Blog

Bharatiya Nagarik Suraksha Sanhita (BNSS 2023) is the latest landmark reform in India’s criminal justice system. Its aim is to update archaic laws while making more robust victim-centric measures. The Bharatiya Nyaya Sanhita, Bharatiya Sakshya Adhiniyam, and BNSS increase transparency and accountability in India’s legal system. The most important provision in this is that victims have the right to get free copies of FIR. While the Statement of Objects and Reasons claims a progressive, victim-focused approach, a detailed examination of Section 173(2) reveals potential shortcomings in its practical implementation.

The Evolution from the Code of Criminal Procedure (CrPC)

Under the Code of Criminal Procedure, 1973 (CrPC), Section 154(1) mandated the registration of an FIR upon receiving information about a cognizable offense. Section 154(2) further required the police to furnish a free copy of the FIR to the informant. The BNSS replaces these provisions with Sections 173(1) and 173(2), respectively, extending the scope to include victims alongside informants.

Section 173(2) of the BNSS now states that a copy of the FIR shall be given “forthwith, free of cost, to the informant or the victim.” While the intention to include victims is commendable, the phrasing raises concerns about its inclusivity. If the informant is someone other than the victim, and the informant has already received a copy, the victim may not have an unequivocal right to obtain one.

Informants and Victims: Clarifying Roles

The law does not mandate that the informant must be the victim. An FIR can be lodged by any person with knowledge of a cognizable offense, even if they were not directly involved or present at the incident. The Supreme Court, in certain cases has clarified that an informant need not have personal knowledge or be an eyewitness to the incident. The emphasis is solely on whether the information provided discloses a cognizable offense.

This flexibility is crucial, but it complicates the interplay between the rights of informants and victims under the BNSS. The use of “informant or victim” in Section 173(2) could lead to scenarios where victims are denied access to the FIR if the informant has already been furnished a copy.

The Need for Amendments

To align with the stated citizen-centric approach, experts suggest revising Section 173(2). The phrase “informant or the victim” could be replaced with “informant and the victim” to ensure both parties have equal rights to access the FIR. Alternatively, incorporating language such as “or both, as the case may be,” as recommended by the Parliamentary Standing Committee on Home Affairs (Report No. 247), would clarify the provision.

Conclusion

BNSS 2023 is a landmark in criminal justice reform in India, primarily focusing on initiatives such as giving the right of victims to free FIR copies, thus ensuring the justice system is transparent, inclusive, and focused on victims. This is also a way in which victim empowerment will enhance the public’s trust in the law framework for the establishment of an equitable society.

Also Read: How to File a Complaint for Online Banking Fraud: A Step-by-Step Guide