Module 3

Comprehensive Analysis of Key

Procedural Mechanisms under the
Bharatiya Nagarik Suraksha Sanhita,
2023
I. Contextual Overview: BNSS and the Paradigm Shift
in Criminal Procedure

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, constitutes a comprehensive overhaul
of India’s criminal procedural framework, directly replacing the Code of Criminal Procedure
(CrPC), 1973. This legislation, enacted on December 25, 2023, and officially commenced on
July 1, 2024, aims to modernize and streamline the criminal justice system.1

A. Legislative Intent and Commencement

The shift from the CrPC to the BNSS is not merely an exercise in renumbering, but a
systematic restructuring. The BNSS contains 531 sections, compared to 484 in the CrPC,
resulting from a detailed reorganization and separation of formerly clubbed provisions to
enhance clarity and navigability for legal practitioners and law enforcement.1

The philosophical foundation of the BNSS rests on three interconnected pillars designed to
expedite the administration of justice: first, comprehensive Digitization of processes,
including investigation, filing, and communication; second, imposition of strict Timelines for
critical procedural stages; and third, a strong emphasis on Victim-Centric Justice, granting
victims greater rights and participation throughout the process.4

B. Judicial Hierarchy and Magisterial Authority

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The BNSS maintains the foundational structure of Criminal Courts, including High Courts,
Courts of Session, Judicial Magistrates of the first class (JMFC), Judicial Magistrates of the
second class (JMSC), and Executive Magistrates.1

A significant update is observed in the sentencing powers vested in the Magistrates under the
BNSS. The Court of a Judicial Magistrate of the first class (JMFC) is empowered to pass a
sentence of imprisonment up to three years or impose a fine not exceeding fifty thousand
rupees, or both]. This is a material increase in financial jurisdiction from the previous limit of
ten thousand rupees under the corresponding CrPC provision. The Court of a Judicial
Magistrate of the second class (JMSC) may pass a sentence of imprisonment up to one year,
or a fine not exceeding ten thousand rupees, or both].

Beyond traditional punishments, Section 23 of the BNSS introduces a new punitive option:
Community Service]. This term is defined as work ordered by the Court for the convict to
perform that benefits the community, for which the convict receives no remuneration.1 The
inclusion of community service as a potential sentence reflects an evolving focus on
restorative justice and non-custodial rehabilitation, particularly for minor offences. This
progressive measure necessitates the development of clear implementing rules and robust
institutional mechanisms by the respective State Governments to define the scope and
monitoring of community service duties, ensuring that this reform is substantive and serves
both as a meaningful deterrent and a positive contribution to society, rather than merely a
symbolic punishment.

II. Initiation of Proceedings: Magisterial Cognizance

and Complaint Cases (Chapter XV and XVI)

The initiation of criminal proceedings is governed by conditions related to the assumption of

jurisdiction, referred to as "taking cognizance," by a competent Magistrate.

A. Conditions Requisite for Cognizance (Chapter XV)

Cognizance, understood as the application of the judicial mind to the alleged commission of
an offence for the purpose of initiating legal proceedings, remains a pivotal function of the
Magistrate.7 Section 210 of the BNSS outlines the three primary ways a Magistrate of the first
 Module 3

class (or a specially empowered second class Magistrate) may take cognizance of an
offence]:
1.​ Upon a Complaint: Receiving a complaint of facts, which may include one filed by a
person authorized under any special law.
2.​ Upon a Police Report: Based on a police report of such facts, which may be submitted
in any mode, including electronic form.
3.​ Upon Information/Knowledge: Receiving information from any person other than a
police officer, or upon the Magistrate’s own knowledge that an offence has been
committed.

Once cognizance is taken, the Chief Judicial Magistrate (CJM) may transfer the case for
inquiry or trial to any competent subordinate Magistrate]. Similarly, a Magistrate of the first
class, if empowered by the CJM, may make over a case to another competent Magistrate for
inquiry or trial]. Judicial Magistrates also retain the authority to recall cases they have
previously made over].

