Objectives of BNSS

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

Objectives of BNSS-

Tanmoy Mukherjee

Advocate

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is a comprehensive criminal procedural code designed to reform and modernize India’s criminal justice system.

Major Objectives of BNSS-

a) Procedural Reforms-

i) Timelines-

Establishes strict timelines for each stage of the criminal process including investigation, trial, and appeals to expedite proceedings and reduce delays.

ii) Streamlined Process-

Simplifies procedural requirements to reduce complexity and administrative burdens, making the process more efficient for courts, law enforcements and legal practitioners.

b) Technology integration-

i) Digital evidence handling-

Provides detail guideline for the management of digital evidence, including cyber crime investigation, and data privacy.

ii) E-Courts & virtual hearing-

Promotes the use of technology for digital filing, e-courts, & virtual hearing to enhance accessibility and efficiency in the legal process.

c) Victim Rights and support-

i) Active participation:-

Strengthens the role of victim in the legal process allowing them to provide statements & participate in hearings, thereby ensuring their voices are heard.

ii)Compensation & assistance-

Includes provisions for victim compensation, support Services & protection from intimidation aiming to address victim’s needs and improve the experience within the justice system.

d) Accused rights and fairness-

i) Fair trial & protection-

Ensures that the rights of the accused are upheld including the right to a fair trial, legal representation and protection against unlawful detention and or coercion.

ii) Transparency-

Increases transparency in the Judicial Process to prevent judicial abuse and ensure accountability.

e) Specialised Courts-

i) Expertise:

Provides for the establishment of specialised courts to handle specific types of crimes, such as cyber crimes, terrorism, ensuring cases are managed by experts with relevant knowledge.

ii) Efficient handling:

Aims to improve the handling of complex or emerging crimes through specialised procedures & experts adjudication.

f) ADR-

i) Plea bargaining:

Encourages the use of plea bargaining for resolving minor offences, reducing court congestion and expediting case resolution.
ii) Mediation-
Introduces mediation as an alternative to formal trials for certain disputes, facilitating amicable settlements and reducing the burden on the court system.

g) Transitional Provisions-
i) Case management-
Outlines guidelines for transitioning ongoing cases from the CrPC to the BNSS framework, ensuring continuity and consistency in legal proceedings.
ii) Adaptation-
Addresses the challenges of adapting existing cases to the new procedural norms established by the BNSS.