Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023: Key Changes from CrPC

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Introduction

On **July 1, 2024**, the **Code of Criminal Procedure, 1973 (CrPC)** -- the procedural backbone of India's criminal justice system for over five decades -- was replaced by the **Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)**. This replacement was part of the historic overhaul of India's three core criminal statutes: the Indian Penal Code (replaced by the Bharatiya Nyaya Sanhita), the CrPC (replaced by the BNSS), and the Indian Evidence Act (replaced by the Bharatiya Sakshya Adhiniyam).

The BNSS was passed by Parliament on **December 20, 2023**, received Presidential assent on **December 25, 2023**, and came into force on **July 1, 2024** via notification under Section 531 of the BNSS. The new procedural code aims to modernise criminal proceedings by introducing technology-driven procedures, imposing strict timelines for investigations and trials, mandating forensic evidence collection, codifying the concept of zero FIR, and making the criminal justice system more victim-centric and efficient.

This article provides a comprehensive educational overview of the BNSS -- its key changes from the CrPC, major new provisions, impact on investigation and trial procedures, and a CrPC-to-BNSS section mapping for important provisions.

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Why Was the CrPC Replaced?

The Code of Criminal Procedure, 1973 was itself a replacement of the earlier Code of Criminal Procedure, 1898, and governed the procedure for investigation, inquiry, and trial of criminal offences in India. Despite several amendments over the decades, the CrPC had become inadequate in addressing the demands of a modern criminal justice system for the following reasons:

1. **Technological obsolescence**: The CrPC was drafted in an era before digital communication. It had no provisions for electronic FIR filing, video conferencing for trial proceedings, or digital service of summons and notices.

2. **Delay in disposal**: India's criminal courts suffer from severe pendency. As of 2024, over **4.4 crore** criminal cases were pending across courts. The CrPC lacked strict statutory timelines for investigations, chargesheet filing, and trial completion.

3. **Investigation deficiencies**: There was no mandatory requirement for forensic evidence collection, leading to over-reliance on oral testimony, which is susceptible to tutoring and retraction.

4. **Colonial procedural legacy**: Many procedures under the CrPC were rooted in colonial-era practices that did not align with the constitutional rights of Indian citizens and the principles of a modern democratic republic.

5. **Victim-centric reforms needed**: The CrPC was largely procedure-centric without adequately addressing the rights and needs of victims, including timely information about case progress, participation in proceedings, and witness protection.

6. **Inconsistent amendments**: Over the years, piecemeal amendments created inconsistencies in the CrPC text, necessitating a comprehensive rewrite.

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Structure of the BNSS

The BNSS comprises **531 sections** organised into **36 chapters**, compared to the CrPC's **484 sections** in **37 chapters**. The increase in sections reflects the addition of new provisions rather than a mere re-numbering exercise.

Key structural features include:

- Retention of the basic framework of investigation, inquiry, and trial

- Integration of technology at every stage of criminal proceedings

- Introduction of strict timelines for various procedural stages

- Codification of judicial pronouncements on procedural rights

- Enhanced provisions for victim participation and witness protection

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Key Changes Introduced by the BNSS

1. Electronic FIR (E-FIR) -- Section 173

One of the most significant changes is the formal introduction of **electronic FIR filing**. Under **Section 173 of the BNSS**, the information relating to cognizable offences can be given by **electronic communication**. This means a person can file an FIR online without physically visiting a police station.

Key features:

- FIR information can be communicated by **electronic means**

- The informant must sign the written information or affix their electronic signature

- A copy of the FIR must be given to the informant **free of cost** immediately

- The provision retains the right to have the information recorded in writing at the police station

This is a departure from the CrPC's Section 154, which required information to be given orally or in writing at the police station, with no express provision for electronic communication.

2. Zero FIR Codified -- Section 173(1)

The concept of **Zero FIR** -- where an FIR can be registered at any police station regardless of jurisdiction -- was recognised judicially after the **Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1** judgment and the Justice Verma Committee Report (2013). However, it was never expressly codified in the CrPC.

**Section 173(1) of the BNSS** now formally codifies the Zero FIR by providing that information about a cognizable offence may be recorded at any police station, irrespective of the area where the offence was committed. The FIR so recorded must be **transferred to the police station having jurisdiction within 15 days**.

3. Video Conferencing in Trials -- Section 530

**Section 530 of the BNSS** is a landmark provision that allows the use of **audio-video electronic means** for:

- Trial proceedings

- Examination of witnesses

- Recording of statements

- Arguments by advocates

- Appearance of accused persons

While the CrPC had limited provisions for video conferencing (introduced through the 2008 amendment to Sections 160 and 275), the BNSS makes it a comprehensive feature of the criminal justice system. Courts may conduct entire proceedings through video conferencing where deemed appropriate.

