Bnss Series: Timelines Under Bnss

INTRODUCTION:-

The overhaul of criminal laws, particularly the enactment of the Bharatiya Nagarik Suraksha Sanhita has been driven by a pivotal objective: the establishment of a time-bound justice delivery system. Recognizing the need to address delays in investigation and trial processes, the BNSS introduces specific and stringent timelines to streamline legal proceedings. Key provisions highlight the commitment to expeditious justice, including the completion of committal proceedings within 90 days, supplying accused and victims with necessary documents within 14 days, allowing the accused to seek discharge within 60 days of committal, framing charges within 60 days of the first hearing, and ensuring judgments of acquittal or conviction within 30 days of completing arguments. This proactive approach, promoting day-to-day trial or inquiry and limiting adjournments, stands as a crucial and welcome change, particularly given the current challenges of trial backlog and pending cases in the country.

SECTION 173:-

This section outlines the procedure for handling information related to the commission of a cognizable offense punishable for three to less than seven years.

1. Initiation of Enquiry or Investigation:-

The officer in charge of a police station, with prior permission from a Deputy Superintendent of Police, can either:

1. Conduct a preliminary enquiry within fourteen days to determine if there is a prima facie case.
2. Proceed with a full-fledged investigation if there is already a prima facie case.

2. Aggrieved Person's Recourse:-

1. 1. If the officer in charge of a police station refuses to record the information about the cognizable offense, the aggrieved person can send the information in writing to the concerned Superintendent of Police.
   2. The Superintendent of Police, upon satisfaction that the information discloses a cognizable offense, has the authority to either investigate the case personally or direct an investigation by a subordinate police officer as per the provisions of the Sanhita.
2. Magistrate's Intervention:-

If the Superintendent of Police fails to take appropriate action, the aggrieved person has the option to make an application under sub-section (3) of section 175 to the Magistrate.

SECTION 230:-

Section 230 of the Bharatiya Nyaya Sanhita, 2023 addresses the severe consequences for giving or fabricating false evidence with the intention of causing someone to be wrongly convicted of a capital offense in India.

1. False Evidence Leading to Conviction:-

• If someone provides or creates false evidence with the intent to secure the conviction of a person for a capital offense (punishable by death penalty), they can face punishment.
• The punishment includes imprisonment for life or rigorous imprisonment for a maximum of ten years.
• Additionally, the individual can be fined up to fifty thousand rupees.

2. Consequences of an Innocent Person's Execution:-

• If, due to the false evidence mentioned in subsection (1), an innocent person is wrongfully convicted and executed, the person responsible for providing such false evidence faces severe consequences.
• They can be punished with death or the punishment specified in subsection (1) – life imprisonment or rigorous imprisonment for up to ten years.

SECTION 232:-

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure when a case is brought before a Magistrate, and it becomes evident that the offense is exclusively triable by the Court of Session. In such a scenario:

(a) The Magistrate must commit the case to the Court of Session after following the requirements of section 230 or 231. The accused may be remanded to custody until this commitment is completed.

(b) The Magistrate, adhering to the bail provisions in the Sanhita, can remand the accused to custody throughout the trial.

(c) The Magistrate should send the case record, along with relevant documents and articles for evidence, to the Court of Session.

(d) The Public Prosecutor must be notified about the commitment of the case to the Court of Session.

There are time constraints specified, mandating that these proceedings be concluded within ninety days from the date of taking cognizance. The Magistrate can extend this period for up to one hundred and eighty days, with written reasons. Additionally, any application filed by the accused, victim, or an authorized person in a case triable by the Court of Session will be forwarded to the Court of Session along with the case commitment.

SECTION 250:-

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the process of discharge, allowing the accused to apply for it within sixty days from the date of the case being committed to the Court of Session under section 232.

1. Accused's Application for Discharge:-

The accused has the right to submit an application for discharge within sixty days from the date when the case is committed to the Court of Session under section 232. This provides an opportunity for the accused to seek dismissal of the charges.

2. Judge's Consideration and Decision:-

• • The Judge, after considering the case record, accompanying documents, and hearing both the accused and the prosecution, evaluates whether there is sufficient grounds to proceed against the accused.
  • If the Judge determines that there isn't enough justification to continue the case, the accused is discharged. The Judge is required to record the reasons for this decision.

