This article has neem written by Yashika Gupta, a final-year law student pursuing a B.A. LL.B. at the Sardar Patel Subharti Institute of Law.
Abstract
The Bhartiya Nyaya Suraksha Sanhita, 2023 is a bill or code of laws and rules for administering and regulating the acts by various provisions of the Code. The acts administered by BNSS are criminal acts, which are prevented and prohibited under law. If such acts are committed, they are considered offenses under the provisions of Criminal Laws, and such offensive behavior is punishable under the provisions of BNSS, either committed by an individual or a group of people who intend to do so.
Earlier, the Criminal Procedure Code (CrPC) was the law that regulated criminal acts, but CrPC was replaced by BNSS in 2023 to regulate criminal laws effectively and efficiently, to be precise and accountable at the same time while giving the verdict to both, the Accused or the Victim. This legal framework has structured steps and a method to initiate the proceedings to hear, trial, and resolve the case, ensuring fairness, speed, and transparency by following the procedure and proceedings clearly. The Code provides a legal mechanism for ‘Vulnerable and Marginalized people of society’. This Code is designed to address various forms of atrocities, human rights violations, and discrimination based on caste, ethnicity, gender, economic, and social status. So, the act provides various proceedings to address the issues, especially in the cases of human rights violations, for vulnerable and marginalized groups.
Keywords: Atrocities, Human Rights Violation, Accused, Victim, Accountable, Transparency
Introduction
What is the Meaning of Condition Requisite for the Initiation of Proceedings Under BNSS?
The condition requisite under BNSS refers to the conditions required to initiate the proceedings under BNSS to hear any case, proceed with the trial, and adjudicate the case. The proceedings can be initiated under BNSS for the hearing of any case under specific circumstances and conditions only. The condition exists where an atrocity[1] has been committed against an individual from a vulnerable and marginalized group. If any sort of violation has been committed against humanity or if any human right has been violated. When any heinous or grievous hurt is caused to an individual by any person or group of persons with malicious intent. When the fundamental rights of any person are violated and infringed. Under criminal law, there are various offenses that are considered as conditions under which proceedings can be initiated under BNSS, such as murder, rape, kidnapping, extortion, dacoity, etc. The proceedings should be done with high integrity by the person authorized to do so or the one who shall have deep knowledge about the particular issue, case, or offense. The proceedings should be initiated with a commitment to take the case toward the eye of justice, and the case should be presented before the Court of Law and the Judges who have jurisdiction and the deterrent power to adjudicate the case. One more condition is that the case should be adjudicated by the Court and the respective Judges after witnessing all the evidence properly, clearly, and being accountable to both parties, either the accused or the victim of the case.
Crucial Conditions Requisite for Initiation of Proceedings Under BNSS
There are various conditions required for the initiation of proceedings under BNSS, as follows:
1)Nature of the Offense
To begin legal proceedings under the Bhartiya Nyaya Suraksha Sanhita, 2023, the offense in question must fall under serious violations such as atrocities, human rights abuses[2], or other crimes that threaten an individual’s dignity and safety. This broad definition ensures that the law addresses a wide range of crimes, from physical assaults to more subtle forms of discrimination.
2)Types of Atrocities Covered
The Act focuses on severe acts of injustice, such as:
Physical Violence[3]: This includes serious crimes like rape, murder, assault, and kidnapping, particularly when such acts target someone because of their caste, ethnicity, or social status.
Economic Exploitation: The Act stands against forced labor, child labor, and economic abuse, where individuals are coerced into hard labor without fair compensation.
Social Exclusion: The law works to prevent people from being denied basic services like education, healthcare, or access to public spaces due to their background or identity.
Caste-Based Violence: The Act combats practices like untouchability, segregation, and the denial of resources based on caste.
Property-Related Offenses: The law protects against unlawful evictions, land grabs, or illegal property dealings by powerful individuals or groups.
3)Filing a Formal Complaint[4]
Once an offense occurs, a formal complaint must be filed to begin the legal process. Under this law, either the victim or a representative can file the complaint to set the legal machinery in motion. This step ensures that authorities are made aware of the injustice.
Who Can File the Complaint?
- Victim: Ideally, the victim should file the complaint themselves. However, the law understands that circumstances such as fear, disability, or threats might prevent this. Therefore, a representative can step in to file on behalf of the victim.
- Representatives: These can be family members, community leaders, or even social workers. This provision ensures that if the victim cannot come forward, others who care about their well-being can still ensure justice is served.
Why is the Complaint Important?
A formal complaint is the legal step that initiates the entire process. It’s critical for several reasons:
- Starting the Investigation: Without a complaint, the authorities may not act. It signals to the police that a crime has been committed.
- Establishing Charges: The complaint acts as the base for forming formal charges against the accused. If the evidence supports the case, it leads to criminal charges.
- Ensuring Accountability: Filing a complaint ensures that the victim’s story is officially recorded, making the process more transparent.
