Juridical Junction - Traversing the Crossroads of F.I.R. Legislation in CrPC, 1973 and BNSS, 2023
Tamanna Mohanty, 2nd year, LL.M (Human Rights) student at University Law College, Utkal University, Cleared UGC-NET(LAW) in Dec. 2023, Passed BA. LL.B(Hons.) in 2022
Abstract
The paper provides an overview of the legislative journey that led to the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replacing outdated criminal laws in India. It examines the provisions related to the First Information Report (FIR) within BNSS and compares them with the corresponding provisions in the Code of Criminal Procedure (CrPC), 1973. Key issues and criticisms surrounding FIRs under the BNSS are analyzed, including the authority of police to refuse registration, the introduction of exceptions, and the implementation of zero FIRs and electronic FIRs (e-FIRs). Recommendations are offered to address challenges, emphasizing the need for clarity, consistency, and alignment with technological advancements. The conclusion underscores the importance of refining the legal framework governing FIRs to ensure effective implementation, uphold constitutional principles, and safeguard the rights of all stakeholders in the criminal justice system.
Therefore, effective implementation of the BNSS, 2023, demands concerted action to refine its provisions, thereby safeguarding the rights of both victims and accused individuals while enhancing the integrity of the criminal justice system.
Keywords: Criminal law, F.I.R. (First Information Report), Bharatiya Nagarik Suraksha Sanhita (BNSS), Investigation, Cognizable offence
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