B. Magisterial Scrutiny and Hearing of the Accused in Complaint

Cases (Chapter XVI)

Chapter XVI governs the procedure for complaints made directly to Magistrates. According to
Section 223(1), a Magistrate taking cognizance on a complaint shall examine the complainant
and the witnesses present on oath, and the substance of this examination must be reduced to
writing.1

A paramount structural reform introduced by the BNSS is contained in the first proviso to
Section 223(1): no cognizance of an offence shall be taken by the Magistrate without
giving the accused an opportunity of being heard.1 This mandate fundamentally alters the
initial stages of a complaint case. Historically, the process of taking cognizance and issuing
process was an ex parte judicial determination based solely on the complainant's materials.
The new provision introduces a mandatory, albeit preliminary, hearing for the proposed
accused before the Magistrate formally applies their mind to the case for the purpose of
issuing process.

This requirement to grant the proposed accused a chance to present their perspective prior
to the formal step of taking cognizance serves as a critical pre-cognizance screening
mechanism. Its objective is to strengthen the protection afforded to individuals against
vexatious or malicious prosecution, enabling the swift judicial dismissal of cases that are
palpably meritless before they escalate further. Judicial pronouncements have affirmed that
this notice requirement applies unequivocally, even extending to cases under specific statutes
 Module 3

like the Negotiable Instruments Act (NI Act).8 By instituting this layer of mandatory scrutiny,
the BNSS operationalizes a principle of accelerated justice by preventing the system from
becoming clogged with baseless litigation.

C. Postponement and Dismissal of Complaint

Prior to the issuance of process, a Magistrate may exercise discretion to either inquire into the
case personally or direct an investigation by a police officer or an authorized non-police
person, especially if the accused resides beyond the Magistrate’s immediate jurisdiction]. The
purpose of this postponement is solely to determine whether sufficient grounds exist for
proceeding. If the Magistrate directs an investigation by a person who is not a police officer,
that person holds all the investigation powers conferred by the Sanhita, with the sole
exception of the power to arrest without a warrant].

However, the Magistrate's power to order an investigation is curtailed if the offence

complained of is triable exclusively by the Court of Session, unless the complainant and
witnesses have already been examined on oath under Section 223].

If, after considering the initial sworn statements, and the outcome of any inquiry or
investigation conducted under Section 225, the Magistrate is of the opinion that there is no
sufficient ground for proceeding, the Magistrate is obliged to dismiss the complaint, briefly
recording the reasons for such dismissal.1

D. Commencement of Proceedings: Issue of Process (Chapter XVII)

If the Magistrate finds sufficient ground for proceeding, process is issued against the accused
under Section 227]. For a summons-case, the Magistrate issues a summons for the accused's
attendance. For a warrant-case, the Magistrate may issue a warrant or, if deemed appropriate,
a summons]. A critical modernization effort is noted here, as the process may now be issued
through electronic means].

The Magistrate may dismiss the complaint if statutory fees (process-fees or other fees) are
required and are not paid within a reasonable time].

III. Processes to Compel Appearance and Production

 Module 3

of Things (Chapters VI & VII)

The BNSS extensively integrates electronic communication and digital technology into the
mechanisms for compelling attendance and evidence production, aiming for efficiency and
documented transparency.

A. Processes to Compel Appearance (Chapter VI)

The provisions related to summons (Part A) and warrants of arrest (Part B) mark a clear
embrace of digital processes.

1. Digital Transformation of Summons and Warrants

Under the BNSS, a summons (S. 63) may be issued in writing (in duplicate, bearing the Court's
seal) or, crucially, in an encrypted or any other form of electronic communication bearing
the image of the seal or a digital signature.1 The service of summons may similarly be
executed by electronic communication, such as through WhatsApp or email, provided it bears
the image of the Court’s seal, a reform deemed a paradigm shift in delivery efficiency]. The
notification of the BNSS (Service of Summons and Warrants) Rules, 2025 by Delhi exemplifies
the implementation of this system, confirming that summons and warrants issued via
electronic means with digital signatures are legally binding.9

The legal consequence for ignoring an e-summons is precisely the same as ignoring a
physical summons, potentially leading to fines or arrest warrants, affirming the legal parity of
digital delivery.9 This digital shift enhances the speed and reliability of procedural
communication, mitigating logistics and reducing the need for constant police manpower for
simple administrative tasks.10

A warrant of arrest must still be in writing, signed by the presiding officer, and bear the Court’s
seal, remaining in force until execution or cancellation.1 Warrants can be directed to police
officers or, if immediate execution is necessary and a police officer is unavailable, to any other
person].
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2. Proclamation and Attachment for Absconders

Where a warrant has been issued against a person who has absconded or is concealing
himself, preventing execution, the Court may issue a written proclamation requiring
appearance at a specified time, not less than thirty days from the date of publishing the
proclamation].

