Proposed Reforms in Indian Criminal Justice

Key Highlights of the BNSS Bill and Associated Legislation

The Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill is a proposed reform in Indian criminal justice, aiming to replace the colonial-era Code of Criminal Procedure (CrPC). The bill includes provisions for attaching properties of proclaimed offenders both within India and abroad, and allowing the use of handcuffs during arrest. It aligns with the Digital India initiative, aiming to enhance technology utilization in the criminal justice system. The bill eliminates the requirement for obtaining sanction to prosecute government officials in certain cases, such as sexual offenses and trafficking.

It specifies a time-bound process for granting or denying prosecution sanction for public servants, and penalties for individuals who wage war against foreign governments at peace with India range from imprisonment for life to a maximum term of seven years. The bill also introduces a 90-day timeframe for filing charge sheets in criminal cases, grants magistrates the authority to request samples of an individual's signature, handwriting, voice, or finger impressions for investigative purposes, and promotes the use of modern methods such as forensic sciences and electronic modes.

Notably, the BNSS Bill aligns itself with the Digital India initiative, aiming to enhance the utilization of technology in various aspects of the criminal justice system. This includes facilitating trials conducted through video-conferencing, which can potentially streamline and modernize court proceedings. A significant shift proposed by the bill is the elimination of the requirement for obtaining sanction to prosecute government officials in certain cases, such as those involving sexual offenses and trafficking. This change seeks to expedite legal proceedings in such cases.

The BNSS Bill specifies a time-bound process for granting or denying prosecution sanction for public servants. According to the bill, the government must make this decision within 120 days of receiving a request. If the government fails to decide within this period, the sanction will be deemed to have been granted.

Among its provisions, Section 151 of the BNSS Bill stands out, outlining penalties for individuals who wage war against foreign governments at peace with India. The penalties range from imprisonment for life to a maximum term of seven years, along with the possibility of fines. The bill introduces a 90-day timeframe for filing charge sheets in criminal cases, with a provision for an additional 90-day extension under specific circumstances as determined by the court. This provision ensures a more structured and time-sensitive investigative process.

The BNSS Bill grants magistrates the authority to request samples of an individual's signature, handwriting, voice, or finger impressions for investigative purposes, without necessitating their arrest. This provision can expedite inquiries without unnecessary detainment. An interesting and potentially controversial feature of the bill is the provision for conducting trials and obtaining convictions for accused individuals in their absence. This may raise concerns related to due process and the rights of the accused. In the realm of technology adoption, the BNSS Bill promotes the use of modern methods such as forensic sciences and electronic modes for matters such as investigating crimes, lodging FIRs (First Information Reports), and sending summons.

The concept of 'Zero FIR' is a noteworthy addition, enabling citizens to file FIRs at any police station, irrespective of jurisdiction. These FIRs are then required to be transferred to the appropriate police station with jurisdiction within 15 days.

The bill outlines specific procedures for filing mercy petitions in cases involving the death sentence. It mandates that, after being informed by jail authorities about the disposition of a convict's mercy petition, the convict or their legal heir can submit a mercy petition to the Governor within 30 days. If rejected, an appeal can be made to the President within 60 days, and the President's decision is considered final without the option of further appeal in any court.