This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the Code of Criminal Procedure (CrPC), 1973, as part of a comprehensive overhaul of India’s criminal law framework alongside the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023. All three enactments came into force on 1 July 2025.
The CrPC comprised 37 Chapters and 484 Sections. The BNSS comprises 39 Chapters and 531 Sections.
1. Mandatory Forensic Investigation
CrPC: No mandatory requirement for forensic evidence collection.
BNSS (Section 176): For offences punishable with imprisonment of seven years or more, a forensic expert must visit the crime scene, collect forensic evidence, and document the process using electronic devices (mobile phone or other electronic means).
2. Electronic and Digital Procedures
CrPC: Proceedings were largely paper-based.
BNSS: All trials, inquiries, and proceedings may be held in electronic mode. The BNSS integrates digital processes across multiple stages:
- Audio-video recording of search and seizure operations is now mandated
- Electronic communication is recognised for serving summons and notices
- Digital evidence presentation during investigations and proceedings is formalised
3. Changes to Police Custody
CrPC (Section 167): Police custody was limited to 15 days, which had to be sought within the initial period of remand.
BNSS (Section 187): The 15-day police custody limit is retained, but it may now be authorised in parts during the initial 40 or 60 days (depending on the offence) of the total 60 or 90 days of judicial custody. Police custody need not be taken continuously and may be sought at different stages of the investigation.
4. Bail for Undertrials
CrPC (Section 436A): An undertrial who had spent half the maximum period of imprisonment in detention was entitled to release on personal bond. This did not apply to offences punishable with death.
BNSS (Section 479): This provision now also excludes:
- Offences punishable with life imprisonment
- Persons against whom proceedings are pending in more than one offence
This significantly restricts bail eligibility for a large number of undertrials, as most chargesheets list multiple offences.
5. Anticipatory Bail
CrPC (Section 438): Contained guiding factors for courts — the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of the applicant fleeing from justice.
BNSS (Section 482): The guiding factors have been deleted, giving courts wider discretion in deciding anticipatory bail applications. Additionally, anticipatory bail is expressly unavailable for certain offences under Sections 65 and 70(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.
6. Use of Handcuffs
CrPC: No specific provision. The Supreme Court in Prem Shankar Shukla v. Delhi Administration (1980) held that handcuffing is prima facie inhumane and unreasonable, permissible only in exceptional circumstances.
BNSS (Section 43(3)): Expressly permits the use of handcuffs while arresting persons accused of offences including:
- Organised crime
- Terrorism-related offences
- Drug-related offences
- Offences involving illegal possession of arms
- Murder
- Rape
- Acid attacks
- Counterfeiting
- Economic offences
7. Trial in Absentia
CrPC: No provision for conducting trials in the absence of the accused.
BNSS (Section 356): Where a person has been declared a proclaimed offender and has absconded with no immediate prospect of arrest, the trial may proceed and judgment may be pronounced in the absence of the accused.
8. Expanded Biometric Data Collection
CrPC (Section 73): Limited to obtaining specimen signatures and handwriting of the accused.
BNSS: The scope is expanded to include collection of finger impressions and voice samples. Notably, this data may be collected even from persons who have not been arrested.
9. Mandatory Timelines
The BNSS introduces specific deadlines for various procedural stages:
| Stage | Timeline |
|---|---|
| Medical examination report | Within 7 days |
| Charge framing | Within 60 days of first hearing |
| Judgment delivery after conclusion of trial | Within 30 days (extendable to 60 days with reasons) |
| Notification of case progress to victim | Every 90 days |
10. Property Attachment
CrPC: Limited provisions for attachment of property during investigation.
BNSS: Extends seizure authority to immovable property connected with the offence. However, the safeguards are narrower than those under the Prevention of Money Laundering Act, 2002 — providing only a 14-day show cause notice period (compared to 30 days under PMLA) and no specified duration limit for attachment.
11. Plea Bargaining
CrPC (Section 265B): No specific time limit for filing plea bargaining applications.
BNSS: Introduces a 30-day deadline from the date of charge framing for filing plea bargaining applications, restricting the window that was previously available.
12. Successor Investigator Testimony
BNSS: Where an investigating officer who prepared a document or report is unavailable, the court may permit the successor officer to depose regarding that document. The deposing officer may not have personal knowledge of the investigation, which has implications for cross-examination.
What Was Not Included
Several recommendations from the Law Commission and Parliamentary Committees were not incorporated:
- Statutory sentencing guidelines
- Compensation for persons wrongfully accused or acquitted
- Codified rights of the accused
- Enhanced definition of bail
Useful Resources
- BNSS 2023 — PRS Legislative Research
- BNSS Handbook (English) — Bureau of Police Research and Development
- CrPC vs BNSS Comparison Summary — BPRD
- Comparative Chart — The Law Codes
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.