A more stringent measure applies to serious offenders: if the proclamation relates to an

offence punishable with imprisonment of ten years or more, or imprisonment for life, or with
death, and the person fails to appear, the Court may conduct an inquiry and pronounce the
individual a proclaimed offender, making a formal declaration to that effect].

Concurrently or subsequently, the Court may order the attachment of any property, movable
or immovable, belonging to the proclaimed person]. This attachment authorizes seizure, the
appointment of a receiver, or an order prohibiting delivery/payment, depending on the nature
of the property]. The property remains at the disposal of the State Government if the
proclaimed person does not appear, though it cannot be sold immediately except in cases of
decay, pending claims or objections (which must be filed within six months of attachment)].

3. Trial in Absentia for Proclaimed Offenders

Chapter XXVI introduces a novel and significant procedural mechanism under Section 356:
Inquiry, trial or judgment in absentia of a proclaimed offender.1 This is an
acknowledgment of the challenge posed by grave offenders who willfully evade trial, and the
section deems such evasion a waiver of the accused's right to be present]. This provision
allows the Court to proceed with the trial and pronounce judgment as if the proclaimed
offender were physically present.

To mitigate concerns regarding constitutional rights, the BNSS imposes strict procedural
preconditions before commencing a trial in absentia:
●​ The trial cannot commence until at least ninety days have elapsed from the date of
framing of the charge].
●​ The court must ensure compliance with several explicit steps: issuance of two
consecutive warrants of arrest with an interval of at least thirty days; publication in a
national or local newspaper circulated at the person's last known address; informing
relatives/friends; and affixing information at the last known residence and police station].
●​ If the proclaimed offender is unrepresented, the State must provide them with an
advocate for defense at its expense].
●​ Critically, the deposition and examination of witnesses must, as far as practicable, be
 Module 3

recorded by audio-video electronic means (preferably mobile phone), and this

recording must be preserved].

The intention behind the trial in absentia provision is to balance the public interest in
prosecuting grave offenders against the accused's fundamental right to a fair trial. The
detailed procedural safeguards, combined with the mandate for electronic recording of
evidence, attempt to guarantee procedural transparency and verifiability, establishing that the
evasion was deliberate and the subsequent trial procedure was sound.12

Furthermore, appellate rights against an absentia conviction are restricted: no appeal lies
unless the proclaimed offender first presents himself before the Appellate Court, and no
appeal against conviction can be filed after the expiry of three years from the date of
judgment].

B. Processes to Compel Production of Things (Chapter VII)

The BNSS incorporates modern investigative requirements by expanding the scope of

documents and things subject to production orders and by mandating electronic
documentation of the seizure process.

1. Summons and Search Warrants for Electronic Evidence

Under Section 94, a Court or a police officer may issue a summons or order to compel the
production of any document, including electronic communication, communication
devices, or other items likely to contain digital evidence, if considered necessary or
desirable for investigation, inquiry, or trial].

2. Mandatory Audio-Video Recording of Search and Seizure

Section 105 of the BNSS introduces a major accountability reform by mandating that the
process of conducting a search of a place or seizing any property (whether under a general
warrant or under a police officer's power during investigation as per S. 185) shall be recorded
through any audio-video electronic means, preferably a mobile phone.1 This requirement
 Module 3

extends to preparing the list of seized items and securing witness signatures.

This digital mandate is designed to ensure maximum transparency in investigation, minimizing

the potential for police misconduct, evidence tampering, or allegations of false representation
during the process.13 Such audio-video recordings must be forwarded by the police officer
without delay to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of
the first class.1 The resultant digital records possess legal sanctity under the Bharatiya
Sakshya Adhinyam (BSA), 2023, bolstering the integrity and admissibility of seizure evidence.
This reliance on verifiable digital evidence shifts the focus from potentially contested oral
accounts of search witnesses to concrete video documentation.

IV. The Formal Accusation and Pre-Trial Judicial

Scrutiny (The Charge)

Chapter XVIII of the BNSS governs the framing of charges and includes explicit timelines and
enhanced rights for the accused and the victim in the pre-trial phase.

