Understanding the Foundation: Chapter I - Preliminary of the Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a transformative shift in the landscape of criminal procedure laws in India. It ushers in a multitude of reforms aimed at streamlining the legal process, enhancing the efficiency of justice delivery, and adopting a more victim-centric approach. In this article, we will explore the foundational elements of BNSS 2023, elucidated through its first five sections under Chapter I, titled "Preliminary."

Section 1: Short title, extent, and commencement

This section formally introduces the Act, titled "Bharatiya Nagarik Suraksha Sanhita, 2023". It specifies that the Act extends to the whole of India but excludes the state of Nagaland and tribal areas, with provisions for potential application in these areas through state government notification. The BNSS is set to come into force on July 1, 2024, heralding a new era in the administration of criminal justice.

Important Definitions: Section 2

Section 2 of the BNSS defines various terms used throughout the Act. Here are the definitions, directly produced from the Act. The article provides all 26 definitions in the Act, ensuring readers to have a comprehensive understanding of the terms essential to interpreting the subsequent provisions.

(a) “audio-video electronic” means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;

(b) “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;

(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;

(d) “bail bond” means an undertaking for release with surety;

(e) “bond” means a personal bond or an undertaking for release without surety;

(f) “charge” includes any head of charge when the charge contains more heads than one;

(g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

(h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;

(i) “electronic communication” means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government;

(j) “High Court” means,— (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;

(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court;

(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail;

(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;

(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;

(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;

(p) “notification” means a notification published in the Official Gazette;

(q) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871 (1 of 1871);

(r) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;

(s) “place” includes a house, building, tent, vehicle and vessel;

(t) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193;

(u) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;

(v) “Public Prosecutor” means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor;

(w) “sub-division” means a sub-division of a district;

(x) “summons-case” means a case relating to an offence, and not being a warrant-case;

(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim. The definition of 'victim' includes legal heir, this was decided in the case of Ram Phal v. State (2015 Cri LJ 3220).

(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.

Construction of reference: Section 3

Section 3 deals with the interpretation of references to Magistrates and Courts within the Act. It clarifies that unless specified otherwise, references to a Magistrate generally imply a Judicial Magistrate exercising jurisdiction in the area concerned.

Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws: Section 4

This section establishes that all offences under the BNSS will be investigated, inquired into, tried, and dealt with according to the provisions laid out in the Act. It ensures that the BNSS provisions also apply to offences under other existing laws unless specifically contradicted by those laws.

Saving Clause: Section 5

The Saving Clause in Section 5 protects the enforcement of special or local laws, special jurisdictions or powers, and any special procedural forms unless BNSS explicitly provides otherwise. This clause ensures that the BNSS integrates smoothly with the broader legal framework without disrupting established legal processes.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita, 2023, is poised to significantly influence the criminal justice landscape in India. By dissecting the Act's initial sections, we gain valuable insights into its scope, application, and the foundational legal structures it will establish. As we look towards its implementation, the legal community and the public alike anticipate the progressive changes it promises to bring to law enforcement and judicial proceedings in India.