BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023
(BNSS)
COMPREHENSIVE GUIDEBOOK & EXAM-ORIENTED NOTES
Replaces Code of Criminal Procedure, 1973 (CrPC)
Enacted: 25 December 2023 | Effective: 1 July 2024
531 Sections | 39 Chapters | 2 Schedules
KEY HIGHLIGHTS AT A GLANCE
• Technology-Driven: e-FIR, Electronic Summons, Video Recording, Video Conferencing Trials
• Mandatory Forensic Investigation for offences punishable with 7+ years imprisonment
• Strict Timelines: Judgment within 30 days (extendable to 60), Charge framing timelines
• Victim-Centric: Right to FIR copy, investigation progress updates, enhanced participation
• Modernised Arrest: Handcuffing provisions expanded, proportionality in minor offences
• Bail Reforms: First-time undertrial after 1/3rd sentence; stricter for life imprisonment cases
DISCLAIMER: This is a summary guide for educational, reference, and note-taking purposes only. It is not a
substitute for the official Bare Act. Always refer to the latest official text of BNSS, 2023 and consult qualified legal
professionals for case-specific advice.
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
TABLE OF CONTENTS
1. Introduction & Legislative Background
2. Structure of BNSS (Chapters Overview)
3. Key Definitions (Section 2)
4. Major Reforms & Paradigm Shift
5. FIR, Information to Police & Preliminary Inquiry
6. Arrest of Persons (Chapter V)
7. Investigation Procedures & Forensic Mandate
8. Bail, Undertrial Detention & Plea Bargaining
9. Trial, Judgment & Timelines
10. Technology Integration in Criminal Proceedings
11. Victim Rights under BNSS
12. Comparison Table: CrPC vs BNSS (Key Differences)
13. Important Sections for Quick Revision
14. Quick Revision Points & Mnemonics
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
1. INTRODUCTION & LEGISLATIVE BACKGROUND
What is BNSS?
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the new procedural law that replaced the Code of Criminal
Procedure, 1973 (CrPC). It came into force on 1st July 2024. It governs the procedure for investigation, inquiry, trial, and
other aspects of criminal cases in India.
Legislative Journey:
• Introduced in Lok Sabha: August 2023
• Passed by Parliament: December 2023
• Presidential Assent: 25 December 2023
• Enforcement: 1 July 2024 (along with BNS and BSA)
Core Objectives:
• Modernise criminal procedure with extensive use of technology
• Ensure time-bound investigation, trial and judgment delivery
• Make the system more victim-centric and citizen-friendly
• Strengthen safeguards against arbitrary arrest and prolonged detention
• Introduce forensic investigation as a mandatory standard for serious offences
• Reduce delays and backlog in criminal justice system
Key Statistics: 531 Sections (vs 484 in CrPC) | Changes in ~177 sections | 9 new sections added | 14 sections
deleted.
2. STRUCTURE OF BNSS – CHAPTERS OVERVIEW
BNSS is divided into 39 Chapters and 2 Schedules. The First Schedule contains classification of offences under Bharatiya
Nyaya Sanhita (BNS).
Chapter Section Range Subject Matter
I 1–5 Preliminary (Short title, Definitions, etc.)
II 6 – 20 Constitution of Criminal Courts and Offices
III 21 – 29 Power of Courts
IV 30 – 34 Powers of Superior Officers of Police & Aid to Magistrates
V 35 – 62 Arrest of Persons (Key Chapter)
VI 63 – 93 Processes to Compel Appearance (Summons, Warrant, Proclamation)
VII 94 – 110 Processes to Compel Production of Things
VIII 111 – 124 Reciprocal Arrangements & Attachment/Forfeiture of Property
IX–XIII Various Security for Keeping Peace, Maintenance, etc.
XIV–XVI Various Jurisdiction, Cognizance, Complaints to Magistrates
XVII–XXI Various Charge, Trial of Warrant Cases, Summons Cases, Summary Trials
XXII–XXV Various Plea Bargaining, Attendance of Persons, Examination, Judgment
XXVI–XXXIX Various Sentencing, Appeals, Reference, Revision, Execution, Miscellaneous
Note: Exact section ranges may have minor variations in official text. Focus on core chapters for exams: Ch V (Arrest), Ch on
Investigation, Bail, Trial & Judgment.
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
3. KEY DEFINITIONS (SECTION 2)
Section 2 of BNSS expands and modernises definitions. Important new/updated definitions:
Term Meaning / Significance
Audio-Video Electronic Means Includes video conferencing, any electronic communication for recording statements, evidence, or conducting
Electronic Communication Any communication through electronic means including email, SMS, messaging apps, etc.
Bail Bond Bond executed by accused or surety for release on bail.
Victim Person who has suffered any loss or injury caused by reason of the act or omission for which the accused pe
Proclaimed Offender Person declared as proclaimed offender under Section 82/83 for absconding.
cognizable offence Offence in which police can arrest without warrant (as per First Schedule).
Non-cognizable offence Police cannot arrest without warrant; requires court order.