The Supreme Court's experience during the COVID-19 pandemic, where virtual hearings became the norm, informed this legislative development. The Court in **In Re: Guidelines for Court Functioning Through Video Conferencing During COVID-19 Pandemic**, Suo Motu (2020), had already laid the groundwork.

4. Mandatory Forensic Evidence for Serious Offences -- Section 176(3)

**Section 176(3) of the BNSS** mandates that for all offences punishable with **imprisonment of seven years or more**, a **forensic expert shall visit the crime scene** to collect evidence. The investigation team is required to:

- Ensure forensic evidence collection at the crime scene

- Complete **videography of the crime scene** as part of the investigation process

- Forward the forensic report to the court

This provision addresses one of the most significant deficiencies in Indian criminal investigation -- the over-reliance on oral testimony and confessions rather than scientific, forensic evidence. The Supreme Court had repeatedly highlighted this concern, including in **Dharam Deo Yadav v. State of U.P. (2014) 5 SCC 509**, where the Court urged the use of forensic and scientific evidence in criminal investigations.

5. Ninety-Day Chargesheet Deadline -- Section 193

Under the CrPC (**Sections 167(2) and 173**), while there were timelines for filing the police report (chargesheet), the consequences of delay were limited to the grant of default bail. The BNSS introduces a stricter framework.

**Section 193 of the BNSS** requires:

- The investigation must be completed and the police report filed within **90 days** from the date of the first information of the offence

- The Superintendent of Police (or equivalent) may extend the period for a further period, but must record reasons in writing

- If the investigation is not completed within 90 days, the officer in charge must file a report with reasons for the delay

However, the **default bail provision** continues: Under **Section 187(2) of the BNSS** (corresponding to Section 167(2) CrPC), if the police report is not filed within **60 days** (for offences punishable with death, life imprisonment, or imprisonment of 10 years or more) or **90 days** (for other offences), the accused is entitled to be released on bail.

6. Mercy Petition Timeline -- Section 472

The BNSS introduces **specific timelines for mercy petitions** in death sentence cases:

- **Section 472** provides that a mercy petition to the Governor under Article 161 must be disposed of within **30 days**

- If rejected by the Governor, the petition to the President under Article 72 must be disposed of within **60 days**

- If the mercy petition is rejected, the execution must be carried out within **7 days** from the communication of rejection

Previously, mercy petitions languished for years (sometimes decades), leading to the Supreme Court in **Shatrughan Chauhan v. Union of India (2014) 3 SCC 1** commuting death sentences to life imprisonment on grounds of inordinate delay in disposal of mercy petitions. The BNSS addresses this by imposing strict timelines.

7. Handcuffing Restrictions -- Section 43(3)

The CrPC did not specifically address handcuffing. The Supreme Court in **Prem Shankar Shukla v. Delhi Administration (1980) 3 SCC 526** and **Citizens for Democracy v. State of Assam (1995) 3 SCC 743** laid down strict guidelines restricting the indiscriminate use of handcuffs.

**Section 43(3) of the BNSS** codifies these judicial principles by providing that **no person shall be handcuffed** during arrest unless:

- The person is a **habitual offender** who has escaped from custody

- The person has committed an offence of such nature and gravity that the police officer has reason to believe the person is likely to escape

- The person is involved in offences such as **organised crime, terrorism, drug trafficking, illegal arms possession, murder, rape, acid attack, counterfeiting, human trafficking, or offences against the State**

8. Arrest Safeguards -- Sections 35 and 37

The BNSS introduces enhanced safeguards during arrest:

- **Section 35(5)**: Every person arrested must be informed of the **grounds of arrest** and the **right to bail** at the time of arrest

- **Section 35(7)**: The arrested person must be produced before a Magistrate within **24 hours** (excluding travel time)

- **Section 37**: A police officer making an arrest must prepare a **memorandum of arrest** attested by a family member or a respectable member of the locality, and the arrested person must undergo a **medical examination**

These provisions codify the guidelines laid down by the Supreme Court in **D.K. Basu v. State of West Bengal (1997) 1 SCC 416**.

9. Witness Protection -- Section 398

**Section 398 of the BNSS** provides for the **protection of witnesses** by enabling courts to:

- Order the protection of witnesses and their family members

- Ensure witness identity is protected where necessary

- Provide for in-camera proceedings for recording witness testimony

This codifies the Witness Protection Scheme, 2018, upheld by the Supreme Court in **Mahender Chawla v. Union of India (2019) 14 SCC 615**.

