The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023

 

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023

 

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, represents a significant legislative reform in India aimed at enhancing citizen safety and security. This act serves as an updated legal framework to address contemporary security challenges and improve the effectiveness of law enforcement and public safety measures. Here’s an overview of its key aspects and objectives:

Objectives:

1. Public Safety: Strengthening mechanisms to ensure the safety and security of citizens.
2. Crime Prevention: Implementing effective measures to prevent crimes and enhance public order.
3. Law Enforcement Efficiency: Streamlining processes to enable more efficient law enforcement.
4. Technological Integration: Incorporating modern technology in policing and security measures.
5. Community Engagement: Promoting active community involvement in maintaining public safety.

Key Provisions:

1. Updated Policing Standards: Revising standards and protocols for policing to address modern security challenges.
2. Enhanced Surveillance: Implementing advanced surveillance techniques and tools to monitor and prevent criminal activities.
3. Cybersecurity Measures: Strengthening cybersecurity measures to protect against digital crimes and threats.
4. Crisis Response: Establishing robust protocols for responding to emergencies, natural disasters, and terrorist attacks.
5. Victim Support: Providing comprehensive support systems for victims of crime, including legal aid, counseling, and rehabilitation services.
6. Community Policing: Promoting community policing initiatives to foster cooperation between law enforcement and local communities.

Implementation Mechanisms:

1. Training and Capacity Building: Providing advanced training for law enforcement personnel to handle contemporary security challenges.
2. Technological Upgradation: Investing in technology and infrastructure to support modern policing methods.
3. Public Awareness Campaigns: Conducting campaigns to educate the public about safety measures and encourage community participation.
4. Coordination and Collaboration: Enhancing coordination between various law enforcement agencies and community organizations.
5. Monitoring and Evaluation: Establishing mechanisms to monitor the implementation of the act and evaluate its effectiveness regularly.

Impact:

1. Enhanced Security: Improved public safety and reduced crime rates through effective law enforcement and preventive measures.
2. Trust in Law Enforcement: Increased public trust in law enforcement agencies due to better responsiveness and community engagement.
3. Crime Deterrence: Stronger deterrents against criminal activities through advanced surveillance and rapid response protocols.
4. Digital Safety: Improved protection against cyber threats and digital crimes, ensuring safer online interactions.
5. Support for Victims: Better support and resources for victims of crime, aiding in their recovery and reintegration.

Challenges:

1. Resource Allocation: Ensuring adequate resources and funding for the implementation of new technologies and training programs.
2. Technological Adaptation: Keeping pace with rapid technological advancements and integrating them into law enforcement practices.
3. Community Cooperation: Gaining active and sustained cooperation from the public in community policing initiatives.
4. Legal and Ethical Considerations: Addressing legal and ethical concerns related to surveillance and privacy.
5. Inter-agency Coordination: Ensuring seamless coordination between multiple law enforcement and security agencies.

Conclusion:

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, is a crucial step towards modernizing India's approach to citizen safety and security. By integrating advanced technologies, promoting community involvement, and strengthening law enforcement capabilities, this act aims to create a safer and more secure environment for all citizens. Successful implementation will depend on collaborative efforts, sufficient resource allocation, and continuous adaptation to emerging security challenges.

 

Reference: https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-second-sanhita-2023 

Highlights of the Bill

• The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) seeks to replace the Criminal Procedure Code, 1973 (CrPC).  The CrPC provides for the procedure for arrest, prosecution, and bail. 
• The BNSS2 mandates forensic investigation for offences punishable with seven years of imprisonment or more.  Forensic experts will visit crime scenes to collect forensic evidence and record the process.
• All trials, inquiries, and proceedings may be held in electronic mode.  Production of electronic communication devices, likely to contain digital evidence, will be allowed for investigation, inquiry, or trial.
• If a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, the trial can be conducted and judgement pronounced in his absence. 
• Along with specimen signatures or handwriting, finger impressions and voice samples may be collected for investigation or proceedings.  Samples may be taken from a person who has not been arrested.

Key Issues and Analysis

• The BNSS2 allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody.  This may lead to denial of bail for the entire period if the police has not exhausted the 15 days custody.
• The power to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act.
• The CrPC provides for bail for an accused who has been detained for half the maximum imprisonment for the offence.  The BNSS2 denies this facility for anyone facing multiple charges.  As many cases involve charges under multiple sections, this may limit such bail.
• The use of handcuffs is permitted in a range of cases including organised crime, contradicting Supreme Court directions.
• The BNSS2 retains provisions of the CrPC related to maintenance of public order.  Since trial procedure and maintenance of public order are distinct functions, the question is whether they should be regulated under the same law or be dealt with separately. 
• Recommendations of high level committees on changes to the CrPC such as reforms in sentencing guidelines and codifying rights of the accused have not been incorporated in the BNSS2.