A. Supply of Documents to Accused and Victim (S. 230)

Section 230 imposes stringent procedural discipline regarding the supply of documents to the
accused in cases instituted on a police report. The Magistrate is required to furnish free
copies of the police report, the First Information Report (FIR, S. 173), statements of
prosecution witnesses (S. 180), and any confessions (S. 183) or other relevant documents to
two key parties:
1.​ The accused; and
2.​ The victim, provided they are represented by an advocate.1

The BNSS mandates a strict time limit for this process: the Magistrate must furnish these
documents without delay, and in no case beyond fourteen days from the date of
production or appearance of the accused.1 The imposition of this mandatory 14-day
timeline aims to prevent institutional delays commonly associated with document
procurement, ensuring that the defense and the victim gain access to the foundation of the
prosecution's case quickly, thereby accelerating the onset of the trial or preliminary
proceedings.6
 Module 3

The provision further anticipates large volumes of digital evidence: if any document is
voluminous, the Magistrate may direct that copies be furnished through electronic means or
allow inspection only. Supply in electronic form is considered duly furnished.1 The provision for
simultaneous document supply to the victim enhances their participatory rights and ability to
scrutinize the evidence, fostering greater transparency and fairness in the subsequent legal
stages.

B. Pre-Trial Scrutiny and Discharge Timelines

The BNSS introduces specific time limits for the accused to seek discharge before a Court of
Session, formalizing and expediting the preliminary judicial scrutiny phase:
1.​ Discharge in Sessions Cases (S. 250): The accused is explicitly granted the right to
prefer an application for discharge within a period of sixty days from the date of
commitment of the case under Section 232]. After considering the records and
submissions, the Judge shall discharge the accused if there is "not sufficient ground for
proceeding," recording reasons in writing]. Although the 60-day deadline is imposed to
enforce timely scrutiny, the inclusion of the term "may prefer" indicates that the limit may
be construed as directory rather than absolutely mandatory, allowing the judiciary
discretion to entertain applications filed beyond the limit under justifiable, exceptional
circumstances.17
2.​ Discharge in Warrant Cases (S. 262): Similarly, in warrant cases instituted on a police
report, the accused may prefer a discharge application within sixty days from the date
the documents were supplied under Section 230].

C. Framing of the Charge and Effect of Errors

1. Framing the Charge

In sessions cases, if the Judge finds sufficient grounds for presuming the accused has
committed an offence exclusively triable by the Court of Session, the Judge must frame the
charge in writing within a period of sixty days from the date of the first hearing on
charge]. If the offence is not exclusively triable by the Sessions Court, the Judge may frame
 Module 3

the charge and transfer the case to the Chief Judicial Magistrate or a JMFC].

Every charge must specify the offence, the relevant section of the Bharatiya Nyaya Sanhita
(BNS) or other law, and sufficient particulars of time, place, and person to ensure the accused
is duly notified of the matter alleged against them.1

2. Effect of Errors (S. 238)

Section 238 addresses the remedial power concerning flaws in the charge sheet. No error in
stating the offence or particulars, and no omission of such details, shall be deemed material at
any stage unless it can be demonstrated that the accused was in fact misled by such error or
omission, and that this failure caused a failure of justice.1 For instance, an error in naming
the victim or the date of the offence is immaterial if the accused was not actually misled and
was aware of the true facts from prior proceedings]. This provision protects proceedings from
being overturned due to technical defects that did not substantively impact the accused's
ability to mount a defense.

A Court retains the power under Section 239 to alter or add to any charge at any time before
judgment, requiring that the altered charge be read and explained to the accused, with
provisions for recalling witnesses if the alteration might prejudice the defense.1

V. Societal Protections: Maintenance of Wives,

Children, and Parents (Chapter X)

Chapter X of the BNSS addresses the legal obligation of maintenance, codified under Section
144, replacing the long-standing Section 125 of the CrPC. This provision upholds the State's
commitment to social welfare by mandating financial support for dependents unable to
sustain themselves.

A. Order for Maintenance (S. 144)

The jurisdiction to issue a maintenance order rests with a Magistrate of the first class. The
order may be passed upon proof that any person having sufficient means neglects or refuses
 Module 3

to maintain specific dependents]. The potential claimants include:

1.​ Wife: A wife unable to maintain herself. Importantly, the Explanation explicitly clarifies
that "wife" includes a woman who has been divorced by, or has obtained a divorce from,
her husband, provided she has not remarried].
2.​ Children: Legitimate or illegitimate children (whether married or not) unable to maintain
themselves].
3.​ Adult Disabled Children: Legitimate or illegitimate children who have attained majority
(but not married daughters) who are unable to maintain themselves due to physical or
mental abnormality or injury].
4.​ Parents: Father or mother unable to maintain himself or herself].

