BNSS 2023: Gujarat prosecutors to oversee police probes

With the new criminal laws effectively replacing the colonial Indian Penal Code and Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), this month, you might be wondering what they mean for law and order in Gujarat.

The Directorate of Prosecution in Gujarat has summarised key points of the new criminal laws effective from July 1, 2024. These laws, including the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, Bharatiya Nyaya Sanhita (BNS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023, introduce significant changes to the state's legal landscape.

For instance, Section 20 of BNSS 2023, which is the new civil defence code, gives the Directorate of Prosecution the authority to examine and analyse police investigation reports. This new oversight aims to ensure that legal provisions are followed in police charge sheets.

Interestingly, BNSS 2023—which essentially replaces the CrPC—empowers district superintendents of police with the powers of executive magistrate during riots, allowing for quicker decision-making in crises.

Meanwhile, BNS 2023, or the Indian judicial code, addresses various crimes, including gang rape, crimes against children, treason, obstruction of government proceedings, love jihad (where the word love jihad is not mentioned in the law but in different states it is), mob lynching, organized crime, and terrorist activities. It also covers procedural aspects such as complaints, arrests, remands, bail, forensics and charge sheets.

The third new law, BSA 2023, which deals with evidence, is aimed at modernising evidence collection and admissibility rules to align with technological advancements and contemporary legal needs.

Rakesh Rao, Deputy Director of Prosecution, prepared this information to assist investigating officers across the state. The State Additional Director General of Police, Training, has circulated these details to all Commissioners of Police, heads of training institutes, and Superintendents of Police.

These reforms represent a significant shift in Gujarat's approach to criminal justice, potentially impacting how investigations are conducted and overseen in the state.

Salient points to remember:

1. The Directorate of Prosecution can now examine, analyse, and oversee police investigation reports under Section 20 of BNSS 2023.

2. District Superintendents of Police will have Executive Magistrate powers during riots.

3. The BNS 2023 covers various crimes including gang rape, crimes against children, treason, organized crime, and terrorist activities.

4. The BNSS 2023 addresses procedural aspects like complaints, remands, bail, and charge sheets.