https://things-for-students.blogspot.com/2024/06/comparative-changes-study-section-wise.html
Creating a comparative analysis between the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and the Criminal Procedure Code (CrPC) 1973 requires an in-depth review of the entire text of both legal documents. However, I can provide a comprehensive outline and example of how to structure such a detailed analysis section-wise in a tabular format.
Comparative Analysis of BNSS 2023 and CrPC 1973
This analysis will cover the following sections:
- Introduction
- General Provisions
- Investigation
- Trial Procedures
- Appeals and Revisions
- Special Procedures
- Miscellaneous Provisions
Example of Comparative Table
1. Introduction
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Preamble | The CrPC 1973 sets out the procedure for the administration of criminal law in India. | The BNSS 2023 aims to modernize the criminal justice system, incorporating technology and citizen-centric approaches. | Emphasis on modernization and technology in BNSS 2023. |
Section 1 | Title, extent, and commencement. | Title, extent, and commencement. | Similar in structure, but the BNSS 2023 includes additional provisions for digital processes. |
2. General Provisions
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Section 2 | Definitions | Definitions | BNSS 2023 introduces new definitions related to digital processes (e.g., eFIR). |
Section 4 | Trial of offenses under the Indian Penal Code and other laws | Trial of offenses under BNSS and other laws | Updated to reflect the replacement of IPC with BNSS. |
3. Investigation
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Section 154 | Information in cognizable cases (FIR) | Information in cognizable cases (eFIR and Zero FIR) | Introduction of eFIR and Zero FIR in BNSS 2023 for enhanced accessibility and jurisdictional flexibility. |
Section 156 | Police officer’s power to investigate cognizable cases | Police officer’s power to investigate cognizable cases | BNSS 2023 includes provisions for digital evidence and online reporting. |
4. Trial Procedures
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Section 207 | Supply to the accused of copy of police report and other documents | Supply to the accused of copy of police report and other documents | BNSS 2023 includes provisions for digital delivery of documents. |
Section 235 | Judgment of acquittal or conviction | Judgment of acquittal or conviction | Similar procedures, but BNSS 2023 includes mechanisms for digital recording of judgments. |
5. Appeals and Revisions
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Section 372 | No appeal to lie unless otherwise provided | No appeal to lie unless otherwise provided | Provisions for digital submission and tracking of appeals in BNSS 2023. |
Section 397 | Calling for records to exercise powers of revision | Calling for records to exercise powers of revision | Inclusion of digital record-keeping and retrieval in BNSS 2023. |
6. Special Procedures
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Section 313 | Power to examine the accused | Power to examine the accused | BNSS 2023 allows for video conferencing for examination. |
Section 321 | Withdrawal from prosecution | Withdrawal from prosecution | Additional checks and balances introduced in BNSS 2023 for withdrawal of cases. |
7. Miscellaneous Provisions
Section | CrPC 1973 | BNSS 2023 | Key Changes |
---|
Section 482 | Saving of inherent powers of High Court | Saving of inherent powers of High Court | Similar, but BNSS 2023 emphasizes expedited digital processes. |
Section 484 | Repeal and savings | Repeal and savings | Updates to reflect the transition from CrPC to BNSS. |
Detailed Section-wise Comparative Study
For a detailed section-wise comparative study, the table would be expanded with more sections and subsections, providing specific changes, interpretations, and implications for each part. This would include:
- Detailed Provisions: Each section and subsection should be broken down to detail the specific procedural changes, terminologies introduced or altered, and the implications of these changes on the legal processes.
- Technological Integration: Highlight how BNSS 2023 incorporates technology for filing complaints, evidence collection, trials, and documentation.
- Citizen-Centric Approaches: Discuss the emphasis on making the legal process more accessible to the public through digital means.
- Jurisdictional Changes: Note any significant changes in jurisdictional procedures and their potential impact on law enforcement and judiciary efficiency.
- Transitional Provisions: Explain how existing cases and procedures under the CrPC will transition to the new BNSS framework.
Conclusion
The detailed comparative analysis would span multiple pages and sections, providing a comprehensive understanding of how BNSS 2023 updates and reforms the criminal procedure framework established by the CrPC 1973. This approach not only modernizes the process but also aims to make it more transparent, efficient, and accessible to the citizens of India.