Question

Criminal trials and proceedings held under the Bharatiya Nagarik Suraksha Sanhita, 2023 in electronic mode, by use of electronic communication or use of audio-video electronic means are ____.

• A. permissible as a rule of convenience
• B. not permissible
• C. expressly provided
• D. implicit

Hint:

Whenever a procedural reform is clearly written in the statute, it is said to be “expressly provided” and not merely implied.

Answer 1

The Correct Option is C

Step 1: Understanding the statutory framework.
The Bharatiya Nagarik Suraksha Sanhita, 2023 has introduced modern procedural reforms to align criminal justice administration with technological advancements.
Step 2: Provision for electronic mode.
The Sanhita explicitly provides for conducting criminal trials and proceedings through electronic communication, including audio-video electronic means. This is not merely a matter of convenience but a statutory mandate.
Step 3: Analysis of options.
Option (A) is incorrect because electronic proceedings are not based solely on convenience. Option (B) is incorrect as the statute permits such proceedings. Option (D) is incorrect because the provision is explicit, not implied.
Step 4: Conclusion.
Hence, the correct answer is (C) expressly provided.