Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Salient Features & Major Changes from CrPC

Saji Koduvath, Advocate, Kottayam.

Introduction

3 New Acts of 2023

  • Bharatiya Nyaya Sanhita, 2023,
  • Bharatiya Nagarik Suraksha Sanhita, 2023,
  • Bharatiya Sakshya, 2023

The new Acts replaced three colonial-era criminal laws –

  • The Code of Criminal Procedure (CrPC),1973 (upto 1973, 1898 CrPC),
  • The Indian Penal Code (IPC),1860 and
  • The Indian Evidence Act, 1872.
Read – Bharatiya Nyaya Sanhita, 2023: Important Changes from the Indian Penal Code
Major Changes in the Evidence Act by Bhartiya Sakshya Adhiniyam, 2023

BNSS – Major Changes from CrPC

CHAPTER I: PRELIMINARY

S. 2 BNSS
Definitions.

(New) Insertions		Sec. 2.
(a) “Audio-video electronic”
(b) “bail”
(d) “bail bond”
(e) “bond”
(i) “Electronic communication”
(l) “Investigation” – Explanation

CHAPTER II: CONSTITUTION OF CRIMINAL COURTS AND OFFICES (s. 6 – 20)

S. 15 BNSS (S. 21 – CrPC)
Change –

State Government may appoint –
any police officer not below the rank of Superintendent of Police (“to be known”) as Special Executive Magistrates		15. Special Executive Magistrates The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas …. ….. …..
S. 20 BNSS (S. 25A – CrPC)

Change –

Establishment of –
District Directorate of Prosecution.
[Earlier, there was Directorate of Prosecution in State-level (only); and there was Dy. Directors in District-level].

Sub-sections (8), (9), (10) and (11) are
new provisions.		20.Directorate of Prosecution:
(1) The State Government may establish,— (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it think fit; and (b) District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.
(2) A person shall be eligible to be appointed,— (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge; (b) as an Assistant Director of Prosecution if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class.
(3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State.
(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution.
(5) …. (12) …..

CHAPTER III: POWER OF COURTS (Ss. 21 to 29)

S. 23 BNSS (S. 29 – CrPC)

Change –
in amount of fine.

New punishment –
community service.

“Community service” shall mean –
the work
which the Court may order
a convict to perform
as a form of punishment
that benefits the community,
for which “he” shall not be entitled to any remuneration.

Omitted –
jurisdiction in case of juveniles (S. 27 CrPC).		23. Sentences which Magistrates may pass. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
Explanation.—”Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

CHAPTER V: ARREST OF PERSONS (s. 35 – 62)

S. 35(7) BNSS (S. 41 &41A – CrPC)

New Provision – as to arrest

Powers to SP–
in offences which are punishable for imprisonment, less than 3 years –
Not to give permission to arrest
an infirm person or
a person above 60 years of age		S. 35. When police may arrest without  warrant.
(7). No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.  
S. 40 BNSS (S. 43 – CrPC)
Words-Change. S. 43 CrPC – “police officer shall re-arrest him”		40. Arrest by private person
S. 40(2) BNSS – “a police officer shall take him in custody”.
S. 43(3) BNSS (S. 46 – CrPC)

New subsection (3)
Handcuffing –
Permitted to a habitual or repeat offender or accused of serious offences.		S. 43(3). The police officer may, keeping in view the nature and gravity of the offence, use handcuff while effecting the arrest of a person who is a habitual, repeat offender who escaped from custody, who has committed offence of organised crime, offence of terrorist act, drug related crime, or offence of illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offences against children, offences against the State, including acts endangering sovereignty, unity and integrity of India or economic offences.

CHAPTER VI: PROCESSES TO COMPEL APPEARANCE  (s.63 – 93)

S. 63(ii) BNSS (S. 61 CrPC)

New Clause –
Summons –
by electronic communication		63. Form of Summons Every summons issued by a court under this Sanhita shall be (i) in writing ……..
(ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the court or digital signature.   
S. 66 BNSS (S. 64 – CrPC)

Change –
Summons can be given to “some” (an) adult member”
Formerly “male” member.		Service  when person summoned cannot be found
BNSS 66-  “some adult member” of their family residing with him.
CrPC 64-  “some adult male member” of their family residing with him.

CHAPTER VII: PROCESSES TO COMPEL THE PRODUCTION OF THINGS (S. 94 -110)

S. 105 BNSS

New Provision

– Search –
Shall be (by) recording through
“any” (an) audio-video electronic means,
preferably mobile phone .		105: Recording of search and seizure through audio-video electronic means. The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
S. 107  BNSS

New Provision –

(1) A police officer can,
with the approval of the SP,
apply for the attachment of any property obtained as a result of a criminal activity.

