🧾 Procedural Reforms in Investigation under Bharatiya Nyaya Sanhita (BNS), 2023

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📘 Overview

The Bharatiya Nyaya Sanhita (BNS), 2023) along with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduces significant procedural reforms to the investigation process in criminal cases in India. These reforms aim to make the criminal justice system more transparent, time-bound, tech-enabled and victim-friendly, while ensuring fairness to the accused.

This topic focuses on how investigation procedures have changed or been improved under the new legal framework.

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🔍 What These Changes Mean

✅ For the Police

Must act faster and more transparently

Accountability due to tech-enabled processes (CCTV, body cams)

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✅ For the Victim

Empowered to track case progress

Can submit complaints online or digitally

More secure and sensitive handling of gender-based and vulnerable victim cases

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✅ For the Accused

Receives fair opportunity to defend

Access to digital records

Protection from arbitrary delays

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📌 Example Scenario

Old System (IPC/CrPC): A woman goes to a police station in a different city to report rape. FIR is denied due to "lack of jurisdiction".

New System (BNSS): She can file a Zero FIR at any police station or even online and the case will be transferred to the correct jurisdiction, but investigation begins immediately.

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✅ Conclusion

The BNS/BNSS framework introduces a modern, efficient and humane approach to investigation in criminal cases. These procedural reforms ensure speedy justice, protection of rights and increased public trust in the justice system by combining legal accountability with digital technology.

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🧾 Inclusion of Organized Crime under Bharatiya Nyaya Sanhita (BNS), 2023

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📘 Overview

The Bharatiya Nyaya Sanhita (BNS), 2023) explicitly recognizes "organized crime" as a distinct offense — a major legal development compared to the Indian Penal Code (IPC), 1860, which had no standalone definition or comprehensive provision for it.

This inclusion addresses the growing threat of criminal syndicates, mafia networks, terrorist gangs and crime rings involved in systematic, repeat and coordinated illegal activities.

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⚖️ Relevant Provision: Section 111 of BNS, 2023

Section 111 of the BNS defines and penalizes organized crime, making it a special category offense, with enhanced punishments and broader liability — including commanders, financiers and facilitators of such activities.

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🔍 What is "Organized Crime"?

Organized crime is defined as:

"Any continuing unlawful activity by an individual, singly or jointly, as a member of an organized crime syndicate, either by use of violence, threat of violence, intimidation, coercion or other unlawful means, with the objective of gaining pecuniary benefit, or promoting insurgency."

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✅ This definition covers:

Extortion rackets

Drug trafficking

Terror funding

Smuggling rings

Land mafia

Cyber syndicates

Organized kidnapping/contract killing

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📌 Example Scenario

A gang involved in systematically extorting money from local shopkeepers and using violence to control an area would now fall under Section 111 as part of an organized crime syndicate, even if different members commit different acts.

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📢 Why It Matters

India lacked a national legal framework for dealing with organized crime; only a few states (like Maharashtra under MCOCA) had separate laws.

Now, with Section 111 BNS, there is a uniform provision applicable nationwide.

Helps tackle urban gang wars, criminal-political nexus and mafia-type activities.

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✅ Conclusion

The inclusion of organized crime as a distinct offense in BNS, 2023, is a critical modernization of India's criminal law. It empowers authorities to tackle complex, large-scale criminal networks, closes loopholes in prosecution and ensures severe punishment for systemic lawbreakers.

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🧾 Provision for Trial In Absentia of Proclaimed Offenders under Bharatiya Nyaya Sanhita (BNS), 2023

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📘 Overview

The Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 together introduce a critical new reform: the provision for trial in absentia (i.e., trial in the absence of the accused), specifically in cases involving proclaimed offenders.

This is a major shift from earlier procedures under the Criminal Procedure Code (CrPC), 1973, where an accused must be present for trial and proceedings could not continue indefinitely if they absconded. This allowed many high-profile criminals to escape justice by fleeing or avoiding court appearances.

