This article is written by Riya Tyagi, NAS College, Meerut
In India, there is a substantial transformation with the replacement of the colonial-era Code of Criminal Procedure, 1973, by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This transition is not just a change in the name of the act; it makes it simple, organised, and easy to understand, which not only reduces ambiguity in minds but also aligns it with contemporary societal needs. This article examines in-depth the objectives behind amendments, key highlights, impact and challenges in the new Act.
Keywords: Bharatiya Nagarik Suraksha Sanhita (BNSS), Code of Criminal Procedure (CrPC), Criminal justice reform, Procedural law, Arrest and bail reform & Victim rights.
INTRODUCTION
Enacted in the post-independence era, the CrPC, 1973 was largely an extension of the Colonial Code of 1898. Even with India’s advancements in law and government, many procedural elements remained antiquated, hostile, and disconnected from the realities of everyday life. Law Commission studies and parliamentary discussions have extensively addressed the necessity for streamlining, cutting down on delays, including victim rights, and improving technological integration.
OBJECTIVE
- The existing criminal laws were from the colonial era. And those are made with the intention to rule and oppress the Indian not to deliver justices.
- Currently, many section are irrelevant of the existing law. So, new criminal laws are mandatory to address contemporary issues.
- There is need to prioritize public safety by targeting activities like violent crime, terrorism etc.
- New criminal law ensures that to provide full protection of fundamental rights and liberties.
- Legislation aims to improve the process, technique or technology to enhance law enforcement capabilities.
- In the present scenario, criminal activities are increasingly crossing the national border. So, there is a need to facilitate international cooperation, such as drug trafficking, human trafficking and money laundering.
KEY CHANGES
1. Structural Reorganization and Simplification
The BNSS has 531 sections compared to the 484 sections in the CrPC. This increase is not due to added complexity, but rather to a better reorganization of provisions. Clauses that were previously clubbed together have been separated for clarity.
Example: Provisions related to FIRs, arrests, and bail have been categorised more systematically, enabling easier navigation for law enforcement officers and legal practitioners.
2. Technology Integration
One of the most significant differences between the CrPC and the BNSS lies in the introduction of technology.
BNSS Innovations:
- Electronic FIRs: Provision for filing FIRs online, especially for offences punishable up to three years, has been introduced.
- Digital Evidence Handling: Statements, confessions, and evidence can now be recorded electronically, including via video conferencing.
- E-summons and warrants: Service of summons, notices, and warrants may now be done through electronic communication such as emails and messaging apps.
These changes signify a major step forward in addressing delays in process service and modernizing procedural bottlenecks.
3. Victim-Centric Approach
The BNSS provides a number of provisions to safeguard and empower victims, whereas the CrPC was primarily concerned with the prosecution and the accused.
Notable Modifications:
• Victim Participation: When charges are being framed, victims of specific crimes may be heard.
• Information to Victims: Police must update victims on the status of the investigation and court processes.
• Timely Compensation: The State is required by the BNSS to give victims temporary relief in a timely way.
This closes a long-standing gap in the system by demonstrating a more compassionate and rights-based approach to criminal procedure.
4. Stringent Timelines and Accountability
The imposition of time restrictions for various stages of criminal procedures, which were not strictly enforced in CrPC, is another notable aspect of BNSS.
For instance:• Charge-sheet filing: If the sentence is more than ten years, the inquiry must be finished within ninety days; otherwise, it must be finished within sixty days.
• Bail Disposal: Applications for bail must be decided by magistrates within seven days.
• Charges must be framed by courts within sixty days after the charge sheet being filed.
A long-standing concern within the CrPC framework is the reduction of case pendency and the provision of prompt justice.
5. Arrests and Bail Reforms
The CrPC has frequently come under fire for permitting needless arrests. To reduce indiscriminate arrests, the BNSS takes into account suggestions from the Law Commission and directives from the Supreme Court.
BNSS Reforms:
• Section 35 (BNSS): Requires police personnel to document the reasons for both arrests and non-arrests for offences carrying sentences shorter than seven years.
• Mandatory Bail Hearings: Applications for anticipatory bail are encouraged in small situations, subject to certain requirements to prevent unfair denial of liberty.
In keeping with constitutional principles, this change represents a balance between individual freedom and public order.
6. Community and Preventive Policing
The CrPC’s provisions on preventive measures and maintenance of law and order have been broadened under the BNSS.
Extra:• Public Safety Orders: In delicate circumstances, authorities may issue public safety orders.
• Community Policing: Under the direction of police and district magistrates, the BNSS formally promotes local communities’ participation in crime prevention.
