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The Three New Major Criminal ...


Some of the important features are mentioned as:

The BNS introduces transformative approach to a the reporting of crimes against women through electronic First Information Reports (e-FIRs). This aids in swift reporting of the offences requiring immediate attention. The digital platform facilitates immediate reporting, overcoming traditional barriers and reflecting the essence of established legal principles emphasizing timely reporting. Judicial precedents, including the Harpal Singh case (1981), resonate in recognizing societal factors influencing reporting delays.

The BNS has significantly introduced a new Chapter on 'offences against women and child. The new Law, by placing this chapter in early part of statute (i.e. Chapter 5) signifies the importance given to tackling crime against women and child. Additionally, the Law proposes changes to provisions relating to rape of women under the age of 18. It renumbers existing rape provisions and harmonises the treatment of gang rape of minor women with the POCSO. Another significant change is that the age of consent for a married woman under the definition of rape (Cl. 63 BNS and s. 375 IPC) has been increased from 15 to 18 years.

Technology & Forensics: Use of Technology is now envisaged in all stages (from e-FIR to investigation to submission of documents to trials). Further, Compulsory Forensic examination in all cases where offence attracts punishment of seven or more years has been envisaged. It has been provided that in offences prescribing imprisonment for 7 years or more, police officer shall cause forensics expert to visit the crime scene to collect forensic evidence. States may from such date, as may be notified by them, as early as possible but not later than 5 years, shall make it compulsory. Some of the other highlights are as under:

a) A new definition of 'electronic communication' for use technology in of investigation, trial and court proceedings and service of summons, notices, etc. has been introduced.

b) The definition of 'Documents' has been expanded to include an electronic or digital record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, cloud, locational evidence and voice mail messages stored on digital devices.

c) The definition of 'evidence' has been expanded to any information given electronically. This will permit appearance of witnesses, accused, experts and victims through electronic means. This will ease the process of trial, prevent delays in transporting accused from prisons to courts, and also help in preserving the trial process for future reference that may be necessitated during challenge in higher courts.

d) In the definition of primary document (Clause 57, BSA), new explanations have been added to cover:

(i) If an electronic or digital record which is created or stored, and if such storage occurs simultaneously or sequentially in multiple files, each such file is an original.

(ii) If an electronic or digital record is produced from proper custody, it is sufficient to prove its contents unless it is disputed.

(iii) If a video recording is simultaneously stored in electronic form and transmitted or broadcast to another, each of the stored recordings is an original.

(iv) If an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is an original.

e) Scope of secondary evidence has been expanded. Now in addition to certified copies, copies made from original by mechanical processes, copies made from or compared with the original, counterparts of documents as against the parties who did not execute them and oral accounts of the contents of a document given by some person who has himself seen it, are included.

f) It has been permitted that accused (in custody) may be examined by a Magistrate through electronic means i.e. Video Conferencing/ VC facility available in the police station, court, prison or any other such place notified by the State Government. It has been provided that if the accused has been examined through VC, his signature on the statement shall be taken within 72 hours.

g) A provision has been made wherein the Magistrate may order specimen or sample without the person being arrested. Further there is no existing provision in CrPC for taking finger impression or voice sample which has been provided for in BNSS.

Strengthening Prosecution:
Strengthening Prosecution providing for a and Directorate of Prosecution in each State with offices in each district is an important feature of BNSS. A Directorate of Prosecution, headed by Director Prosecution under the administrative control of Home Department in the State, has been prescribed.
Community Service as new form of punishment in .
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