4. MAJOR REFORMS & PARADIGM SHIFT
From Procedural Code to Citizen-Centric Law: BNSS shifts focus from purely police/judicial procedure to protecting
citizens' rights while ensuring efficient justice delivery.
• 1. Technology as Backbone: Mandatory or encouraged use of electronic means at every stage – FIR, summons,
recording of evidence, trial, judgment.
• 2. Forensic Mandate: First time in India – forensic investigation made compulsory for serious offences (7+ years).
• 3. Time-Bound Justice: Specific timelines introduced for investigation updates, charge framing, and judgment delivery.
• 4. Victim Empowerment: Statutory right to FIR copy, periodic updates on investigation, and greater participation.
• 5. Balanced Arrest Powers: While police powers expanded in some areas (handcuffing), safeguards strengthened for
minor offences (proportionality principle).
• 6. Undertrial Reforms: Modified default bail provisions with focus on first-time offenders while protecting society from
habitual offenders.
• 7. Modern Evidence Tools: Expanded power to collect finger impressions, voice samples even from non-arrested
persons.
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
5. FIR, INFORMATION TO POLICE & PRELIMINARY INQUIRY
Registration of FIR (Cognizable Offences):
• Information can be given orally or in writing (including through electronic communication).
• Police officer shall reduce it to writing, read it over, and get it signed by informant.
• Zero FIR concept continued/enhanced – FIR can be registered at any police station irrespective of jurisdiction; later
transferred.
• Copy of FIR to be given to complainant/victim free of cost immediately.
• Victim/complainant to be informed about progress of investigation (within 90 days in important cases).
Preliminary Inquiry:
BNSS introduces/strengthens the concept of preliminary inquiry before registering FIR in certain categories of cases
(particularly offences punishable with imprisonment between 3 to 7 years). This is to prevent misuse while ensuring genuine
cases are registered.
Non-Cognizable Offences:
Entry in the prescribed book and refer the informant to the Magistrate. No investigation without Magistrate's order.
6. ARREST OF PERSONS (CHAPTER V – Sections 35 to 62)
Key Provisions on Arrest:
• Grounds of Arrest: Every arrested person must be informed of the grounds of arrest and of the right to bail (Section 47/
corresponding).
• Proportionality Principle: For offences punishable with imprisonment less than 7 years, arrest should not be made in a
routine manner. Police must record reasons why arrest is necessary.
• Handcuffing (Section 43? / New Provision): Expanded grounds – allowed for habitual/repeat offenders, persons who
have escaped custody, and for serious offences including rape, acid attack, organised crime, economic offences,
offences against sovereignty, etc.
• Medical Examination: Any police officer (not just Sub-Inspector and above) can request a registered medical
practitioner to examine the arrested person.
• Search of Arrested Person: Can be done; female search by female officer.
• Obligation to Inform: Police must inform a friend/relative about the arrest and where the person is detained.
Important Safeguard: No arrest shall be made except in accordance with the provisions of BNSS or any other law.
7. INVESTIGATION PROCEDURES & FORENSIC MANDATE
Mandatory Forensic Investigation (Landmark Provision):
For every offence punishable with imprisonment of 7 years or more, forensic investigation is mandatory.
• Forensic expert/team must visit the crime scene.
• Collect forensic evidence and record the entire process using mobile phone or any other electronic device
(videography).
• If state lacks forensic facilities, it shall avail services from another state.
Other Investigation Features:
• Police Custody: Maximum 15 days. Can be granted in whole or in parts during the initial 40/60 days of judicial custody
period.
• Charge Sheet Timeline: Generally 60 days (offences < 7 yrs? ) / 90 days (serious offences) – similar to old law with
tweaks.
• Search & Seizure: Preferably to be videographed.
• Successor Officer: In case of transfer, retirement, death etc. of Investigating Officer, successor can depose regarding
the investigation.
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
• Specimen Samples: Power to take finger impressions and voice samples expanded – even from persons not under
arrest (with Magistrate order).
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
8. BAIL, UNDERTTRIAL DETENTION & PLEA BARGAINING
Default / Statutory Bail (Undertrial Release):
BNSS modifies the old CrPC provision significantly:
Category Eligibility for Bail Exceptions / Conditions
First-time Undertrial After undergoing 1/3rd of the maximum period of
Notimprisonment
applicable if offence is punishable with life imprisonment or accused
Other Undertrials After undergoing 1/2 of the maximum period of Same
imprisonment
exceptions: Life imprisonment cases + Multiple pending proceedin
Death Penalty Cases Not eligible under this provision Remains excluded as before.
Plea Bargaining:
• Retained with restrictions (not available for offences punishable with death, life imprisonment, or imprisonment >7
years).
• New time limit: Application to be made within 30 days from the date of framing of charge.
Anticipatory Bail: Provisions retained with possible procedural refinements.
9. TRIAL, JUDGMENT & KEY TIMELINES
Key Timelines Introduced / Strengthened:
Stage / Action Timeline Remarks
Medical Examination Report (Rape/Sexual Offence)
Within 7 days To be submitted to Investigating Officer.
