Report on Major Changes in The Bharatiya Nagarik Suraksha Sanhita, 2023(Part4)

Section 185: Checks on Police Powers:

185(1): Police must record reasons for searches in a "case diary".

Example: Officer Singh searches a suspect's house and logs the reason ("suspected possession of stolen goods") in the case diary.

185(5): Searches must be recorded via audio-video within 48 hours and reported to a Magistrate.

Example: Officer Singh records the house search on his body camera and submits the footage to Magistrate Gupta within two days.

Section 187: Custody and Bail Provisions:

Accused have a right to review police custody within the first 15 days of detention.

Example: Rohan, accused of theft, reviews his custody status in court after 10 days.

Police custody only allowed if the accused is not on bail or if bail is canceled.

Example: Rohan’s bail is canceled due to new evidence, allowing police custody continuation.

Section 187: Detention Regulations:

Detention can only occur in a police station, judicial custody, or designated prison.

Example: Priya, accused of fraud, is detained in a judicial custody facility instead of a regular prison.

Section 193: Electronic Processing and Communication:

Police reports must be forwarded electronically to the Magistrate.

Example: Officer Sharma sends the police report on a robbery case to Magistrate Kumar via email.

Magistrates empowered to take electronic cognizance of offenses.

Example: Magistrate Kumar reviews and acknowledges the electronically submitted report on a burglary case.

Section 193(3)(i): Victim and Informant Rights:

Informants/victims must be updated on investigation progress within 90 days.

Example: Meera, a robbery victim, receives an email update from the police about the investigation status after 75 days.

Copies of police reports and documents provided free of charge to the accused.

Example: Anil, accused of assault, receives a free copy of the police report and related documents for his defense.

Section 193(8): Streamlining and Technology Integration:

Process of supplying documents to the accused has been streamlined, with electronic communication utilized.

Example: The court sends digital copies of all relevant documents to Anil, ensuring no delay in his defense preparation.

Section 193(9): Timelines for Investigations and Trials:

Further investigation post charge sheet must be completed within 90 days.

Example: After filing a charge sheet against Kavita for embezzlement, the police complete additional investigations within the 90-day limit to avoid delays.

Section 194(2): Reporting of Suicides:

Reports on suicides must be forwarded within 24 hours to the Magistrate.

Example: Following a suicide in custody, Officer Verma submits a detailed report to Magistrate Mehta within a day.

Section 195: Special Provisions for Vulnerable Groups:

Prohibition on calling vulnerable individuals (under 15, over 60, women, mentally/physically disabled) for police attendance unless absolutely necessary.

Example: Instead of summoning a 65-year-old woman, Mrs. Desai, to the police station, Officer Nair conducts the necessary interview at her home to avoid inconvenience.

Jurisdiction Expansion (Section 54):

Key Point: Courts have jurisdiction over offenses committed outside India if a police report is filed electronically.

Example: Rajesh, an Indian citizen, commits a cybercrime while in the UK. A police report is filed electronically in India, allowing an Indian court to take jurisdiction over the case.

Electronic Report Compliance (Section 55):

Key Point: Magistrates can comply with offenses on police reports submitted electronically.

Example: Inspector Priya submits an electronic report for a theft case. Magistrate Kumar processes this report without needing a physical copy.

Sanctioning Delays (Section 56):

Key Point: Sanctioning authorities must make a decision within 120 days from receiving the sanction request.

Example: An investigation against Officer Arjun requires sanction for prosecution. The authority must decide within 120 days from the request.

Accused's Rights in Complaint Cases (Section 57):

Key Point: The court must inform the accused about the offense and give them an opportunity to present their side.

Example: Meera is accused in a fraud case. The Magistrate ensures Meera knows the charges and allows her to explain her side before proceeding.

Protection Against False Charges (Section 58):

Key Point: Section 223 protects against false accusations in complaint cases.

Example: Rohan files a false complaint against Public Servant Vikram. The Magistrate reviews the complaint carefully, ensuring Rohan’s claims are verified.

Issuance of Process (Section 59):

Key Point: Summons and warrants can be issued through electronic means.

Example: A warrant for Suresh’s arrest is issued electronically, speeding up the process of his apprehension.

Supply of Police Reports (Section 60):

Key Point: Prescribes timelines for providing police reports and documents to the accused and victim.

Example: Anjali, accused in a robbery case, receives copies of police reports within 14 days of her court appearance. In a session case, it’s extended to 45 days.

Commitment Case Delays (Section 61):

Key Point: Proceedings must be completed within 90 days, extendable to 180 days with recorded reasons.

Example: Akash’s commitment case for drug trafficking must be completed within 90 days. The court extends it to 180 days due to additional evidence.

Prompt Trial (Section 62):

Key Point: Mandates a 60-day window for commitment trials and framing of charges.

Example: Neha’s murder trial has a 60-day window from commitment to trial, ensuring swift justice.

Use of Technology (Section 63):

Key Point: Allows for audio-video evidence deposition in session cases.

Example: Witness Ravi’s testimony in a corruption case is recorded and presented via video conferencing.

Judgment Timelines (Section 64):

Key Point: Prescribes 30 days for delivering judgments, extendable to 45 days, and mandates uploading judgments within 7 days.

Example: Judge Sinha delivers a verdict in Radha’s theft case within 30 days of argument conclusion and uploads it on the court portal within 7 days.

Discharge Application (Section 65):

Key Point: 60-day period for filing discharge applications by the accused.

Example: Ravi, accused in a forgery case, files for discharge within 60 days of receiving the charges.

Examination of Witnesses (Sections 266 & 267):

Key Point: Witness examination can be done via audio-video means.

Example: Key witness Anita testifies in a fraud case via video conferencing from another city.

Non-availability of Witnesses (Section 67):

Key Point: If prosecution witnesses cannot be secured despite efforts, their non-examination is deemed acceptable.

Example: Despite efforts, witness Suman cannot be located in a smuggling case. The court proceeds, considering her non-examination acceptable.

These examples help to illustrate how the new sections are applied in real-world scenarios in India, ensuring better protection of rights, streamlined processes, and integration of technology in the legal system.