SECTION 258:-

Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the process of delivering a judgment of acquittal or conviction.

1. Judgment Timing:-

• • After the completion of arguments and consideration of legal points, if any, the Judge is required to deliver a judgment in the case as promptly as possible.
  • The judgment should be given within thirty days from the date of completing arguments. However, this period can be extended to forty-five days for specific reasons.

2. Conviction Procedure:-

• • If the accused is found guilty (convicted), the Judge, unless opting for proceedings under section 401, proceeds to hear the accused on matters related to the sentence.
  • Subsequently, the Judge passes the sentence on the accused in accordance with the applicable legal provisions.

SECTION 263:-

Section 263 of the BNSS pertains to the process of framing charges against an accused.

1. Evaluation by the Magistrate:-

After considering the evidence, conducting any necessary examination, and holding a hearing, if the Magistrate believes there are grounds to presume that the accused has committed an offense under this Chapter, and the Magistrate is competent to try it, the next steps are outlined.

2. Charge Framing:-

• Within sixty days from the date of the first hearing on the charge, the Magistrate is required to formally frame a written charge against the accused.
• The charge is essentially a formal statement specifying the offense the accused is alleged to have committed.

3. Communication with the Accused:-

• • Once the charge is framed, it must be read and explained to the accused in a language they understand.
  • The accused is then asked to enter their plea – whether they plead guilty to the offense charged or claim to be tried.

SECTION 346:-

Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with the power of the Court to postpone or adjourn proceedings during an inquiry or trial.

1. Continuity of Proceedings:-

By default, proceedings in an inquiry or trial should be carried out day-to-day until all witnesses have been examined. However, the court can adjourn if it finds it necessary, and reasons for the adjournment must be recorded.

2. Specific Timeframe for Certain Offenses:-

For offenses specified in sections 64, 65, 66, 67, 68, 70, or 71 of the Bharatiya Nyaya Sanhita, 2023, the inquiry or trial must be completed within two months from the date of filing the charge sheet.

3. Postponement or Adjournment by the Court:-

3. • The Court, after taking cognizance of an offense, can postpone or adjourn an inquiry or trial as deemed necessary, with reasons recorded.
   • Accused individuals may be remanded into custody by a warrant, but the term of remand should not exceed fifteen days at a time.
4. Conditions for Adjournment:-
   • Adjournments are generally discouraged, especially when witnesses are present, except for special recorded reasons.
   • Specific conditions are outlined for granting adjournments, limiting the number of adjournments, and preventing adjournments solely for the accused to contest the proposed sentence.
5. Exceptions:-

1. Special Reasons for Adjournment: The general rule is that no adjournment should be granted when witnesses are in attendance without examining them. However, the section acknowledges that there may be special reasons where the court, in writing, records the need for adjournment without immediate examination of witnesses.
2. Adjournment at the Request of a Party: Generally, no adjournment should be granted at the request of a party unless circumstances are beyond their control. This places a responsibility on parties to ensure their readiness for proceedings.
3. Limitation on Adjournments: Even if circumstances are beyond a party's control, not more than two adjournments may be granted by the court. This limitation is imposed to ensure the expeditious progress of legal proceedings.
4. Advocate Engagement in Another Court: The fact that the advocate of a party is engaged in another court is explicitly mentioned as not being a ground for adjournment. This emphasizes the importance of effective case management and coordination by legal representatives.
5. Witness Presence Without Party or Advocate: If a witness is present in court, but the party or their advocate is absent or not ready to examine or cross-examine the witness, the court has the discretion to record the statement of the witness and pass suitable orders. This provision aims to prevent unnecessary delays.

These exceptions underscore the principle of expeditious legal proceedings, emphasizing that adjournments should be the exception rather than the norm. The court is expected to exercise discretion judiciously, ensuring a fair balance between the interests of justice and the need for efficiency in the legal process.

6. Explanation on Remand:-

Remand of an accused may be justified if there is a suspicion that the accused may have committed an offense, and further evidence could be obtained through remand.

7. Costs and Terms of Adjournment:-

The terms for adjournment may include the payment of costs by either the prosecution or the accused, depending on the circumstances.

COMAPRING BNSS TO CrPC:-