Why in Broadcast?

• Union Home Minister Amit Shah introduced the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Lok Sabha, on August 11, 2023. The Bill has been referred to the Standing Committee on Home Affairs. The Bill repeals the Indian Penal Code, 1860 (IPC).

Detention of Undertrials

• Under the Code, if an accused has spent under detention half of the maximum period of imprisonment for an offence, during investigation or trial, he must be released on his personal bond.
• This does not apply to offences which are punishable by death.
• The Bill adds that this provision will also not apply to:

• Offences punishable by life imprisonment.
• Persons against whom proceedings are pending in more than one offence.

• First-time offenders will be released on bail if they have completed detention for 1/3rd of the maximum imprisonment which can be imposed for the offence.

Trials in Electronic Mode

• The Bill provides that all trials, inquires, and proceedings may be held in electronic mode.
• Production of electronic communication devices, likely to contain digital evidence, for investigation, inquiry, or trial is also allowed.

Medical Examination of Accused

• The Code allows conducting a medical examination of the accused in certain cases, including cases of rape.
• The Bill provides that any police officer can request for such an examination.

Forensic Investigation

• The Bill mandates forensic investigation for offences punishable with at least seven years of imprisonment.

Power to Prohibit Carrying Arms

• The Code empowers the District Magistrate to prohibit the carrying of arms in any procession, mass drills, or mass training with arms in public places.
• However, the provision was not notified under the Code. The Bill omits this provision.

Timelines for Procedures

• The Bill prescribes timelines for various procedures.
• It requires medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days.
• Giving judgement within 30 days of completion of arguments (extendable up to 60 days).
• Informing the victim of progress of investigation within 90 days.
• Framing of charges by a sessions court within 60 days from the first hearing on such charges.

Trial in Absence of Offender

• The Bill provides for conduct of trial and pronouncement of judgement in the absence of a proclaimed offender.
• This shall be done when such a person has absconded to evade trial and there is no immediate prospect of arresting him.

Metropolitan Magistrates

• The Code empowers the state governments to notify any city or town with a population of more than one million as a metropolitan area.
• The Bill omits this provision.