1.      Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, represents a landmark shift in India’s criminal justice landscape. It is designed to tackle long-standing issues of procedural delays and inefficiencies. With a firm commitment to expediting the justice delivery process, the BNSS Reforms introduce specific timelines and procedural reforms. The BNSS vs CrPC reforms are set to transform how criminal cases are handled. This new legislation aims to streamline various stages of the criminal justice system. It covers everything from preliminary investigations to the final pronouncement of judgments. The goal is to ensure a more efficient and timely resolution of cases.

In this blog, we will explore the BNSS’s approach to enhancing the speed and efficiency of legal proceedings. We will begin by examining the new timelines for preliminary inquiries and investigations under Section 173. These changes represent a significant departure from previous practices under the CrPC. Next, we will delve into the BNSS’s provisions for the timely submission of medical reports in cases of sexual offenses. We will detail the new requirements that ensure prompt evidence collection.

Ensuring Prompt Submission of Medical Reports in Sexual Offense Cases

The blog will also cover the BNSS’s stipulations for supplying relevant documents to the accused and victims under Section 230. We will assess how these timelines improve transparency and access to information. Additionally, we will explore the BNSS’s approach to framing charges and filing discharge applications. We will compare these procedures with the CrPC to highlight the reforms’ impact on trial efficiency.

Further, we will discuss the BNSS’s directives for timely pronouncement of judgments, contrasting them with the flexible timelines of the CrPC. We will evaluate their implications for case resolution. The blog will also highlight the BNSS’s emphasis on day-to-day trials and limits on adjournments. These measures aim to reduce delays and ensure continuous legal proceedings.

Comparative Analysis: BNSS vs. CrPC

Finally, we will conclude with a comparative analysis of the BNSS and CrPC, reflecting on the key differences and improvements introduced by the new legislation. By providing a detailed examination of these changes, the blog seeks to offer insights into how the BNSS is poised to enhance the effectiveness and fairness of the criminal justice system in India.

2.     Examination of Timelines under the BNSS

A.    Timelines for Preliminary Enquiry and Investigation

The BNSS introduce a structured approach to preliminary inquiries under Section 173. For offenses punishable by imprisonment between three and seven years, the legislation mandates that a preliminary inquiry be conducted within fourteen days of receiving information. This requirement ensures that the initial assessment of whether there is a prima facie case is carried out promptly. If the inquiry indicates a prima facie case, a full-fledged investigation must follow immediately. This structured timeline is a significant departure from the CrPC, which does not specify a fixed timeframe for preliminary inquiries, potentially leading to delays in initiating investigations.[i]

The BNSS reforms emphasis on timely preliminary inquiries is intended to prevent unnecessary delays in the investigation process, allowing law enforcement to act swiftly and efficiently. This proactive approach aims to address one of the major criticisms of the CrPC, where preliminary inquiries could stretch indefinitely, contributing to a backlog of pending cases and extended delays in justice.

Section 184 of the BNSS Reforms underscores the importance of timely medical examinations in cases of sexual offenses. It mandates that a registered medical practitioner examine the victim within twenty-four hours of receiving information about the crime. This rapid response is crucial for collecting accurate forensic evidence and ensuring the integrity of the investigation. The medical report must be submitted to the investigating officer within seven days of the examination. This provision enhances the efficiency of evidence collection and reduces the potential for tampering or loss of crucial forensic data.[ii]

In contrast, the CrPC did not prescribe a specific timeframe for medical examinations in sexual offense cases, which could lead to delays and potential compromises in evidence collection. The BNSS reforms’ focus on prompt medical examinations aims to strengthen the investigative process and improve the likelihood of securing convictions in sexual offense cases.[iii]

B.     Timelines for Document Submission

Section 230 of the BNSS introduces a crucial provision for the timely supply of documents. It requires that both the accused and the victim, if represented by an advocate, receive copies of essential documents, including police reports, within fourteen days of the accused’s production or appearance in court. This provision is designed to enhance transparency and ensure that all parties have adequate time to prepare their cases.[iv]

The CrPC lacks a specific mandate for the timely provision of documents, which has often led to delays in the disclosure of critical information. The BNSS’s requirement for prompt document submission aims to address this gap, ensuring that both the accused and the victim are informed and prepared for the proceedings, thus promoting a fair trial process.[v]

C.     Timelines for Framing Charges and Discharge Applications

Under the BNSS, charges must be framed within sixty days from the first hearing on charges for session cases (Section 251) and warrant cases (Section 263). This provision aims to expedite the process of formalizing charges against the accused, thereby reducing pre-trial delays and ensuring that the case moves forward in a timely manner. The requirement for a fixed timeframe for charge framing represents a significant improvement over the CrPC, which does not specify a particular period for this process, potentially leading to extended delays.

