The Bharatiya Nagarik Suraksha Sanhita, 2023, introduces groundbreaking reforms that not only streamline judicial processes but also champion the rights of individuals in the legal system.

Detention of Undertrials

• BNSS: If an accused has spent half of the maximum period of imprisonment in detention, they must be released on a personal bond. This provision does not apply to offences punishable by death or life imprisonment, and to persons with multiple pending offences.

• CrPC: There was no such provision for mandatory release based on the duration of detention.

2. Medical Examination

• BNSS: Allows any police officer to request a medical examination of the accused in certain cases, including rape.
• CrPC: Required a request from at least a sub-inspector level officer for a medical examination.

3. Forensic Investigation

• BNSS: Mandates fore
• nsic investigation for offences punishable with at least seven years of imprisonment. Forensic experts must visit crime scenes to collect evidence and record the process electronically.
• CrPC: Did not have a mandatory requirement for forensic investigation based on the severity of the offence.

4. Signatures and Finger Impressions

• BNSS: Expands the provision for obtaining specimen signatures or handwriting to include finger impressions and voice samples, even from persons not under arrest.
• CrPC: Limited to obtaining specimen signatures or handwriting.

5. Timelines for Procedures

• BNSS: Prescribes specific timelines for various procedures, such as submitting medical examination reports within seven days and delivering judgments within 30 days of argument completion (extendable to 45 days).
• CrPC: Did not have such specific timelines for these procedures.

6. Hierarchy of Courts

• BNSS: Removes the classification of metropolitan areas and Metropolitan Magistrates.
• CrPC: Included classifications for metropolitan areas and Metropolitan Magistrates.

7. Use of Handcuffs

• BNSS: Permits the use of handcuffs in various cases, including organized crime, which contradicts the Supreme Court’s directives.
• CrPC: Followed the Supreme Court’s directives more closely regarding the use of handcuffs.

These changes aim to modernize and expedite the criminal justice process, ensuring greater transparency and accountability. The BNSS introduces more stringent and structured procedures to handle criminal cases, reflecting a shift towards a more systematic approach in the Indian legal system.

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