Bharatiya Nagarik Suraksha Sanhita

• On 11 August 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was introduced by Amit Shah, Minister of Home Affairs, in Lok Sabha. • On 12 December 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 was withdrawn. • On 12 December 2023 – 2024, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was introduced in Lok Sabha. • On 20 December 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023 was passed in Lok Sabha. • 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 received the assent of the President of India. == Structure ==

The BNSS comprises 39 chapters and 531 sections. In addition, there are two schedules also. The outline of the Sanhita is as follows: == Changes ==

The BNSS makes a number of changes to the CrPC, some key changes are: • Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC. • Strengthening the rights of the accused: The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial. Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made. • 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. The following are some of the key changes made in the BNSS: • Arrest: For the first time in India's penal code history, the Bharatiya Nyaya Sanhita (BNSS) introduces "Community Service" as a distinct form of punishment, marking a significant shift towards reformative justice. This provision allows courts to sentence offenders to unpaid work for the benefit of the community for specific petty offences, such as defamation, public intoxication, and attempting to commit suicide with the intent to restrain a public servant. By incorporating this alternative to imprisonment, the BNSS aims to reduce the burden on the prison system while offering a constructive avenue for rehabilitation for minor infractions. • Section 173 of the BNSS gives statutory recognition to the concept of Zero FIR, which allows a First Information Report (FIR) to be registered at any police station, irrespective of its territorial jurisdiction. The provision mandates that information regarding a cognizable offence can be given orally or electronically to an officer-in-charge, who must register it and transfer it to the relevant jurisdictional police station. ==Analysis==

BNSS makes the ability of the accused to secure bail, more difficult and limits the scope for plea bargaining. It empowers police officers to compel an accused to produce their digital devices to access their contents for investigation purposes. It also gives police the discretion to seize and attach the property of an accused before a trial has taken place. This supersedes the Supreme Court's decision in Lalita Kumari vs Government of Uttar Pradesh in 2013, wherein the court found that investigating officers had undue powers in deciding whether an FIR was warranted. ==See also==