BHARTIYA NAGRIK SURAKSHA SANHITA (BNSS)
Introduction :
The Code of Criminal Procedure, 1973, governs the procedural aspect of the
criminal justice system in the country. It tries to speed up the justice system by
ixing issues like too many cases waiting to be heard, low conviction rates,
inadequate technology being used in the legal system, long investigation
procedures, and poor use of forensic techniques.
The Bharatiya Nagarik Suraksha Sanhita of 2023 has replaced the 1973 Code of
Criminal Procedure. Bhartiya Nagarik Suraksha Sanhita (BNSS) has amended
the provisions of bail, seizure of property, powers of Magistrates and police
authorities.
Glimpse of BNSS
The BNSS mandates foreign investigations where foreign experts will be
appointed to visit the crime scenes to collect evidence and record it. This
investigation is for the offences punishable by seven years imprisonment
or above.
All trials, inquiries, and other procedures will be conducted electronically.
Further digital evidence is admissible for investigation, trial, or other
inquiries.
If a proclaimed offender has absconded, then now, under the new Act, the
trial can also be conducted, and the judgment can be given in his absence.
Signs, inger impressions, and voice recording samples can be collected for
trial or investigation.
Bharatiya Nagarik Suraksha Sanhita v. Code of Criminal
Procedure)
THE CRIMINAL PROCEDURAL CODE,1973
Concept of the Criminal Procedure Code (CrPC)
1) The 1973 Code of Criminal Process establishes the necessary
machinery for apprehending offenders, investigating criminal cases,
putting them before Criminal Courts, and punishing the guilty individual.
2) It speci ies crimes and imposes punishments, whereas procedural law
is in charge of implementing substantive law.
3) The whole framework of the Criminal Process Code is based on three
fundamental considerations:
4) A fair trial should be provided to an accused individual in accordance
with acknowledged natural justice standards.
5) Every effort should be taken to avoid inquiry and trial delays, which
are harmful to the individuals involved and society.
6) The procedure should be simple and, to the greatest extent feasible,
secure a fair deal for the community’s poorer members.
7) The Code establishes the hierarchy of criminal courts in which
particular offences can be tried, as well as the maximum penalties that
such courts may in lict.
8) The aim outlined above will be accomplished if all state functionaries
collaborate with coordination, commitment, and integrity.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced
the Code of Criminal Procedure (CrPC), 1973 as India’s governing
procedural law for criminal justice, effective July 1, 2024. The new law
modernizes the system by integrating technology, enforcing strict timelines,
and shifting toward a victim-centric approach.
Key Structural & Conceptual Differences
Decolonization: The BNSS aims to move away from colonial-era
language; for example, the term "Magistrate of the First Class" is
replaced with "Judicial Magistrate".
Scale: The BNSS contains 531 sections, compared to 484 in the
CrPC, primarily due to the reorganization and addition of new digital-
age provisions.
Court Structure: BNSS removes the classi ication of "Metropolitan
Areas" and "Metropolitan Magistrates," creating uniform classes of
courts nationwide.
Comparative Study Table
Feature Code of Criminal Bharatiya Nagarik Suraksha
Procedure (CrPC) Sanhita (BNSS)
Filing an FIR Traditionally Zero FIR is now codi ied. Citizens
required can ile an FIR at any station
jurisdiction; "Zero regardless of where the crime
FIR" was a judicial occurred.
practice.
Digital Limited Mandatory
Evidence recognition; Digitization: Summons,
primarily focused warrants, and evidence recording
on physical (including video) are now legally
documents. standardized.
Police Custody Limited to the irst Staggered custody: The 15-day
15 days after period can be spread over the
arrest. irst 40 to 60 days of
investigation.
Adjournments No speci ic limit on Limit of Two: Adjournments are
court limited to a maximum of two, and
adjournments; reasons must be recorded in
often led to years writing.
of delay.
Timelines No ixed deadlines Mandatory Timelines: Charges
for most judicial must be framed within 60 days,
steps, leading to and judgments delivered within
high pendency. 45 days of trial conclusion.
Victim Rights Victims were Victim-Centric: Police must
largely secondary update victims on case progress
to the prosecution. within 90 days; victims have a
right to be heard during the
withdrawal of cases.
Modernized Legal Provisions
1. Trial in Absentia: Under BNSS, if a proclaimed offender (e.g., a
fugitive) does not appear for trial, the court can proceed with the trial
and pronounce judgment in their absence.
2. Preliminary Inquiry: For offences punishable by 3 to 7 years, the
police can now conduct a "preliminary inquiry" within 14 days before
registering a formal FIR to determine if a prima facie case exists.
3. Community Service: BNSS introduces "community service" as a
punishment for minor offences (like petty theft or public
intoxication) to reduce prison overcrowding.
4. Forensic Evidence: The collection of forensic evidence (like
ingerprints or DNA) is now mandatory for crimes punishable by 7
years or more.