BNSS allows rape victims to file eFIR

In a major relief for women, the amended Bhartiya Nagrik Suraksha Sahita, 2023, has permitted electronic FIR for cognisable offences under Clause 173 of the Bill which will save women victims from recounting their ordeal before cops.

However, BNSS, passed by Lok Sabha on Wednesday, has also taken away the right to appeal in a court against the President's decision under Article 72 of the Constitution. Article 72 empowers the President to grant pardon, reprieve, respite, or remission of punishment or to suspend, remit or commute the sentence of anyone convicted of any offence. Several death row convicts had their life prolonged through such appeals in the past. It also would mean if the President were to commute a sentence of a convict it cannot be challenged in a court of law either.

Clause 472 (7) of BNSS says: "No appeal shall lie in any court against the order of the President or of the governor made under Article 72 or Article 161 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President or the governor shall not be inquired into in any court." The bill adds, "only a convict of death sentence, his legal heir or any other relative can submit a mercy petition within a period of thirty days from the date on which the superintendent of the jail informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme Court."


On the registration of electronic FIR, clause 173 of the bill "provides that every information relating to the commission of a cognisable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station and later recorded by a women police officer".... "It further provides that such information shall be recorded by a police officer at the residence of the person seeking to report such offence or at convenience place, etc if the given offence is committed or attempted against a person who is mentally or physically disabled."