10. Summary Trial Expansion -- Sections 283-289

The BNSS expands the scope of **summary trials** to expedite disposal of minor offences. Under **Section 283**, summary trials can be conducted for:

- Offences not punishable with death, life imprisonment, or imprisonment exceeding **3 years** (increased from 2 years under CrPC)

- Theft cases where the value of property does not exceed **Rs. 20,000**

- Cases of receiving or retaining stolen property where the value does not exceed **Rs. 20,000**

This expansion is aimed at reducing pendency in criminal cases by ensuring quicker disposal of petty offences.

11. Supply of Police Report to Accused -- Section 193(3)

Under the CrPC, the accused was entitled to a copy of the chargesheet (police report) but there was no express timeline for supplying it. **Section 193(3) of the BNSS** mandates that a copy of the police report shall be furnished to the accused **within 14 days** of the filing of the report.

12. Proclamation and Attachment -- Sections 84-86

The BNSS introduces enhanced provisions for dealing with **absconding accused**:

- **Section 84**: Court may issue a proclamation requiring the absconding person to appear

- **Section 85**: Court may order **attachment of property** of the absconding person

- **Section 86**: A new provision allows the court to declare a person a **proclaimed offender** if they fail to appear despite proclamation. The property of a proclaimed offender may be confiscated

13. Timelines for Judgments -- Section 258

**Section 258(2) of the BNSS** mandates that the judgment in a criminal trial must be pronounced within **45 days** of the completion of arguments. Under the CrPC, there was no such express timeline for delivery of judgment, leading to situations where judgments were reserved indefinitely.

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CrPC to BNSS Section Mapping (Key Provisions)

| Subject | CrPC Section | BNSS Section |

|---|---|---|

| **FIR registration** | 154 | 173 |

| **Police investigation** | 156-157 | 175-176 |

| **Arrest without warrant** | 41 | 35 |

| **Arrest procedure** | 46 | 38 |

| **Search of arrested person** | 51 | 43 |

| **Bail (bailable offence)** | 436 | 478 |

| **Bail (non-bailable offence)** | 437 | 479 |

| **Anticipatory bail** | 438 | 480 |

| **Default bail / remand** | 167 | 187 |

| **Police report / chargesheet** | 173 | 193 |

| **Framing of charge** | 228 | 251 |

| **Summary trial** | 260 | 283 |

| **Judgment** | 353-354 | 258 |

| **Appeal** | 374 | 394 |

| **Revision** | 397 | 416 |

| **Maintenance** | 125 | 144 |

| **Inherent powers of HC** | 482 | 528 |

| **Quashing of proceedings** | 482 | 528 |

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Impact on Pending Cases -- Transition Provisions

**Section 531 of the BNSS** addresses the transition from the CrPC to the BNSS:

- **Proceedings pending before July 1, 2024** continue to be governed by the CrPC provisions as they existed before repeal

- **New cases registered on or after July 1, 2024** are governed entirely by the BNSS

- **Investigations pending** as of July 1, 2024 where the chargesheet has not been filed continue under the CrPC, but the BNSS provisions apply from the stage of trial

- Any **right, privilege, or liability** acquired under the CrPC before its repeal continues to be in force

This transition framework ensures there is no vacuum in the criminal justice process and pending matters are not prejudiced by the change in law.

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Comparison: CrPC vs. BNSS

| Feature | CrPC 1973 | BNSS 2023 |

|---|---|---|

| **Total sections** | 484 | 531 |

| **Electronic FIR** | Not provided | Expressly provided (Section 173) |

| **Zero FIR** | Judicially recognised | Codified (Section 173(1)) |

| **Video conferencing** | Limited provision | Comprehensive (Section 530) |

| **Mandatory forensic evidence** | Not required | Required for 7+ year offences (Section 176(3)) |

| **Chargesheet timeline** | No strict outer limit | 90 days (Section 193) |

| **Mercy petition timeline** | No timeline | 30/60 days (Section 472) |

| **Handcuffing restrictions** | Judicially imposed | Codified (Section 43(3)) |

| **Summary trial threshold** | 2 years imprisonment | 3 years imprisonment (Section 283) |

| **Judgment delivery deadline** | No timeline | 45 days (Section 258(2)) |

| **Witness protection** | Not provided | Codified (Section 398) |

| **Supply of chargesheet to accused** | No timeline | 14 days (Section 193(3)) |

| **Community service** | Not available | Available for petty offences |

| **Proclaimed offender** | Limited provisions | Enhanced (Section 86) |

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Significance of Technology Integration

