakshya (Second) Bill, 2023, with the objective of comprehensively reforming India’s criminal laws.
Union Home Minister, while introducing the bills, emphasized their purpose of replacing laws instituted during the British era with indigenous legislation, affirming the government’s commitment to fostering a legal framework aligned with the evolving needs and values of contemporary India.
MCQs about BNSS2,2023
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What is the primary objective of Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2)?
A. To reinforce colonial-era laws
B. To streamline India’s criminal laws with contemporary amendments
C. To expand police powers without oversight
D. To solely focus on bail procedures
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Which aspect of the Criminal Procedure Code, 1973 (CrPC), does BNSS2 specifically target for replacement?
A. Sentencing guidelines
B. Arrest and prosecution procedures
C. Civil procedure rules
D. Evidence collection in trials
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What significant change does BNSS2 propose regarding medical examinations in criminal cases?
A. Restricts medical examinations to registered medical practitioners only
B. Allows medical examinations only in cases of life imprisonment
C. Broadens the authority, enabling any police officer to request examinations
D. Eliminates the need for medical examinations in criminal investigations
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What critique is raised regarding the BNSS2 provision related to extended police custody?
A. It promotes efficient handling of criminal cases
B. It allows up to 15 days without bail, raising concerns about potential misuse
C. It aligns with Supreme Court directives
D. It only applies to cases with life imprisonment penalties
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