4)Investigation and Preliminary Inquiry
Once the complaint is filed, a thorough investigation should begin promptly. The Bhartiya Nyaya Suraksha Sanhita, 2023 ensures that investigations are time-bound to prevent unnecessary delays and ensure justice is served quickly. The investigation process is governed by specific principles:
- Time-Specified Investigation: The Act ensures that cases of atrocities are investigated without delay. This prevents evidence from deteriorating and ensures victims aren’t left waiting for long periods, which could also lead to threats or intimidation.
- Investigation Officer’s Eligibility: Since these offenses are serious, investigations must be carried out by officers of the appropriate rank. Higher-level officers or specialized teams may be assigned to handle particularly sensitive or high-profile cases to ensure the investigation is thorough and unbiased.
- Collection of Evidence: The police must collect various forms of evidence, including physical evidence, medical reports, forensic evidence, and victim statements. This evidence strengthens the case and supports the victim’s allegations when the case moves to court.
- Initial Inquiry: In some cases, an initial inquiry may be necessary to determine if there is enough evidence to proceed with a full investigation. If the inquiry finds insufficient evidence, the case might be dismissed. However, if there is enough basis for the allegations, a full investigation follows.
Jurisdiction and Court Authority
Once the investigation is complete and a charge sheet is prepared, the next step is to bring the case before the correct court or tribunal. The court’s jurisdiction is essential to ensure that the case is heard in a forum that can properly address it. The court should have the jurisdiction to hear the case and begin the proceedings.
Penalties for False Complaints
If someone files a complaint maliciously, intending to harm or falsely accuse someone, the law imposes penalties on them. This ensures that the judicial system is not misused for personal vendettas.
Protection of Victims and Witnesses
Victims and witnesses involved in atrocities often face threats of intimidation or violence. The Bhartiya Nyaya Suraksha Sanhita, 2023 provides mechanisms to protect both victims and witnesses during the legal process:
- Security Measures: The law provides physical security to individuals at risk, such as police protection or relocation, to ensure their safety throughout the investigation and trial process.
- Confidentiality: In some cases, where public exposure might endanger the safety of the victim or witness, the Act allows for anonymity during proceedings.
- Statutory Time Limits for Filing Complaints
The Bhartiya Nyaya Suraksha Sanhita, 2023 also sets specific time limits for filing complaints, ensuring that the legal process is initiated without unnecessary delay and preventing crucial evidence from being lost.
Case Laws
1 State of Bihar vs J.A.C Saldanha[5]
The Supreme Court held that the evidence must be collected in accordance with the law while initiating proceedings before filing the FIR in cases of cognizance offenses and vague allegations.
2 R.S Shukla vs State of U.P[6]
The Supreme Court held that the police officers must fulfill their duties and accomplish their responsibilities according to the power and authority they have been granted. They must not misuse the powers given to them.
3 Lalita Kumari vs Government of U.P[7]
The Supreme Court held that the police officer must immediately file an FIR when details are provided, with no delay in the conduct of further proceedings, especially in cases of cognizance offenses.
Conclusion
The Bhartiya Nyaya Suraksha Sanhita, 2023 is an act that regulates and administers laws when atrocities are committed or violations of human rights occur against innocent individuals. It has replaced the Criminal Procedure Code of 1973, offering a more robust mechanism for resolving cases related to humanity and morality, safeguarding the dignity of both the accused and the victim. BNSS operates in alignment with the principles and policies of the Indian legal system, addressing the needs of citizens and relevant stakeholders in legal proceedings. The law was enforced specifically to protect vulnerable and marginalized groups, ensuring they receive justice in cases of human rights violations. Several conditions are required to initiate proceedings, such as knowledge about the nature of the offense, filing complaints with eligible police officers, and ensuring the case is adjudicated by the competent court. The process includes investigating, collecting evidence, offering protection to victims and witnesses, and ensuring timely proceedings. The implementation of BNSS aims to deliver justice in an efficient, transparent, and accountable manner.
Suggestions
- Protection for victims and witnesses should be strengthened further.
- Investigations must be initiated promptly to avoid delays.
- Police officers and investigators should receive more advanced training to handle sensitive cases effectively.
- Greater emphasis should be placed on ensuring that legal provisions of BNSS are applied uniformly across various types of offenses.
- More detailed provisions should be outlined to distinguish how BNSS differs from the previous Criminal Procedure Code (CrPC) and what significant changes are introduced.
References
https://www.liiofindia.org/
https://legislative.gov.in/https://www.livelaw.in/
https://www.barandbench.com/
[1] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pub. L. No. 33 of 1989
[2] Bhartiya Nyaya Suraksha Sanhita, 2023, [sec 46,56, 187] (India).
[3] Bhartiya Nyaya Suraksha Sanhita, 2023, [sec 144, 163, 173] (India).
[4] Bhartiya Nyaya Suraksha Sanhita, 2023, [sec.223] (India).
[5] State of Bihar vs J.A.C Saldanha (1980) 1 SCC 554
[6] R.S Shukla vs State of U.P (1999) 8 SCC 479
[7] Lalita Kumari vs Government of U.P(2014) 2 SCC 1