The BNSS represents a paradigm shift in integrating technology into criminal proceedings. The key technology-related provisions include:

1. **Electronic FIR** (Section 173): Filing of first information by electronic communication

2. **Electronic summons and notices** (Section 64): Service of summons through electronic means including SMS, email, and messaging applications

3. **Video conferencing** (Section 530): Conducting proceedings through audio-video electronic means

4. **Videography of crime scene** (Section 176): Mandatory video recording of search and seizure proceedings

5. **Digital records**: Maintenance of case records in electronic form

6. **Electronic signature**: Acceptance of electronic signatures on documents

The Supreme Court's observations in **State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601**, where the Court permitted recording of evidence through video conferencing, have now been given full legislative backing.

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Bail Provisions Under the BNSS

The BNSS retains the basic framework of bail as under the CrPC but introduces important changes:

- **Section 478** (bailable offences): Bail as a matter of right, corresponding to Section 436 CrPC

- **Section 479** (non-bailable offences): Bail at the discretion of the court, corresponding to Section 437 CrPC

- **Section 480** (anticipatory bail): Direction for grant of bail to a person apprehending arrest, corresponding to Section 438 CrPC

- **Section 479(3)**: A **first-time offender** who has been detained for **one-third of the maximum imprisonment** prescribed for the offence shall be released on bail (except for offences punishable with death). This is a significant new provision aimed at reducing under-trial incarceration.

The Supreme Court's guidelines in **Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51**, emphasising that bail is the rule and jail the exception, are reflected in the BNSS framework.

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Frequently Asked Questions

When did the BNSS come into effect?

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into effect on **July 1, 2024**, simultaneously with the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA).

Can an FIR be filed online under the BNSS?

Yes. **Section 173** of the BNSS expressly permits the filing of FIR information through **electronic communication**. This codifies the concept of electronic FIR (e-FIR), allowing citizens to lodge complaints online without physically visiting a police station.

What is a Zero FIR under the BNSS?

Under **Section 173(1)** of the BNSS, a Zero FIR is an FIR that can be registered at **any police station**, regardless of where the offence occurred. The FIR so registered must be transferred to the jurisdictional police station within **15 days**.

Is forensic evidence mandatory for all offences?

No. **Section 176(3)** of the BNSS mandates forensic evidence collection only for offences punishable with **seven years or more** of imprisonment. For such offences, a forensic expert must visit the crime scene and collect evidence, and the process must be videographed.

What happens if the chargesheet is not filed within 90 days?

Under **Section 193**, if the investigation is not completed within 90 days, the officer in charge must file a report with reasons for delay. The **default bail provision** under Section 187(2) continues to operate: if the police report is not filed within the prescribed period (60 or 90 days depending on the offence), the accused is entitled to be released on bail.

Does the BNSS allow handcuffing of arrested persons?

**Section 43(3)** of the BNSS restricts handcuffing and permits it only in specified circumstances, such as when the person is a habitual or repeat offender who has escaped custody, or is involved in serious offences like organised crime, terrorism, murder, rape, acid attack, or offences against the State.

What is the timeline for mercy petitions under the BNSS?

**Section 472** provides that a mercy petition to the Governor must be disposed of within **30 days**, a petition to the President within **60 days** of the Governor's rejection, and execution must be carried out within **7 days** of the final rejection.

Can trials be conducted through video conferencing?

Yes. **Section 530** of the BNSS permits trial proceedings, witness examination, statement recording, and advocate arguments to be conducted through **audio-video electronic means** where the court deems it appropriate.

What happens to cases pending under the CrPC?

Under **Section 531**, cases pending before July 1, 2024 continue to be governed by the CrPC. New cases registered on or after July 1, 2024 are governed by the BNSS. Pending investigations where the chargesheet has not been filed continue under CrPC, but BNSS applies from the trial stage.

Does the BNSS address under-trial detention?

Yes. **Section 479(3)** mandates that a first-time offender who has been detained for **one-third of the maximum imprisonment** prescribed for the offence must be released on bail (except for death sentence offences). This is a new provision aimed at reducing the chronic problem of under-trial incarceration in India.

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*Disclaimer: This article is published for educational and informational purposes only. It does not constitute legal advice, a solicitation, or an advertisement. The information provided is based on Indian laws as of the date of publication and may be subject to change through legislative amendments, judicial pronouncements, or executive notifications. The CrPC-to-BNSS section mapping provided is for general reference and may not capture all nuances of the new provisions. No reader should act or refrain from acting based on this article without seeking professional legal advice tailored to their specific facts and circumstances. For personalised guidance, please consult a qualified advocate.*