B. Interim Maintenance and Procedural Timelines

The BNSS significantly enhances the procedure by introducing a mandatory timeline for
interim relief. Section 144 explicitly allows the Magistrate, during the pendency of the
proceeding, to order the respondent to pay a monthly allowance for interim maintenance
and cover the expenses of the proceeding].

Crucially, the BNSS mandates that the application for this interim maintenance and expenses
shall, as far as possible, be disposed of within sixty days from the date of the service of
notice of the application to the respondent]. The introduction of this specific, accelerated
60-day timeline for disposing of interim applications constitutes a major procedural
acceleration. Given that maintenance proceedings often involve vulnerable applicants who
require immediate financial relief, this fixed timeline ensures that the fundamental social
purpose of the statute—preventing destitution—is served promptly and efficiently. This
structural implementation of timelines is consistent with the overarching goal of the BNSS to
reduce procedural delays in matters involving the welfare of citizens.19

C. Enforcement and Cancellation

Failure to comply with a final maintenance order without sufficient cause allows the
Magistrate to issue a warrant for levying the amount due, similar to the process for levying
fines]. The Magistrate may also sentence the defaulting person to imprisonment for a term up
to one month (or until payment is made sooner) for the entire unpaid allowance amount].
Recovery of arrears through a warrant must be applied for within one year from the date the
 Module 3

amount became due].

The obligation to pay maintenance ceases or the order can be cancelled on certain grounds,
particularly concerning the wife: if she is living in adultery, if she refuses to live with her
husband without sufficient reason, or if they are living separately by mutual consent]. The
BNSS reiterates that a husband contracting a marriage with another woman or keeping a
mistress is considered a just ground for the wife's refusal to live with him.1

VI. Alternative Judicial Resolution Mechanisms

(Chapter XXIII and XXVI)

The BNSS retains and refines two key mechanisms designed to handle criminal disputes
outside of a full trial process: compounding of offences and plea bargaining.

A. Compounding of Offences (S. 359, Chapter XXVI)

Compounding refers to the legal mechanism that allows the victim and the accused to resolve
their dispute through mutual agreement, typically in less serious cases.21 Once an offence is
legally compounded under Section 359, it carries the effect of an acquittal of the accused
person, effectively dismissing the charges].

The BNSS structures compoundable offences into two main categories:

1.​ Compoundable without Court Permission: Offences listed under Section 359(1) of the
Table, which can be compounded by the affected person(s) mentioned in the third
column (e.g., enticing a married woman (BNS S. 84) compounded by the husband and
the woman).1
2.​ Compoundable with Court Permission: Offences listed under Section 359(2) of the
Table, which require the permission of the Court before which the prosecution is pending
(e.g., voluntarily causing grievous hurt (BNS S. 117(2)) compounded by the person hurt).1

Compounding is permitted only as explicitly provided in this section]. Notably, composition is

disallowed if the accused is liable for enhanced or different punishment due to a previous
conviction].
 Module 3

B. Plea Bargaining (Chapter XXIII: S. 289 to S. 300)

Plea bargaining is a resolution process where the accused agrees to plead guilty to a lesser
charge or a reduced sentence in exchange for concessions from the prosecution or the court,
primarily introduced to handle a high volume of minor cases efficiently.23 Chapter XXIII of the
BNSS applies to cases initiated on police reports (S. 193) or private complaints (S. 223/227),
but its application is significantly restricted based on the severity and nature of the crime].

1. Applicability and Statutory Exclusions

The core threshold for applicability is that the offence must be one for which the punishment
of death, imprisonment for life, or imprisonment for a term exceeding seven years has not
been provided].

