THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

STATEMENT OF OBJECTS AND REASONS

The Code of Criminal Procedure, 1973 regulates the procedure for arrest, investigation, inquiry and trial of offences under the Indian Penal Code and under any other law governing criminal offences. The Code provides for a mechanism for conducting trials in a criminal case. It gives the procedure for registering a complaint, conducting a trial and passing an order, and filing an appeal against any order.

2. Fast and efficient justice system is an essential component of good governance. However, delay in delivery of justice due to complex legal procedures, large pendency of cases in the Courts, low conviction rates, low level of uses of technology in legal system, delays in investigation system, complex procedures, inadequate use of forensics are the biggest hurdles in speedy delivery of justice, which impacts poor man adversely. In order to address these issues a citizens centric criminal procedures are need of hour.

3. The experience of seven decades of Indian democracy calls for comprehensive review of our criminal laws, including the Code of Criminal Procedure and adopt them in accordance with the contemporary needs and aspirations of the people.

4. The Government with the mantra, “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” is committed to ensure speedy justice to all citizens in conformity with these constitutional democratic aspirations. The Government is committed to make comprehensive review of the framework of criminal laws to provide accessible and speedy justice to all.

5. In view of the above, it is proposed to repeal the Code of Criminal Procedure, 1973 and enact a new law, namely, the Bharatiya Nagarik Suraksha Sanhita, 2023. It provides for the use of technology and forensic sciences in the investigation of crime and furnishing and lodging of information, service of summons, etc., through electronic communication. Specific time-lines have been prescribed for time bound investigation, trial and pronouncement of judgements. Citizen centric approach have been adopted for supply of copy of first information report to the victim and to inform them about the progress of investigation, including by digital means. In cases where the punishment is seven years or more, the victim shall be given an opportunity of being heard before withdrawal of the case by the Government. Summary trial has been made mandatory for petty and less serious cases. The accused persons may be examined through electronic means, like video conferencing. The magisterial system has also been streamlined.

6. The Notes on Clauses explains the various provisions of the Bill.

7. The Bill seeks to achieve the above objectives.