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STATEMENT OF OBJECTS AND REASONS

Bharatiya Nagarik Suraksha Sanhita, 2023 · source PDF pages 282

Source citation: STATEMENT OF OBJECTS AND REASONS, Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Source appendix, Central source snapshot, source PDF pp. 282; snapshot SHA256 572c79880b9f8effc8fa6e39b864101835a0fb5d85b194b90a99d170121a0562 (current applicability unverified)

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                             STATEMENT OF OBJECTS AND REASONS
   The Code of Criminal Procedure, 1973 regulates the procedure for arrest, investigation, inquiry and trial
of offences under the Indian Penal Code and under any other law governing criminal offences. The Code
provides for a mechanism for conducting trials in a criminal case. It gives the procedure for registering a
complaint, conducting a trial and passing an order, and filing an appeal against any order.
    2. Fast and efficient justice system is an essential component of good governance. However, delay in
delivery of justice due to complex legal procedures, large pendency of cases in the Courts, low conviction
rates, low level of uses of technology in legal system, delays in investigation system, complex procedures,
inadequate use of forensics are the biggest hurdles in speedy delivery of justice, which impacts poor man
adversely. In order to address these issues a citizens centric criminal procedures are need of hour.
   3. The experience of seven decades of Indian democracy calls for comprehensive review of our criminal
laws, including the Code of Criminal Procedure and adopt them in accordance with the contemporary needs
and aspirations of the people.
   4. The Government with the mantra, “Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas” is
committed to ensure speedy justice to all citizens in conformity with these constitutional democratic
aspirations. The Government is committed to make comprehensive review of the framework of criminal
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laws to provide accessible and speedy justice to all.
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    5. In view of the above, it is proposed to repeal the Code of Criminal Procedure, 1973 and enact a new
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law, namely, the Bharatiya Nagarik Suraksha Sanhita, 2023. It provides for the use of technology and
forensic sciences in the investigation of crime and furnishing and lodging of information, service of
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summons, etc., through electronic communication. Specific time-lines have been prescribed for time bound
investigation, trial and pronouncement of judgements. Citizen centric approach have been adopted for
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supply of copy of first information report to the victim and to inform them about the progress of
investigation, including by digital means. In cases where the punishment is seven years or more, the victim
shall be given an opportunity of being heard before withdrawal of the case by the Government. Summary
trial has been made mandatory for petty and less serious cases. The accused persons may be examined
through electronic means, like video conferencing. The magisterial system has also been streamlined.
   6. The Notes on Clauses explains the various provisions of the Bill.
   7. The Bill seeks to achieve the above objectives.
                                                                                             AMIT SHAH.

  NEW DELHI;
The 9th August, 2023.




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