(6) Court can direct –
the District Magistrate
to rateably distribute
(the attached or seized properties)
to the affected persons.		107: Attachment, forfeiture or restoration of property
(1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property.  
(6) If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime.

CHAPTER X: ORDER FOR MAINTENANCE OF WIFES, CHILDREN AND PARENTS (S.144 – 147)

S. 144 & 145 BNSS (S. 125 & 126 – CrPC)

Change – maintenance of wifes, children and parents –

– Clause 1(d) added –
proceedings can be taken –
“where his father or mother resides”.		144. Order for maintenance of wifes, children and parents
(1) If any person having sufficient means neglects or refuses to maintain – (a)  his wife, unable to maintain herself …..”
(child, parents etc. …..)
145. Procedure: (1) Proceedings under section 144 may be taken against any person in any district—
(a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides.

CHAPTER XII: PREVENTIVE ACTION OF POLICE (s.168 -172)

S. 172 BNSS

New Provision –

(1) All persons are bound to conform to
lawful directions of police.

(2) A police officer has power to detain or remove any person, also.

Inspection of weights and measures
[in S. 153 CrPC] omitted.		172: Persons bound to conform to lawful directions of police: (1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.
(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under subsection (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.

CHAPTER XIII: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE(S. 173 – 196)

S. 173 BNSS (S. 154 – CrPC)

– Furnishing FIR –
(1) The scope of giving FIR is expanded
–it can be “irrespective of the area”–
This corresponds to the concept of ‘Zero FIR’
It can also be “by electronic communication” (e-FIR).
(3) Police officer may with the prior permission from an officer not below the rank of Deputy Superintendent of Police—
(i) proceed to conduct Preliminary inquiry to ascertain whether there exists a prima facie case – for offences punishable for 3 years or more but less than 7 years. 

Note: The CrPC also requires (in assaults to outrage the modesty, rape etc.)– “the recording of such information shall be videographed”.

173. Information in cognizable cases:
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that— (a) in the event that the person against whom an offence under section 64, section 65, …. (etc.) ………. is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be videographed; (c) ….. (2) …  
(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in-charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
(4) ….
S. 174 (1) (ii) BNSS (S. 155 – CrPC)

New provision –

Investigation –
Forward the daily diary report of cases fortnightly to the Magistrate.		174. Information as to non-cognizable cases and investigation of such cases.  (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book ……. and,— (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate.
(2) ….(3)…..(4) …
S. 176 BNSS (S. 157 – CrPC)

Change

Investigation

(1)In investigation of rape –
statement of the victim shall be recorded at her residence or a place of her choice and as far as practicable by a woman police officer and the statement may also be recorded through an audio-video
electronic means including mobile phone

(2) Forward the daily diary report fortnightly to the Magistrate.

(3) Forensic expert’s visit (in major offences – punishable for 7 years or more).
[It will come into effect –
from such date, as may be notified (within a period of five years)
by the State Government.]

For offences punishable for seven years or more– the officer in charge of a police station shall, cause the forensic expert to visit the crime scene to collect forensic evidence and also cause videography of the process on mobile phone or any other electronic device


176. Procedure for investigation  (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate ….
Provided that— (a) …. (b) …
Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.
(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government.
(3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device:
Provided that ….
S. 179 BNSS (S. 160 – CrPC)

Change –

Not to require attendance of witnesses at a place other than his residence –
male under the age of 15
above the age of 60
woman
mentally or physically disabled
a person with acute illness

Age, “sixty-five years” (in CrPC) is reduced to “sixty years” and
the words “or a person with acute illness” are added.		179. Police officer’s power to require attendance of witnesses. (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person …….”:
Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides:
Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
S. 183 BNSS (S. 164 – CrPC)

Change –
 
– Confessions –

If the person making the statement is disabled, the statement shall be recorded through audio-video electronic means preferably by mobile phone.

Note: In CrPC, only a “Metropolitan Magistrate or Judicial Magistrate” could record confession.
It was also provided in CrPC that “no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred”.

The CrPC also requires (in assaults to outrage the modesty, rape etc.)–
“… may also be recorded by audio-video electronic means in the presence of the advocate …”

The CrPC further requires –
If the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video graphed.		183: Recording of confessions and statements (1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial: Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
….
(2) ….(3) …(4) ….(5) ….
(6)(a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:
Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman: Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone;
(b) ….
(7) …
S. 184 BNSS (S. 164A – CrPC)
Change –   examination of victim of rape

Time fixed –
medical practitioner to forward the report
– within a period of seven days –		184: Medical examination of victim of rape:
(1) … to… (5) …..
(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. (7) ….
S. 185(2) BNSS (S. 165 – CrPC)
new –

Search
Search shall be recorded through audio video, or electronic means.

