The legal framework in India has seen significant transformations over the years to adapt to changing times and technological advancements. One such instance is the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023, which aims to modernize and streamline various aspects of criminal procedure. A notable section worth comparing is Section 230 of this new legislation with its predecessor, Section 207 of the Code of Criminal Procedure, 1973. This comparison reveals both substantive and procedural changes designed to enhance the efficiency and accessibility of the legal process.

Key Differences in Document References and Scope

Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 230):

1. Updated Section References:
   • The First Information Report (FIR) is now referenced under Section 173 instead of the previous Section 154.
   • Statements recorded under subsection (3) of Section 180, rather than subsection (3) of Section 161.
   • Confessions and statements recorded under Section 183, instead of Section 164.
   • Documents forwarded to the Magistrate under subsection (6) of Section 193, compared to subsection (5) of Section 173 in the earlier law.

Code of Criminal Procedure, 1973 (Section 207):

1. Original Section References:
   • FIR recorded under Section 154.
   • Statements under subsection (3) of Section 161.
   • Confessions and statements under Section 164.
   • Documents forwarded under subsection (5) of Section 173.

The updating of section references in the Bharatiya Nagarik Suraksha Sanhita signifies an attempt to reorganize and clarify the procedural aspects of criminal investigations and trials. This reorganization aims to create a more coherent and systematic approach to handling criminal cases.

Inclusion of Electronic Means

A significant innovation in Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the explicit mention of electronic means for furnishing documents. The provision states:

“Provided also that supply of documents in electronic form shall be considered as duly furnished.”

This inclusion reflects the growing recognition of digital transformation in legal processes. By allowing documents to be furnished electronically, the new law aims to expedite the delivery of justice, reduce physical paperwork, and make the legal process more accessible and efficient.

Specificity on Exclusions and Inspections

Another critical difference lies in the specificity regarding exclusions and inspections:

Bharatiya Nagarik Suraksha Sanhita, 2023:

• Statements excluded must be requested under subsection (7) of Section 193.
• The Magistrate has the authority to direct that voluminous documents be inspected personally or through an advocate in court.

Code of Criminal Procedure, 1973:

• Exclusions are made under subsection (6) of Section 173.
• Similar provisions for the inspection of voluminous documents but without the explicit detail found in the 2023 legislation.

The new law’s detailed approach ensures that all parties have clear guidelines on how exclusions and inspections are to be handled, potentially reducing ambiguity and enhancing the fairness of the judicial process.

Enhanced Procedural Clarity

The updated legislation introduces several procedural enhancements aimed at improving the clarity and effectiveness of criminal proceedings. These include:

• Timeliness: The Magistrate is required to furnish documents to the accused and the victim without delay, and no later than fourteen days from the appearance of the accused.
• Document Specificity: Detailed listings of the types of documents to be provided, ensuring that all relevant information is made available promptly.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita, 2023, represents a significant step forward in modernizing India’s criminal justice system. By comparing Section 230 with the corresponding Section 207 of the Code of Criminal Procedure, 1973, we see clear advancements in the handling and delivery of legal documents. These changes not only reflect a more organized legal framework but also embrace technological advancements to ensure timely and efficient administration of justice.

As legal practitioners and scholars continue to analyze and adapt to these changes, the ultimate goal remains the same: to uphold the principles of justice, fairness, and transparency in the criminal justice system.

More Such Comparison coming up soon. Stay Tuned.

Advocate Jayendra Dubey

Do you have any question related to BNSS or CRPC? You can reach me at: advdubeyjayendra@gmail.com
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