In rural and semi-urban areas, this structure enhances law enforcement and promotes decentralisation.
7. Juvenile Justice and Gender Sensitivity
The BNSS guarantees compliance with child-sensitive processes even though the Juvenile Justice Act is still in effect.
• Identity protection: BNSS upholds the prohibition against revealing victims’ identities in sexual offences.
• Female Officers for Women Victims: Female officers are required to document the statements of female victims.
Although the CrPC has provisions on them, the BNSS makes compliance mandatory and codifies them more strongly. Withdrawal of Prosecution and Plea Bargaining.
8. Withdrawal of Prosecution and Plea Bargaining
Plea bargaining and compounding of charges are made clearer and more expansive under the BNSS.
In BNSS:
• Plea Bargaining: To speed up the resolution of cases, more offences are eligible for plea bargaining.
• State Withdrawal: The victim and the court must be notified before the prosecution is dropped.
These characteristics encourage transparency and prohibit the arbitrary use of discretion.
9. Fugitive Accused and Absentia Trials
Comprehensive measures for dealing with fugitive or absconding accused were absent from the CrPC. For those convicted of heinous crimes including rape, organised crime, and terrorism, BNSS offers trials in absentia.
10. De-colonial and Indigenous Language Shift
The most symbolic departure from CrPC lies in the intent to decolonize Indian law. The very name “Bharatiya Nagarik Suraksha Sanhita” reflects an indigenous identity.
The terminology has been made simpler and more rooted in Indian languages. The drafters also aim to translate these laws into all Scheduled languages, making law more accessible to the common citizen.
IMPACT
- In new criminal laws definition of criminal offenses are wider as comparison to existing law.
- In new laws, heavy fines, penalties, longer prison introduced which make it stricter than existing law.
- In new law, there are provision of international treaties or standard. so, in that case lawyer areas are expanded.
- In legal practices, the new criminal laws may create uncertainties because of implementation challenges.
CHALLENGES
- There is no replacement for Section 377 in the Sanhita. The Honourable Supreme Court of India partially decriminalised Section 377, which had previously made gay intercourse between consenting adults illegal, in the case of Navtej Singh Johar v. Union of India. However, there is currently no mention of nonconsensual sexual offences against men, women, transgender people, or bestiality in the Bhartiya Nyaya Sanshita, 2023. As a result, the standing committee suggested that section 377 of the IPC be added back into the proposed legislation.
- Moreover, BNS has not succeeded in making the crime of rape gender neutral. Inequality in the legal system is sustained by the failure to make rape legislation gender-neutral. It ignores the fact that anyone can become a victim of rape, regardless of gender or sexual orientation.
- Marital rape is still seen by the BNS as an exception to rape. This seems to go against the declared objectives of giving crimes against women and children priority. The fact that new criminal rules do not include marital rape is an obvious omission that should be criticised.
- Honorable Supreme Court of India struck down section 497 of IPC in Joseph Shine v. Union of India as it violated Article 14, 15 & 21 of the Constitution. This provision only penalised the married man and reduced the married woman to be a property of her husband. But in this regard, the institution of marriage is considered sacred in Indian society, and there is a vital need to safeguard its sanctity.
CONCLUSION
The transition from the Code of Criminal Procedure, 1973, created a huge impact on legal history. In Bharatiya Nagarik Suraksha Sanhita (BNSS), legislative make it according to the needs of the current scenario, such as e-FIR, digitalisation, videography, etc., which creates a huge impact and also reduces criminal activities.
FREQUENTLY ASKED QUESTIONS
What is BNSS?
BNSS is the Bharatiya Nagarik Suraksha Sanhita replacing the CrPC framework.
Why was BNSS introduced?
It aims to modernise criminal procedure and improve efficiency in justice delivery.
What major changes does BNSS introduce?
It includes e-FIRs, digital records, forensic integration, and procedural timelines.
How does BNSS affect citizens?
It expands digital access and changes investigation and trial procedures.
Does BNSS completely replace CrPC principles?
No, many procedural concepts remain, but several provisions are updated.
REFERENCES
- https://www.lexisnexis.com/blogs/in-legal/b/law/posts/new-criminal-laws-in-india
- https://thelawwaywithlawyers.com/comparative-analysis-of-bnss-and-crpc-understanding-the-shifts-in-indias-criminal-justice-framework/
- https://www.lawjournals.org/assets/archives/2025/vol11issue4/10287.pdf
- https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/
- Bharatiya Nagarik Suraksha Sanhita (BNSS) ACT, 2023.
- Law commission of India, report no. 277 (2018) Mali math Committee Report.