S. 185(5) requires
copies of record be sent to Magistrate forthwith,
but not later than 48 hours.


S. 185: Search by police officer 185. (1) …. (2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person:
Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone.
(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.
S. 187(3) BNSS (S. 167(2) – CrPC)

Magistrate may authorise the detention of the accused in custody (beyond the period of fifteen days), if he is satisfied that adequate grounds exist for doing so, for a total period exceeding —
(i) 90 days (for serious offences) or
(ii) 60 days, other offence,
and, on the expiry of the said period of 90 days, or 60 days, the accused shall be released on bail.

Proviso to S. 167(2) – CrPC
Referring s. 167 CrPC it is held in CBI v. Anupam J. Kulkarni: AIR 1992 SC 1768: 1992 (3) SCC 141, as under:
“The legislature … has at the same time taken care to see that the interests of the accused are not jeopardised by his being placed under police custody beyond a total period of 15 days, under any circumstances, irrespective of the gravity of the offence or the serious nature of the case.”
(Contra view: CBI v. Vikas Mishra, 2023-3 SCR 321, and V. Senthil Balaji v. State, 2024-3 SCC 51)..


The clause “otherwise than in custody of the police” is omitted in BNSS.
Thereby it is possible to order police custody (even) for the entire 90/60 days.		187(3). The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence,
and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIV for the purposes of that Chapter.

Proviso to S. 167(2) – CrPC stipulated:
“Provided that—(a) the magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist….”
It is noticeable – (i) “otherwise than in custody of the police” is judicial custody. (ii) “Beyond the period of fifteen days” indicates that the maximum period allowed in police custody is 15 days (within the stipulated 90/60 days).
S. 193 BNSS (S. 173 – CrPC)

Change –

(2) investigation
investigation of some offences under BNSS and POCSO Act shall be completed within two months.  

(9) further investigation.
permission of magistrate is not needed after a (final) report has been forwarded.

Further investigation “during the trial“
It can be conducted (only) with the permission of the Court
and it shall be completed within a period of 90 days
After 90 days, further permission of the Court is needed.		193. Report of police officer on completion of investigation
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (3) …. to (8) ……
(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3):
Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.

CHAPTER XIV: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

S. 209 BNSS (S. 189 – CrPC)

Change – 

In offences committed outside India Court can issue a commission for taking depositions made, or exhibits produced –
• in physical or electronic form (also) before a judicial officer in that territory or before a diplomatic or consular representative of India for that territory.		209. Receipt of evidence relating to offences committed outside India. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

CHAPTER XVI COMPLAINTS TO MAGISTRATES

S. 223 BNSS (S. 200 – CrPC)
Examination of complainant.

Change –

New Proviso added to Sub Sec. (1) –
whereby no cognizance shall be taken without giving the accused an opportunity of being heard:

Sub Sec. (2) provided –
a Magistrate shall not take cognizance on a complaint against a public servant unless –
 the public servant is given an opportunity to make assertions as to the situation that led to the incident alleged.		200. Examination of complainant.
 (1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard:
Provided further …..
 (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless—
 (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and
 (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.

CHAPTER XIX – TRIAL BEFORE A COURT OF SESSION (s.248 – 260)

S. 250 BNSS (S. 227 – CrPC)
(1) application for or Discharge –
time limit 60 days of committal.		250. Discharge. (1) The accused may prefer an application for discharge within a period of sixty days from the date of committal under section 232.
S. 251 BNSS (S. 228 – CrPC)

Change
(1) Time limit for framing charge –
60 days from hearing on charge.

(2) Accused can “present either physically or through audio-video electronic means.”		251. Framing of charge. (1)(a) ….. (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) Where the Judge frames any charge under clause (b) of sub-sec. (1), the charge shall be read and explained to the accused present either physically or through electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
S. 254 BNSS (S. 231 – CrPC)

Change –

Evidence of a witness
 • may be recorded by audio-video means
 • evidence of any police officer or public servant may be taken through audio-video means		254. Evidence for prosecution (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.
(2) The deposition of evidence of any police officer or public servant may be taken through audio-video electronic means. (3) …..
S. 258 BNSS (S. 235 – CrPC)

Change –

Judgment: Period fixed –
30 days from arguments		258. Judgment of acquittal or conviction. (1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may for specific reasons extend to a period of sixty days. (2) ….

CHAPTER XXII – SUMMARY TRIALS (s. 283 – 288)

S. 283 BNSS (S. 260 – CrPC)

Replaces CrPC sections.  

Offences listed in this Section shall be tried in a summary way.

[In IPC, summary-trial (of certain offences) was at the discretion of the Magistrate]

(2) Offences punishable below 3 years
The Magistrate may,
after hearing the accused,
and recording reasons –
try all or any of the offences
punishable below 3 years –
in a summary way		283. Power to try summarily.  
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:—
(i) theft….;
(ii) receiving or retaining stolen property, …. value of the property does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property …, where the value of such property does not exceed 20,000 rupees;
(iv) offences under section 330 of the BNS, 2023;
(v) insult with intent to provoke a breach of the peace, and criminal intimidation, under section 349 …
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, …
(viii) offence … under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years.

