INDIA Trends and Developments Contributed by: Sidharth Luthra, Aayushi Sharma Khazanchi and Sheezan Hashmi, Chambers of Sidharth Luthra
• the Indian Penal Code, 1860 (IPC) was replaced by Bhartiya Nyaya Sanhita, 2023 (45 of 2023); and • the Indian Evidence Act, 1872 was replaced by Bhartiya Sakshya Adhiniyam, 2023 (Act 47 of 2023). The key changes brought about by these laws are set out below. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) The BNSS 2023 replaces the CrPC and seeks to establish greater efficiency in tackling the chal- lenges of complex procedures, case pendency, low conviction rates, the slow rate in the adop- tion of technology, inadequate use of forensics and delayed delivery of justice. It retains most features of the CrPC, while aiming to reduce trial duration, enhance the investigatory powers of the police, and implement timelines for proce- dures. The CrPC contained 528 Sections, two Sched- ules and 56 forms, while the BNSS 2023 consists of 531 Sections, two Schedules and 58 forms. Prominent changes brought about by the BNSS 2023 The BNSS 2023 introduces the following key safeguards: • definitions of “audio-video electronic means” and “electronic communication”; • mandating videography of search and seizure processes, and the presence of witnesses secured by their signing; • mandatory forensic investigation for offences punishable with imprisonment of seven years or more; • mandatory audio-video recording of a search without a warrant;
• conducting trials and pronouncing judgments ex parte against absconding offenders is now permitted; • aged or infirm persons and those above the age of 60 are protected from arrest for offences punishable with less than three years’ imprisonment; • summons are now issuable in encrypted or any other form of electronic communication; • summons can be served on “some adult member” of a family residing with the sum- moned person, removing a gender restriction which previously existed; • police reports, first information reports (FIR), statements, confessions and other docu- ments can be served to the accused and the victim via “electronic communication”; • a person can be declared a proclaimed offender (one who absconds from trial/ court proceedings) for offences punishable with imprisonment of ten years or more, life imprisonment or death; • searches and seizures are to be recorded through “audio-video electronic” means, pref- erably by cell phone; • statements by persons acquainted with the facts and circumstances of a case (ie, wit- nesses) are to be recorded by “audio-video electronic” means; and • the territorial jurisdiction of the offence of cheating is widened, by means of electronic communications or letters or telecommunica- tion messages, to be inquired into or tried by any court. Other important provisions • Reliance on technology for the issuance and service of summons by a court through electronic communication has been permitted (Sections 63, 64 and 65). • Upon written request from an officer not below the rank of Superintendent of Police or
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