A Comparative Analysis: Section 156 of CrPC, 1973, and Section 175 of BNSS, 2023

A Comparative Analysis: Section 156 of CrPC, 1973, and Section 175 of BNSS, 2023

Advocate Jayendra Dubey | Uncategorized | 28th Jun 2024 | 2 Minutes

In the evolving landscape of Indian legal procedures, the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a significant milestone. This new legislation brings forth modernized practices aimed at enhancing the efficiency and accountability of the criminal justice system. A critical comparison between Section 156 of the Code of Criminal Procedure (CrPC), 1973, and Section 175 of BNSS, 2023, sheds light on the progressive changes introduced by the latter.

Section 156 of CrPC, 1973: Empowering the Police

Provision Overview:

• Subsection (1): Empowers any officer in charge of a police station to investigate any cognizable case without needing prior approval from a Magistrate.
• Subsection (2): Allows police officers to investigate offenses even if they were committed outside their territorial jurisdiction.
• Subsection (3): Enables a Magistrate to order an investigation into any case, ensuring oversight in instances where the police may not act.

Key Takeaways:

• Scope and Authority: Section 156 grants wide-ranging powers to police officers, facilitating prompt action in cognizable cases without the need for immediate judicial oversight.
• Jurisdictional Flexibility: Officers can investigate offenses outside their jurisdiction, ensuring that legal boundaries do not hinder the pursuit of justice.
• Magistrate’s Oversight: The provision for Magistrate-directed investigations acts as a safeguard against police inaction, allowing citizens to seek judicial intervention.

Section 175 of BNSS, 2023: Modernizing Investigations

Provision Overview:

• Digitalization and Modernization: Advocates for the use of digital tools and modern investigative techniques to improve efficiency and accuracy.
• Stricter Timelines: Introduces deadlines for completing investigations to ensure timely justice.
• Enhanced Accountability: Implements stronger oversight mechanisms to reduce instances of police misconduct or negligence.

Key Takeaways:

• Technological Integration: By incorporating digital tools, BNSS aims to streamline investigations, ensuring better evidence preservation and quicker case resolutions.
• Timelines: Stricter timelines prevent unnecessary delays, promoting a more efficient justice system. However, it is essential to monitor the practicality of these deadlines to avoid rushed or incomplete investigations.
• Accountability: Enhanced oversight mechanisms, such as regular audits and penalties for non-compliance, aim to ensure that police officers adhere to ethical standards and procedural requirements.

Comparative Analysis

Empowerment vs. Oversight:
CrPC Section 156: Primarily focuses on empowering police officers with broad investigative powers.
BNSS Section 175: Balances empowerment with enhanced oversight and accountability, preventing misuse of power and ensuring thorough investigations.

Technological Integration:
CrPC Section 156: Traditional in its approach, with less emphasis on modern tools.
BNSS Section 175: Embraces digital tools and modern techniques, representing a progressive shift towards a more efficient investigation process.

Timelines and Efficiency:
CrPC Section 156: Does not specify strict timelines for investigations.
BNSS Section 175: Enforces strict timelines to expedite investigations, though the implementation and adherence to these timelines need careful assessment.

Jurisdictional Flexibility:
Both sections offer flexibility in jurisdiction, but BNSS includes more structured procedures to maintain uniformity.

Conclusion

Section 156 of CrPC has been a cornerstone in empowering police officers to investigate cognizable offenses swiftly. However, its lack of emphasis on modern investigative tools and accountability has occasionally led to inefficiencies and misuse of power.

On the other hand, Section 175 of BNSS addresses these gaps by integrating digital tools, imposing stricter timelines, and enhancing oversight mechanisms. These changes aim to make the investigation process more efficient, transparent, and accountable.

The success of BNSS in revolutionizing the investigative process will hinge on its effective implementation and the ability to navigate the practical challenges that may arise.