By setting a clear deadline for framing charges, the BNSS seeks to eliminate unnecessary delays and ensure that the accused and the prosecution have a clear understanding of the charges at an early stage. This change is expected to contribute to a more efficient judicial process and help in reducing the backlog of cases.

Section 250 of the BNSS provides a clear timeframe for the accused to file for discharge. The accused may submit an application for discharge within sixty days from the date of the case’s committal to the Court of Session.[vi] This provision ensures that discharge requests are considered in a timely manner, allowing the accused to seek dismissal of charges without unnecessary delay. The CrPC does not prescribe a specific timeframe for discharge applications, which can result in prolonged pre-trial periods.

The BNSS’s approach to discharge applications aims to enhance procedural efficiency and provide the accused with a timely opportunity to contest the charges. This provision is expected to improve the overall efficiency of the pre-trial process and contribute to a swifter resolution of cases.

D.    Timelines for Judgment Pronouncement

The BNSS establishes a strict timeline for the pronouncement of judgments under Section 258. The judge is required to deliver a verdict within thirty days of completing arguments, with an extension of up to forty-five days permitted for specific reasons. This provision aims to minimize delays in the judicial process and ensure that cases are resolved in a timely manner.[vii]

Previously, the CrPC did not set a specific deadline for delivering judgments, leading to variability in the time taken to pronounce verdicts. The BNSS’s emphasis on a fixed timeframe for judgment delivery represents a significant shift towards more efficient case resolution, addressing one of the major criticisms of the CrPC and contributing to a more timely and predictable legal process.

E.    Day-to-Day Trials and Adjournments

Section 346 of the BNSS mandates that trials or inquiries proceed on a day-to-day basis until all witnesses have been examined. This provision aims to maintain the continuity of proceedings and reduce delays caused by frequent adjournments.[viii] Additionally, the section limits the number of adjournments to a maximum of two per party, emphasizing the need for efficient case management.[ix]

In comparison, the CrPC emphasizes expeditious trials but does not impose strict limits on adjournments or mandate day-to-day trials. The BNSS’s approach to limiting adjournments and ensuring continuous proceedings is intended to address issues of trial delay and contribute to a more streamlined and effective judicial process.

3.     Comparisons with the CrPC

The BNSS requires committal proceedings to be completed within ninety days from taking cognizance, with an extension of up to one hundred and eighty days allowed with written reasons. This contrasts with the CrPC, which does not specify a fixed timeframe for committal proceedings, potentially leading to delays in advancing cases through the judicial system.

The BNSS’s requirement for providing documents within fourteen days of the accused’s production or appearance represents a significant improvement over the CrPC’s lack of a specific timeframe for document provision. This provision enhances transparency and ensures that both the accused and the victim have timely access to crucial case information.

The BNSS specifies a sixty-day period for filing discharge applications, a clear departure from the CrPC’s lack of a defined timeframe. This provision aims to ensure that discharge requests are processed more efficiently, contributing to a swifter pre-trial process.[x]

The BNSS’s requirement for framing charges within sixty days and delivering judgments within thirty days (extendable to forty-five days) represents a significant shift from the CrPC’s more flexible timelines. These changes aim to expedite the judicial process and improve the overall efficiency of case resolution.[xi]

The BNSS’s mandate for day-to-day trials and limitations on adjournments contrast with the CrPC’s more general provisions, highlighting the BNSS’s commitment to reducing delays and enhancing trial efficiency.[xii]

