Bill No. 122 of 2023 introduces new criminal trial procedures and courts

This Bill establishes the Bharatiya Nagariak Suraksha Sanhita, 2023, to define the procedures for criminal trials, the constitution of criminal courts, and the powers of police and magistrates in India. It replaces existing procedural laws with a new framework for handling arrests, investigations, and court processes.

The law applies to criminal courts (including Courts of Session and Judicial Magistrates), police officers, public prosecutors, and individuals involved in criminal proceedings (such as accused persons, witnesses, and complainants).

• Establishes classes of Criminal Courts, including Courts of Session and Courts of Judicial Magistrates.
• Creates a Directorate of Prosecution and defines roles for Public Prosecutors and Assistant Public Prosecutors.
• Defines powers of superior police officers and duties of the public to assist magistrates and police.
• Sets procedures for arrest, including the right of an arrested person to meet an advocate during interrogation and limits on detention time (not more than 24 hours without being brought before a Magistrate).
• Outlines processes to compel appearance via summons, warrants of arrest, and proclamations for absconding persons.
• Provides powers for search-warrants, seizure of property, and recording of searches through audio-video electronic means.
• Includes provisions for reciprocal arrangements for assistance in investigations and attachment of property across borders.
• Details procedures for maintaining public order, including dispersal of unlawful assemblies and handling of public nuisances.
• Specifies police powers to prevent cognizable offences and investigate cases, including medical examination of rape victims.
• Defines jurisdiction rules for trials, including offences committed via electronic communications or outside India.

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