CHAPTER XXIII: PLEA BARGAINING (s. 289 – 300)

S. 290 BNSS (S. 265B – CrPC)

Change –
Plea bargaining: time limit –
30 days from framing of charge.		290. Application for plea bargaining.  (1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial.

CHAPTER XXV: EVIDENCE IN INQUIRIES AND TRIALS (s. 307 – 336)

S. 330 BNSS (S. 294 – CrPC)

Change

In calling upon (opposite side) to admit or deny the genuineness of document.

New provisos
 • First, time limit of 30 days. (Court can relax the time limit)
 • Second, no expert be called to appear, unless report is disputed.		330.No formal proof of certain documents
(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply:
Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing:
Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial.
S. 336 BNSS

New

“Evidence” of public servants, experts, police officers
transferred,
retired, or
died –
 • “be secured” through the successor officer.		336.  Evidence of public servants, experts, police officers in certain cases. Where any document or report prepared by a public servant, scientific expert, medical officer or investigating officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and—
(i) such public servant, expert or officer is either transferred, retired, or died; or (ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report.

CHAPTER XXVI: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS (s. 337 to 366)

S. 349 BNSS (S. 311A – CrPC)

Power of Magistrate to order to give specimen signatures or handwriting

The words “or finger impressions” and “or
voice sample” are new.

Under S. 311A CrPC, no order could be made unless the person has (at some time) been arrested in that proceeding.		349.Power of Magistrate to order person to give specimen signatures or handwriting. If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case …
Provided …
Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested.
S. 356 BNSS

New –

proclaimed offenders – no immediate prospect of arresting him-
• Court shall, proceed with the trial in the like manner as if he was present.		356. Inquiry trial or judgment in absentia of proclaimed offender
(1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment.

CHAPTER XXIX: THE JUDG MENT (s. 392 – 406

S. 398 BNSS

New –
Witness protection scheme		398. Witness protection scheme. Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.

CHAPTER XXXIX: MISCELLANEOUS (S. 520 – 531)

S. 530 BNSS

New –

Trial and proceedings–
may be held in electronic mode,
by use of electronic communication or use of audio-video electronic means.		530. Trial and proceedings to be held in electronic mode
All trials, inquires and proceedings under this Code, including – (i) summons and warrant, issuance, service and execution thereof; (ii) holding of inquiry; (iii) examination of complainant and witnesses; (iv) trial before a Court of Session, trial in warrant cases, trial in summons-cases, summary trials and plea bargaining; (v) recording of evidence in inquiries and trials; (vi) trials before High Courts; (vii) all appellate proceedings and such other proceedings, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
S. 531 BNSS
Repeal and savings

All investigations, trials, appeals, etc. pending on 1st July 2024 shall be proceeded under the provisions of the CrPC (except inquiry under Chapter XIV of the CrPC – as to taking cognizance etc.)  

Note:
The offences, committed before 1st July 2024 (and its punishment), are dealt with under the IPC.		531. Repeal and savings.
(1) The Code of Criminal Procedure, 1973 is hereby repealed.
(2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
…

Epitome

Major changes include –

  • 1. Use of technology and electronic mode
  • 2. Mandates collection of forensic evidence in investigation (after effecting Notification thereof within 5 years) – for offences punishable for seven years or more.
  • 3. Deadlines –
    • Judgment within 30 days of the arguments (extendable up to 60 days);
    • Information to the victim as to the progress of the investigation within 90days, and
    • Framing of charges by a sessions court within 60 days of the first hearing on such charges.
  • 4. Trial, even in absence of a proclaimed offender.
  • 5. Introduced:
    • ‘Preliminary inquiry’ before filing FIR (for offences punishable for 3 years or more but less than 7 years).
    • Concept of Zero FIR (“irrespective of the area”) and e-FIR.
  • 6. Further investigation –
  • permission of magistrate is not needed after a (final) report has been forwarded.
  • But, for further investigation “during the trial” permission of the Court is needed.
  • 7. “Evidence” of public servants can “be secured” through the successor officer.
  • 8. Collection of Samples (including finger impressions and voice), without arrest.
  • 9. Power of police to detain or remove any person.
  • 10. State Government shall prepare Witness protection scheme

Conclusion

Doubts are seen raised, and questions are boosted –

  • Was a new enactment really required?
  • Wasn’t it proper to bring-in the changes by an amendment?

Whatever may be the answer, one thing is important –

  • Implementation of technology and electronic mode in Investigation and Trial (including that in Recording certain FIRs, Search and Seizure etc.) is ‘in tune with the times’.

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