The BNSS enforces specific statutory exclusions to protect punitive justice in sensitive areas:
●​ The Chapter explicitly does not apply where the offence has been committed against a
woman, or a child]. This exclusion represents a firm policy decision to prevent the
negotiation of serious social crimes, prioritizing the protection of vulnerable victims and
maintaining the deterrent effect of severe penalties.
●​ It also excludes cases where the offence affects the socio-economic condition of the
country].
●​ Section 300 further specifies that the chapter does not apply to any juvenile or child
defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.1

The Central Government is mandated under Section 289(2) to determine and notify the
specific offences that affect the socio-economic condition of the country, thereby exempting
them from plea bargaining.1 Historically, such notifications have covered serious regulatory
and financial crimes, such as offences under the Dowry Prohibition Act, 1961, and other similar
acts, confirming a dedication to using the full extent of the law for crimes impacting
governance and public morality.25

2. Procedure and Sentencing

An accused person may file an application for plea bargaining within thirty days from the
date of framing of the charge in the pending court]. The application must be accompanied
 Module 3

by an affidavit confirming its voluntary nature].

The Court must first examine the accused in camera (without the presence of the other
party) to ensure the application is voluntary]. If the application is voluntary, the court
facilitates a meeting between the Public Prosecutor (or complainant) and the accused to work
out a mutually satisfactory disposition (MSD)]. The court must ensure that the process
remains voluntary throughout.1

If an MSD is reached, the court must dispose of the case under Section 293, which includes
awarding compensation to the victim in accordance with the disposition]. The sentencing
structure is geared towards providing judicial relief:
●​ If the offence mandates a minimum punishment, the accused receives half of such
minimum punishment. If the accused is a first-time offender (never previously
convicted), the sentence is reduced to one-fourth of the minimum punishment].
●​ If no minimum punishment is specified, the accused is sentenced to one-fourth of the
punishment provided or extendable for that offence. A first-time offender receives
only one-sixth of the prescribed punishment].

The judgment delivered is considered final, allowing appeal only via special leave petition
under Article 136 or writ petitions under Articles 226 and 227 of the Constitution.1 This finality
emphasizes the swift closure intended by the bargaining process.

The rigorous exclusions regarding crimes against women and children, combined with the
power of the Central Government to designate socio-economic crimes, position plea
bargaining in the BNSS as a refined judicial tool strictly reserved for minor, non-heinous, and
commercial offences, thereby maintaining the integrity of the judicial process for serious
social and national security matters.

VII. Data Tables for Procedural Clarity

The following tables summarize the critical time-bound mandates and comparative statutory
changes under the BNSS.

Key Procedural Timelines Mandated by BNSS

BNSS Section Procedure Stage Timeline/Limit Nature of Change

(vs. CrPC)
 Module 3

S. 144(1) Third Disposal of interim Maximum 60 days New, mandatory

Proviso maintenance (as far as possible) timeline for interim
application from notice service relief.[1, 27]

S. 230 Supply of Maximum 14 days Specific,

documents (Police from mandatory timeline
Report Cases) to appearance/produc introduced;
Accused/Victim tion documents
supplied to victim
also.[1, 16]

S. 250(1) Accused Within 60 days New defined

application for from date of timeframe for
discharge commitment (S. pre-charge
(Sessions Cases) 232) scrutiny.[1, 28]

S. 251(1)(b) Framing of Charge Within 60 days New defined

(Sessions Cases) from the date of timeline for charge
first hearing on articulation.[1, 29]
charge

S. 346(1) Proviso Inquiry/Trial for Must be completed Strict statutory

specific Sexual within 2 months mandate for swift
Offences (BNS S. from date of filing disposal in sensitive
64, 65, 66, 67, 68, of the charge sheet cases.1
70, 71)

S. 356(1) Commencement of Not before 90 days Mandatory

Trial in Absentia has lapsed from cooling-off period
the date of framing after charge
of the charge framed against
proclaimed
offender.[1, 12]
Comparison of Maintenance Provisions (S. 144 BNSS vs. S. 125 CrPC)

Feature BNSS Section 144 CrPC Section 125

Legislation Reference Bharatiya Nagarik Suraksha Code of Criminal

Sanhita, 2023 Procedure, 1973
 Module 3

Interim Maintenance Must be disposed of within No specific statutory time

Disposal Timeline 60 days (as far as limit defined.[27]
possible)

Scope of Claimants Wives (including Same.1

divorced/unremarried),
legitimate/illegitimate
children, and parents.

Jurisdiction Judicial Magistrate of the Judicial Magistrate of the

First Class First Class.1

Penal Power (JMFC Fine) Fine not exceeding fifty Fine not exceeding ten
thousand rupees thousand rupees
(pre-BNSS).[16]

Restorative Justice Community Service Not available.1

Element available as punishment

BNSS Statutory Exclusions for Plea Bargaining (S. 289)

Exclusion Criteria BNSS Statutory Basis (S. Implication/Rationale

289(1))

Gravity of Offence Offence punishable by Excluded. Reserved for

death, life imprisonment, or highest judicial scrutiny.[1,
imprisonment exceeding 30]
seven years.

