Bharatiya Nagarik Suraksha Sanhita

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the new criminal procedure code that came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973 (CrPC). It governs the procedure for investigation, inquiry, trial, and sentencing of criminal offences — the procedural counterpart to the substantive criminal law in the Bharatiya Nyaya Sanhita, 2023 (BNS). The BNSS contains 531 sections, compared to 484 in the CrPC, reflecting expanded and clarified provisions in several areas.

Key changes in the BNSS from the CrPC include: (1) Zero FIR — the BNSS codifies the concept of the Zero FIR (already recognised by the Supreme Court) as a statutory right; any police station must register an FIR regardless of territorial jurisdiction, and then transfer it to the appropriate station; (2) Technology and trials — the BNSS makes extensive provision for video-conferencing-based trials, electronic evidence, and digital service of summons; (3) Trial timelines — the BNSS imposes specific time limits for trials in certain categories of cases; (4) Organised crime and terrorism — it contains procedure for new BNS offences including organised crime and terrorism; and (5) Victim rights — the BNSS provides for compensation to victims as an integral part of the sentencing process.

The BNSS introduces the concept of 'summary trial' for a wider category of offences, enabling faster disposal of less serious cases. It also provides for trials in the absence of the accused in specific circumstances — a controversial but practically significant provision for cases where the accused has absconded. The provisions for witness protection, special courts for heinous offences, and mandatory timelines for completing trials are among the most reform-oriented features of the BNSS.

One of the most practically significant changes in the BNSS is the comprehensive electronic framework for criminal procedure. Service of summons, production of witnesses, recording of statements, and even examination of accused persons may be done through electronic means. This addresses the perennial problem of delayed service of summons — particularly in cases where witnesses and accused are located in distant states — and is expected to reduce delays caused by failure of physical service.

For advocates, the BNSS transition requires urgent attention to the new section numbers for familiar CrPC provisions: Section 482 CrPC (quashing powers) is now Section 528 BNSS; Section 436A CrPC (undertrial bail) is Section 479 BNSS; Section 154 CrPC (FIR) is Section 173 BNSS; Section 164 CrPC (confession to Magistrate) is Section 183 BNSS; and Section 167 CrPC (default bail/remand) is Section 187 BNSS. Citing the wrong section in a petition is a formal error that opposing counsel will quickly exploit.