Key Changes in Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 {Part 2}

·      
Medical examination of rape victim: Within 7 days (changed from “without delay”)

·      
Further investigation during trial: 90
days

·      
Inquest report: Within 24 hours

·      
Non-cognizable offence information: Fortnightly
basis

Other Procedural Timelines

·      
Nuisance removal proceedings: 90
days.

·      
Property disposal orders: 30
days

·      
Compensation to innocent purchaser: 6
months

·      
Deemed sanction for public servant
prosecution: 120 days (if no decision)

2. Changes in Arrest and Remand
Procedures

Remand Changes (Critical Topic)

·      
New custody language: Magistrate can order detention
“as thinks fit” for up to 15
days within the initial 40/60 days

·      
Potential concern: Removal of phrase “otherwise
than in custody of police” may allow extended police custody

·      
House arrest eliminated: New proviso explicitly prohibits
house arrest – only police station, judicial custody, or declared prisons
allowed

Other Arrest-Related Changes

·      
Handcuff provisions: Formal reintroduction of handcuff
usage (Section 43(3))

·      
Sample collection: Magistrate can order fingerprints,
voice samples, handwriting from non-arrested persons

3. Trial Procedure Modifications

Expediting Trials

·      
Evidence recording: Court can secure attendance of successor officer if original officer
unavailable

·      
Summary trial expansion: Offences with up to 3 years imprisonment (previously
limited scope)

·      
Joint charging: Up to 5 offences of same kind can be charged together (increased from 3)

·      
Adjournment limits: Maximum 2 adjournments for circumstances beyond party control

Discharge and Acquittal

·      
Groundless accusations: Magistrate can discharge accused with
recorded reasons

·      
Discharge application: Must be filed within 60 days of committal

·      
Evidence closure: Can close prosecution evidence if
witnesses don’t appear despite reasonable measures

4. Sentencing and Remission Changes

Commutation Restrictions

·      
Death sentence: Can only be commuted to life imprisonment (not any punishment)

·      
Life/rigorous imprisonment: Cannot be commuted to fine alone

Remission Process

·      
State-Centre relation: Changed from “consultation”
to “concurrence” with
Central government

5. Recognition of Other Laws and
Agencies

·      
Central agencies: Explicit recognition in prisoner
notifications

·      
Special judges: Recognition of judges under NDPS Act,
POCSO Act, etc.

·      
Agency references: Replaced “Delhi Special Police
Establishment Act” with “any agency under any Central Act”

6. Property and Seizure Powers

·      
New seizure powers: Section 107 gives police vast powers
to seize and forfeit property suspected in criminal activity

·      
Time-bound disposal: Property disposal orders within 30
days

Memory Tips for Interview

Numbers to Remember

·      
90 days: Committal, nuisance removal, further investigation

·      
60 days: Charge framing, discharge application, judgment extension

·      
30 days: Judgment delivery, property disposal

·      
14/7 days: Chargesheet copy/judgment upload

·      
120 days: Deemed sanction timeline

·      
3 years: Summary trial limit

·      
5 offences: Joint charging limit

Key Conceptual Changes

1.       Speed
focus: Most changes aim at faster
trials

2.       Time-bound
everything:
Specific deadlines for most procedures

3.       Stricter
remand: Potential for longer police
custody

4.      No house
arrest: Only institutional custody
allowed

5.       Limited
commutation: Fewer
options for sentence reduction

6.      Central
control: More Centre involvement in
state matters

Potential Interview Questions

·      
“What
are the main objectives of BNSS 2023?”

·      
“How
does BNSS address trial delays?”

·      
“What
concerns exist about the new remand provisions?”

·      
“How
has the relationship between state and central government changed?”

This framework covers the essential
changes while maintaining focus on practical implementation issues that would
concern a district judge.