Bharatiya Nagarik Suraksha Sanhita
Parliament of India
  • A Bill to consolidate and amend the law relating to Criminal Procedure.
CitationBill No. 122 of 2023
Territorial extent India
Passed byLok Sabha
Passed20 December
Considered byRajya Sabha
Passed21 December 2023
Assented to byPresident, Droupadi Murmu
Assented to25 December 2023
Legislative history
First chamber: Lok Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita-2023
Introduced byHome Minister, Amit Shah
Introduced12 December 2023
Committee responsibleScrutiny Panel of the Parliament
Passed20 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Second chamber: Rajya Sabha
Bill titleThe Bharatiya Nagarik Suraksha (Second) Sanhita-2023
Member in ChargeHome Minister, Amit Shah
Passed with amendments21 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers21 December 2023
Repeals
Criminal Procedure Code
Related legislation
Bharatiya Nyaya Sanhita and Bharatiya Sakshya Act, 2023
Status: In force

The Bharatiya Nagarik Suraksha Sanhita (commonly referred to as BNSS), literally translates to the Indian Civil Protection Code, is the main legislation on procedure for administration of substantive criminal law in India.[1][2][3]

Background and timeline

On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita bill, 2023 was introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha.[4][5][6]

On 12 December 2023, the Bharatiya Nagarik Suraksha Sanhita bill, 2023 was withdrawn.

On 12 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita bill, 2023 was introduced in Lok Sabha.[7]

On 20 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita bill, 2023 was passed in Lok Sabha.[8]

On 21 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita bill, 2023 was passed in Rajya Sabha.

On 25 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita bill, 2023 has received the assent of the President of India.[9]

Changes

The BNSS makes a number of changes to the CrPC, including:

  • Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC.[10]
  • Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for a number of safeguards, such as the right to a lawyer, the right to remain silent, and the right to a fair trial.[11]
  • Improving the efficiency of the criminal justice system: The BNSS seeks to improve the efficiency of the criminal justice system by streamlining procedures and reducing delays.[12]

The following are some of the key changes made in the BNSS:

  • Arrest: The BNSS expands the grounds for arrest and allows for arrest without a warrant in a wider range of cases.
  • Bail: The BNSS makes it more difficult for the police to oppose bail and allows for bail in a wider range of cases.
  • Investigation: The BNSS gives the police more powers to investigate crimes and requires them to complete investigations within a specified time period.
  • Trial: The BNSS streamlines the trial process and requires courts to dispose of cases within a specified time period.

See also

References

  1. "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". August 11, 2023 via www.thehindu.com.
  2. "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". August 11, 2023 via The Economic Times - The Times of India.
  3. ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV.com.
  4. https://www.indiatoday.in/india/story/government-brings-in-three-bills-to-revamp-indias-crime-laws-crpc-amit-shah-lok-sabha-2419541-2023-08-11
  5. https://www.livemint.com/news/india/parliament-monsoon-session-ends-today-amit-shah-announces-major-overhaul-of-criminal-justice-system-with-new-bill-11691738520380.html
  6. https://www.ndtv.com/india-news/the-3-bills-that-will-soon-replace-british-era-criminal-laws-their-aim-explained-4289008
  7. "The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023" (PDF).
  8. Das, Awstika (2023-12-20). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". www.livelaw.in. Retrieved 2023-12-20.
  9. Desk, DH Web. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 2023-12-25.
  10. https://www.telegraphindia.com/india/scan-on-detention-of-accused-person-in-police-custody-for-staggering-period-of-up-to-90-days/cid/1988289
  11. https://www.livelaw.in/top-stories/bharatiya-nagarik-suraksha-sanhita-criminal-procedure-police-custody-15-days-244456
  12. https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/article67637348.ece
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