Police investigation under BNSS

Context: The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has introduced
several changes in the pre-trial, trial, and post-trial stages of the criminal
justice process. Among these changes, new provisions pertaining to police
investigation demand attention, as this is the first important step in the
pre-trial stage for an effective system. Sub-section (1) of Section 173 BNSS
now statutorily recognises ‘Zero FIR’ and ‘electronic communication as a means
of providing such information to an officer in charge of a police station.’

Key points

·       Overview: The BNSS has
introduced changes concerning the investigation of cognisable offences by the
police. A new proviso has been added to Section 175(1), by virtue of which the
Deputy Superintendent of Police may also be required to investigate cases.

·       Need
for new bills: The current laws were drafted during colonial times
and contain archaic language. Some concepts do not accurately reflect current
social norms and values. The Parliamentary Standing Committee in its 111th and
128th reports had also highlighted the need for reforms in criminal laws.

Ø  Changing Norms - The evolving
societal perceptions. For e.g. the transition of attempted suicide from a
criminal offense to a recognized mental health issue under Mental Health Care
Act, 2017.

·       Detention
by police: The BNSS adds provisions for police to detain or remove any person
resisting, refusing, ignoring, or disregarding directions given as part of
preventive action. The term “Judicial magistrate” has been replaced by “Magistrate”.
(Magistrates are under the direct control of the government).

·       Zero
FIR: A formal provision (Section 230) has been introduced to ensure that a
copy of the FIR is made available to the accused and the victim free of cost
and within fourteen days from the date of production or appearance of the
accused. The Bill also permits the filing of a Zero FIR from any part of the
country.

·       Greater
use of technology: Digitization of complete process starting from
registration of FIR to maintenance of Case Diary to filing of Charge sheet and
delivery of Judgment. The complete trial, including cross-examination, will be
facilitated via video conferencing. Videography while recording statements of
victims of sexual crimes is made mandatory.

·       Specific
safeguards: Section 41A of CrPC, which has safeguards against arrests — will get a
new number, Section 35. No person can be arrested without prior permission of
an officer, not below the rank of a deputy SP, in cases where the offence is
punishable with less than three years or if the person is above 60. In
cognisable cases where the offence attracts 3-7 years, the police officer will
conduct a preliminary inquiry to ascertain whether a prima facie case exists to
proceed within 14 days.

·       Significance
of the BNSS Bill: Electronic FIR introduced. Preliminary Inquiry
introduced in offences punishable from 3 years to less than seven years. Meaning
of bail has been simplified throughout the BNSS. First-time undertrial is
provided early release on bail. Bail in acquittal cases simplified. First-time
offenders to be given relaxed punishment (one-fourth and one-sixth of such
punishment) in plea bargaining. Witness protection scheme introduced. Provision
for not more than two adjournments introduced.