Vulnerable Victims Offence committed against Excluded. Upholds punitive

a woman, or a child. justice for social crimes,
promoting victim
protection.[1, 30]

Socio-Economic Impact Offence affecting the Excluded. Prevents

socio-economic condition bargaining in financial and
of the country (as notified governmental crimes,
by Central Govt.) protecting national
interest.1
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Age Status Juvenile or child as defined Excluded. Separate juvenile

in the Juvenile Justice Act justice mechanisms apply.1
(S. 300)

VIII. Conclusion: Procedural Streamlining and Impact

on Justice Delivery

The Bharatiya Nagarik Suraksha Sanhita, 2023, represents a decisive legislative move toward
creating an accountable, efficient, and victim-responsive criminal justice system. The
operational mandates embedded within the Sanhita define a structured procedural
environment enforced by clear timelines, addressing the endemic issue of delayed justice
under the former CrPC.

The incorporation of mandatory pre-cognizance hearings for the proposed accused (S. 223)
marks a substantial enhancement of fundamental due process rights in complaint cases,
allowing for rigorous initial screening that protects individuals from being dragged into
meritless litigation, thereby saving valuable judicial time. Similarly, the stringent time limits
imposed for document supply (S. 230) and interim maintenance disposal (S. 144)
institutionalize speed, ensuring that the trial commences rapidly once grounds are
established, and that vulnerable dependents receive financial relief without undue delay.

The comprehensive digitization mandate, particularly concerning electronic service of

process (S. 63, 64) and the mandatory audio-video electronic recording of search and seizure
operations (S. 105), aims to infuse transparency and accountability throughout the
investigative process. The legal recognition of these digital records substantiates the integrity
of evidence collection, mitigating common disputes regarding procedural impropriety.

Furthermore, mechanisms like trial in absentia (S. 356) and the narrowly tailored application of
plea bargaining (Chapter XXIII) demonstrate a balancing act between judicial expediency and
constitutional rights. While trial in absentia addresses the frustration of prolonged evasion by
serious offenders, the statutory exclusions from plea bargaining for crimes against women,
children, and those affecting the socio-economic condition underscore a policy refusal to
compromise punitive justice in cases deemed vital to social and national security.

The success and efficacy of the BNSS depend heavily on the rapid development and seamless
integration of the necessary technological infrastructure across all judicial and police
jurisdictions, alongside rigorous adherence by the magistracy and law enforcement to the
newly defined timelines and digital protocols. This procedural restructuring promises a
framework capable of delivering timely justice and fostering greater public trust in the criminal
 Module 3

justice system.

Works cited

1.​ BNSS Bare [Link]

2.​ Bharatiya Nagarik Suraksha Sanhita, 2023 - Wikipedia, accessed November 1,
2025, [Link]
3.​ Bharatiya Nyaya Sanhita, 2023 - Wikipedia, accessed November 1, 2025,
[Link]
4.​ COMPARATIVE ANALYSIS OF BNSS AND CRPC: UNDERSTANDING THE SHIFTS IN
INDIA'S CRIMINAL JUSTICE FRAMEWORK - THE LAWWAY WITH LAWYERS
JOURNAL, accessed November 1, 2025,
[Link]
erstanding-the-shifts-in-indias-criminal-justice-framework/
5.​ The Bharatiya Nagarik Suraksha Sanhita, 2023 - PRS India, accessed November 1,
2025, [Link]
6.​ Research and Articles - Nishith Desai Associates: The Firm, accessed November 1,
2025,
[Link]
navigating-through-criminal-law-reforms-part-ii-review-of-bharatiya-nagarik-su
raksha-sanhita-2023-replacing-the-code-of-criminal-procedure-1973-14897
7.​ BNSS - Condition Requisite For Initiation of Proceedings | PDF | Magistrate -
Scribd, accessed November 1, 2025,
[Link]
ation-of-Proceedings
8.​ Opportunity of Hearing to the Proposed Accused at Pre-Cognizance Stage in
Complaint Cases: Implications of Proviso to Section 223(1) of the BNSS - SCC
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