Information to Victim on Investigation Progress
Within 90 days Periodic updates expected.
Framing of Charge (Sessions Court) Within 60 days from first hearing Effort to be made; reasons if delayed.
Pronouncement of Judgment Within 30 days from conclusion of arguments
Extendable to 60 days by recording special reasons.
Summary Trial (Petty Cases) Mandatory in many petty offences To speed up disposal of minor cases.
Trial in Absentia: Allowed for proclaimed offenders who have absconded and there is no immediate prospect of arrest. Trial
can proceed and judgment delivered.
Electronic Mode: Entire trial, inquiry, and proceedings can be conducted through audio-video electronic means.
10. TECHNOLOGY INTEGRATION IN CRIMINAL PROCEEDINGS
• Electronic FIR: Information can be given electronically; FIR can be registered online in many states.
• Electronic Summons: Summons can be served through electronic means (SMS, email, apps) with proof of delivery.
• Video Recording: Mandatory/recommended for search, seizure, and recording of statements in many cases.
• Video Conferencing: Accused can be produced/examined, witnesses examined, and trials conducted via video
conferencing.
• Digital Evidence: Courts can order production of electronic communication devices containing digital evidence.
• Forensic Recording: Crime scene processing and evidence collection to be videographed.
• Electronic Communication: Widely recognised for various notices and communications under the Sanhita.
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
11. VICTIM RIGHTS UNDER BNSS
BNSS significantly strengthens the position of victims:
• Right to Copy of FIR: Free of cost, immediately after registration.
• Right to Information: To be kept informed about the progress of investigation (especially within first 90 days).
• Right to be Heard: In certain matters like withdrawal of cases by Government (for serious offences).
• Participation in Proceedings: Greater opportunity to participate and be represented.
• Protection during Trial: Provisions for in-camera trials, protection of identity in sensitive cases (building on previous
laws).
• Compensation: Victim compensation schemes continue; courts have powers to award compensation.
12. COMPARISON TABLE: CrPC vs BNSS (KEY DIFFERENCES)
Aspect Old CrPC, 1973 New BNSS, 2023
Forensic Investigation Not mandatory Mandatory for offences with 7+ years punishment
Handcuffing Restricted to specific cases Expanded grounds (habitual offenders, serious/economic offences)
Medical Examination Request Only Sub-Inspector & above Any Police Officer can request
Default Bail (Undertrial) After ½ max sentence (death excluded) First-timer: after ■; Others after ½ (Life + multiple cases excluded)
Plea Bargaining Application No strict time limit Within 30 days of charge framing
Judgment Timeline No fixed timeline Within 30 days (max 60) from arguments
Metropolitan Magistrates Separate classification for big cities Abolished – Uniform judicial magistrate system
Technology Use Limited recognition Extensive – e-FIR, e-summons, video trials, digital evidence
Victim Updates Not statutorily time-bound Progress to be informed (90 days emphasis)
Preliminary Inquiry Limited judicial guidance Statutory recognition in certain cases
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BNSS Guidebook & Notes | Bharatiya Nagarik Suraksha Sanhita, 2023 Effective from 1 July 2024
13. IMPORTANT SECTIONS FOR QUICK REVISION
Section Subject
Section 2 Definitions (especially new tech-related terms)
Section 35 onwards (Ch V) Arrest of Persons – Grounds, Procedure, Handcuffing
Section ~47/50 Person arrested to be informed of grounds & right to bail
Section ~173 Information to police (FIR) and powers to investigate
Forensic related (~176) Mandatory forensic investigation for serious offences
Bail related sections Default bail, Anticipatory bail, conditions
Plea Bargaining section Application within 30 days of charge framing
Judgment section Pronouncement within 30/60 days
Electronic Proceedings Conduct of proceedings through audio-video means
Victim rights sections Copy of FIR, information on progress
First Schedule Classification of BNS offences (Cognizable/Non, Bailable/Non, Trial Court)
Note: Exact section numbers for some new provisions may vary slightly in the final notified Act. Always cross-verify with the
official Gazette / India Code version.
14. QUICK REVISION POINTS & KEY TAKEAWAYS
Remember These Points:
★ BNSS = New CrPC | Effective 01.07.2024 | 531 Sections, 39 Chapters
★ Forensic Mandatory → 7+ years offences
★ Judgment → 30 days (extendable to 60)
★ First-time Undertrial Bail → After 1/3rd sentence (with exceptions)
★ Handcuffing → Expanded (habitual + serious offences)
★ Technology → e-FIR, e-Summons, Video everything
★ Victim → Free FIR copy + Investigation updates
★ Metropolitan Magistrates → Abolished
★ Plea Bargaining → 30 days from charge framing
★ Police Custody → Max 15 days (flexible within initial period)
END OF GUIDEBOOK
This guide is designed for quick revision and exam preparation. For deeper study, refer to the bare act, commentaries, and
latest case laws.
Prepared for educational purposes | Stay updated with amendments and notifications.
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