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⚖️ Legal Basis: Section 356 of BNSS, 2023

Section 356 empowers the court to conduct the trial of a proclaimed offender even in their absence, provided certain legal conditions are met.

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🔍 Who is a Proclaimed Offender?

A proclaimed offender is a person:

Against whom an arrest warrant has been issued,

Who has absconded or is in hiding, and

Who is declared as such by a court under Section 84 of BNSS (equivalent to Section 82 of CrPC).

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📌 Procedure under Section 356

Proclamation issued under Section 84.

If the accused does not appear within the specified time (usually 30 days), the court:

Declares the person as a proclaimed offender,

Can begin trial proceedings in their absence.

Public notice is given.

If the accused does not appear, the trial continues.

If they appear later, they can apply for recall or re-trial (with discretion of the court).

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📢 Safeguards to Prevent Misuse

Only proclaimed offenders can be tried in absentia.

The court must record reasons.

The accused has the right to rejoin proceedings and seek legal remedy.

The state must prove the case beyond reasonable doubt, even without the accused present.

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📌 Example Scenario

Suppose a person commits a large-scale financial fraud and flees the country after an arrest warrant is issued. Under earlier laws, courts had to wait indefinitely.

Under BNSS Section 356, the court can now proclaim the person as a proclaimed offender and proceed with the trial in their absence, issue a verdict and attach property or sentence in absentia.

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✅ Conclusion

Section 356 of BNSS, 2023, marks a significant shift towards ensuring timely justice, especially in an era where economic offenses and cross-border crime are rampant. The trial in absentia provision balances the rights of the accused with the need to prevent abuse of process, ensuring that justice is neither delayed nor denied.

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🧾 Summary Trials under Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

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📘 Overview

Summary trials are a form of simplified, fast-track criminal trials used for minor offenses. They are designed to reduce the burden on the judiciary, avoid unnecessary procedural delays and ensure swift justice in petty cases.

The Bharatiya Nyaya Sanhita (BNS), 2023, and its procedural counterpart, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, continue and expand the scope for summary trials, making the criminal justice system more efficient and citizen-friendly.

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⚖️ Legal Basis: Sections 283 to 288 of BNSS, 2023

These sections correspond to Sections 260–265 of the old Criminal Procedure Code (CrPC), 1973, but with some procedural improvements and clarity.

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🔍 What is a Summary Trial?

A summary trial is a shortened legal procedure for petty and less serious criminal offenses, where:

The record of proceedings is brief.

Fewer witnesses are examined.

The trial is concluded quickly.

Lesser sentences are involved.

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📌 Categories of Offenses Suitable for Summary Trials

Some examples include:

Theft (under ₹5,000)

Public nuisance

Simple hurt

Defamation

Mischief

Minor cases of trespass

Disobedience of public servant's orders

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📜 Procedure under Summary Trials

Magistrate takes cognizance of a petty offense.

Accused is summoned and evidence is recorded briefly.

Witnesses may be limited to avoid delay.

The entire record is concise — key facts, evidence summary and judgment.

Judgment is passed quickly (ideally same or next day).

Appeal rights are restricted for speedy disposal.

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📢 Judicial Discretion

Even if an offense is eligible for summary trial, the Magistrate may choose not to use it and convert it into a regular trial if:

The case appears complicated,

The accused has a criminal background, or

The interests of justice require a full trial.

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⚠️ Safeguards

The accused must be informed that the case is being tried summarily.

The Magistrate must ensure fairness and non-coercion.

Legal representation must be allowed.

No major sentence can be imposed beyond 3 months without converting the case.

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📌 Example Scenario

A man is caught stealing fruits from a local vendor worth ₹400.

→ The Magistrate takes summary cognizance, records brief facts, hears one witness (vendor) and fines the offender ₹500 the same day.

→ Case closed without formal jail or long proceedings.

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✅ Conclusion

Summary trials under BNSS reflect India’s movement toward a faster and more responsive criminal justice system. They serve the dual goals of speed and fairness, ensuring that minor cases don’t clog the system, while maintaining safeguards for the accused.

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