Section 2 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is a critical provision that lays the semantic foundation for the entire procedural code. While many definitions are carried over from the CrPC, 1973, the BNSS introduces several best visible modernizations, particularly regarding technology and victim rights. These definitions are legally sound, ensuring a high degree of clarity for law enforcement and the judiciary.
Technological Modernization in Definitions
The BNSS acknowledges the digital age by explicitly defining electronic interactions, ensuring the law remains top-tier in its approach to 21st-century crime.
Audio-Video Electronic Means [Section 2(1)(a)]
Definition that broadens the scope of “presence” in a legal context.
- Scope: Includes video conferencing, recording identification processes, search and seizure, and the recording of evidence.
- Purpose: It provides the best legal backing for virtual courtrooms and digital evidence collection.
Electronic Communication [Section 2(1)(i)]
This broad definition covers information transmitted via any electronic device (telephones, computers, cameras).
- Transmission Types: Written, verbal, pictorial, or video content.
- Inclusion: It covers person-to-person, device-to-device, and person-to-device communications, making it a highly versatile tool for modern investigations.
Bail, Bonds, and Undertakings
The BNSS clarifies the terminology surrounding release from custody, which was often conflated in previous jurisprudence.
Bail, Bail Bond, and Bond [Section 2(1)(b), (d), (e)]
The Sanhita distinguishes between these three concepts to create a more visible and structured release process:
- Bail: The act of release from custody upon certain conditions.
- Bail Bond: An undertaking for release that specifically requires a surety (a third party guaranteeing the accused’s appearance).
- Bond: A personal undertaking for release without surety.
Bailable vs. Non-Bailable Offence [Section 2(1)(c)]
- Bailable: Offences listed in the First Schedule where bail is a matter of right.
- Non-Bailable: Serious offences where bail is at the discretion of the court.
Classification of Offences and Procedures
The core procedural categories remain largely consistent with the CrPC but are updated for the best fit within the new Sanhita.
Cognizable vs. Non-Cognizable [Section 2(1)(g), (o)]
- Cognizable: Serious offences where a police officer may arrest without a warrant.
- Non-Cognizable: Less serious offences where a warrant is mandatory for arrest.
Summons-Case vs. Warrant-Case [Section 2(1)(x), (z)]
- Warrant-Case: Relates to an offence punishable with death, life imprisonment, or a term exceeding two years.
- Summons-Case: Any case that does not meet the criteria of a warrant-case (typically less than two years).
Victimology and Stakeholders
The Definition of “Victim” [Section 2(1)(y)]
The BNSS continues the victim-centric trend by defining a victim as any person who has suffered loss or injury.
- Inclusion: Crucially, it includes the guardian or legal heir of the person who suffered the harm.
- Rights: This definition triggers various rights under the BNSS, such as the right to be informed of investigation progress and the right to be heard before case withdrawal.
Key Jurisdictional and Institutional Terms
- Investigation [Section 2(1)(l)]: Includes all proceedings for the collection of evidence. A new explanation clarifies that Special Acts (like UAPA or PMLA) will prevail if they are inconsistent with the BNSS.
- Inquiry [Section 2(1)(k)]: Any proceeding conducted by a Magistrate or Court, excluding the trial itself.
- Judicial Proceeding [Section 2(1)(m)]: Any proceeding where evidence is or may be legally taken on oath.
- Public Prosecutor [Section 2(1)(v)]: Includes any person appointed under Section 18 and those acting under their direction.
Cross-Referencing and Residual Meanings [Section 2(2)]
A vital technical aspect of Section 2 is its link to other modern statutes. If a word is not defined in the BNSS, one must look at:
- The Information Technology Act, 2000 (for tech terms).
- The Bharatiya Nyaya Sanhita (BNS), 2023 (for substantive crime definitions).
This ensure the best visible consistency across India’s new criminal justice framework.