BNSS vs CrPC

Aspect	BNSS	CrPC
Committal Proceedings	Must be completed within 90 days from taking cognizance, extendable to 180 days with reasons.	No specific timeframe is prescribed for committal proceedings.
Supply of Documents	The accused and victim must be provided with necessary documents within 14 days of production/appearance.	No specific timeframe is prescribed for supplying documents to the accused and victim.
Application for Discharge	The accused can apply for discharge within 60 days from the date of committal.	No specific timeframe is provided for discharge applications.
Framing of Charges	Charges must be framed within 60 days from the date of the first hearing on the charge.	No fixed period is prescribed for framing charges; it varies based on case circumstances.
Judgment of Acquittal or Conviction	The verdict must be delivered within 30 days after completing arguments, extendable to 45 days with reasons.	No specific deadline for delivering judgments; the timeline varies.
Day-to-Day Trial	Inquiry or trial to be conducted on a day-to-day basis with a maximum of two adjournments per party.	Emphasizes expeditious trials but does not mandate day-to-day proceedings or limit adjournments.
Preliminary Enquiry	Required within 14 days for offenses punishable for 3-7 years; investigation proceeds if a prima facie case exists.	No specific provision for preliminary inquiry in the same manner.
Medical Report for Rape Victims	Medical examination to be conducted within 24 hours, and report submitted within 7 days.	No specific timeline for medical examination and report submission in the case of rape victims.
Discharge Due to Complainant’s Absence	The accused may be discharged if the complainant is absent after 30 days from the court appearance.	No specific timeframe for discharge if the complainant is absent.

 

4.     Conclusion

The enactment of the BNSS, 2023, marks a significant advancement in the Indian criminal justice system. By instituting strict timelines under BNSS for various legal proceedings, it addresses delays and inefficiencies that have long plagued the judiciary. The legislation’s focus on prompt preliminary inquiries, timely document supply, expedited charge framing, and swift judgments ensures justice is served quickly.

The BNSS’s requirements for day-to-day trials and adjournment limitations represent a shift from CrPC’s flexible provisions, reducing trial backlogs. By enforcing strict timelines under BNSS for committal proceedings, discharge applications, and judgments, it enhances transparency and efficiency in justice delivery.

Comparison in a nutshell

Comparatively, the BNSS improves upon the CrPC, particularly in procedural timelines, addressing criticisms and ensuring a predictable legal process. As the BNSS is implemented, its effectiveness in reducing delays will be closely observed, shaping India’s criminal justice future.

In summary, the BNSS represents a bold step toward modernizing criminal justice, emphasizing strict timelines under BNSS and expeditious proceedings. Its impact on reducing case backlogs and improving judicial efficiency will be crucial for India’s legal system.

[i] Bharatiya Nagarik Suraksha Sanhita, 2023 § 173.

[ii] Bharatiya Nagarik Suraksha Sanhita, 2023 § 184.

[iii] Decoding the New ‘Made in India’ Code of Criminal Procedure: Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, AZB partners (Dec. 22, 2024), https://www.azbpartners.com/bank/decoding-the-new-made-in-india-code-of-criminal-procedure-bharatiya-nagarik-suraksha-second-sanhita-2023/.

[iv] Bharatiya Nagarik Suraksha Sanhita, 2023 § 230.

[v] Gyanvi Khanna, Timelines Set By BNSS (New CrPC) For Investigation, Trial Procedure, Judgment Etc, Live Law (Jan. 07, 2024), https://www.livelaw.in/top-stories/timelines-set-by-bnss-new-crpc-for-investigation-trial-procedure-judgment-etc-246062.

[vi] Bharatiya Nagarik Suraksha Sanhita, 2023 § 250.

[vii] Bharatiya Nagarik Suraksha Sanhita, 2023 § 258.

[viii] Bharatiya Nagarik Suraksha Sanhita, 2023 § 346.

[ix] Prof. (Dr.) S.D. Sharma, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023—An Overview, Taxmann (Mar. 23, 2024), https://www.taxmann.com/post/blog/bharatiya-nagarik-suraksha-sanhita-bnss.

[x] Id.

[xi] Khanna, supra note 5.

[xii] Karishma Kotwal, BNSS introduces specific timelines to streamline legal proceedings, Times of India (July 05, 2024), https://timesofindia.indiatimes.com/city/indore/bnss-introduces-specific-timelines-to-streamline-legal-proceedings/articleshow/111498631.cms.