Bharatiya Nagrik Suraksha Sanhita, 2023: New Criminal Law

0 0 RABI KR. PANDIT Tuesday, August 19, 2025 Edit this post

Bharatiya Nagarik Suraksha Sanhita (BNSS)

India has recently taken a big step in reforming its criminal justice system by introducing three new criminal laws in place of the old colonial-era laws. Among these, Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 is one of the most important. It replaces the Code of Criminal Procedure (CrPC), 1973, which has been the backbone of Indian criminal procedure for the last 50 years.

In this blog, we will understand everything about Bharatiya Nagrik Suraksha Sanhita, 2023 in a simple and easy way – its background, need for change, key provisions, important features, and how it will impact common citizens.

Bharatiya Nagarik Suraksha Sanhita (BNSS)

What is the Bharatiya Nagrik Suraksha Sanhita?

The Bharatiya Nagrik Suraksha Sanhita, or BNSS for short, means "Indian Citizen Safety Code" in English. This law was introduced on 11th August 2023 by Amit Shah, the Minister of Home Affairs, in the Lok Sabha. It was enacted on December 25, 2023, with the stated objective of repealing pre-independence, 19th century colonial-era criminal laws.
This new law is like a guidebook that tells police, courts, and lawyers how to handle criminal cases. It covers everything from how to file a complaint to how cases are decided in court. The main goal is to make the justice system faster, fairer, and more efficient for ordinary citizens.

Introduction to Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023

The Bharatiya Nagrik Suraksha Sanhita, 2023 is a new law passed by the Indian Parliament in December 2023. It replaces the Criminal Procedure Code (CrPC), 1973, which was itself based on the colonial-era laws introduced by the British.
BNSS 2023 provides the procedures for investigation, trial, bail, evidence collection, filing of FIR, rights of accused, rights of victims, and other criminal justice processes.
It has a total of 531 sections, compared to 484 sections in CrPC. Out of these, many sections are completely new, some have been modified, and some old ones have been removed.
The main aim of BNSS is to make the criminal justice system faster, more transparent, citizen-friendly, and technology-driven.

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
——————
ARRANGEMENT OF CLAUSES
——————

CHAPTER I
PRELIMINARY

Short title, extent and commencement.
Definitions.
Construction of references.
Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
Saving.

CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts.
7. Territorial divisions.
8. Court of Session.
9. Courts of Judicial Magistrates.
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
11. Special Judicial Magistrates.
12. Local Jurisdiction of Judicial Magistrates.
13. Subordination of Judicial Magistrates.
14. Executive Magistrates.
15. Special Executive Magistrates.
16. Local Jurisdiction of Executive Magistrates.
17. Subordination of Executive Magistrates.
18. Public Prosecutors.
19. Assistant Public Prosecutors.
20. Directorate of Prosecution.

CHAPTER III
POWER OF COURTS
21. Courts by which offences are triable.
22. Sentences which High Courts and Sessions Judges may pass.
23. Sentences which Magistrates may pass.
24. Sentence of imprisonment in default of fine.

AS PASSED BY LOK SABHA

25. Sentence in cases of conviction of several offences at one trial.
26. Mode of conferring powers.
27. Powers of officers appointed.
28. Withdrawal of powers.
29. Powers of Judges and Magistrates exercisable by their successors-in-office.

CHAPTER IV - POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

30. Powers of superior officers of police.
31. Public when to assist Magistrates and police.
32. Aid to person, other than police officer, executing warrant.
33. Public to give information of certain offences.
34. Duty of officers employed in connection with affairs of a village to make certain report.

CHAPTER V - ARREST OF PERSONS

35. When police may arrest without warrant.
36. Procedure of arrest and duties of officer making arrest.
37. Designated police officer.
38. Right of arrested person to meet an advocate of his choice during interrogation.
39. Arrest on refusal to give name and residence.
40. Arrest by private person and procedure on such arrest.
41. Arrest by Magistrate.
42. Protection of members of Armed Forces from arrest.
43. Arrest how made.
44. Search of place entered by person sought to be arrested.
45. Pursuit of offenders into other jurisdictions.
46. No unnecessary restraint.
47. Person arrested to be informed of grounds of arrest and of right to bail.
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.
49. Search of arrested person.
50. Power to seize offensive weapons.
51. Examination of accused by medical practitioner at request of police officer.
52. Examination of person accused of rape by medical practitioner.
53. Examination of arrested person by medical officer.
54. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
56. Health and safety of arrested person.

CLAUSES
57. Person arrested to be taken before Magistrate or officer in charge of police station.
58. Person arrested not to be detained more than twenty-four hours.
59. Police to report apprehensions.
60. Discharge of person apprehended.
61. Power, on escape, to pursue and retake.
62. Arrest to be made strictly according to Sanhita.

CHAPTER VI
PROCESSES TO COMPEL APPEARANCE

A.—Summons
63. Form of summons.
64. Summons how served.
65. Service of summons on corporate bodies, firms and societies.
66. Service when persons summoned cannot be found.
67. Procedure when service cannot be effected as before provided.
68. Service on Government servant.
69. Service of summons outside local limits.
70. Proof of service in such cases and when serving officer not present.
71. Service of summons on witness.

B.—Warrant of arrest
72. Form of warrant of arrest and duration.
73. Power to direct security to be taken.
74. Warrants to whom directed.
75. Warrant may be directed to any person.
76. Warrant directed to police officer.
77. Notification of substance of warrant.
78. Person arrested to be brought before Court without delay.
79. Where warrant may be executed.
80. Warrant forwarded for execution outside jurisdiction.
81. Warrant directed to police officer for execution outside jurisdiction.
82. Procedure on arrest of person against whom warrant issued.
83. Procedure by Magistrate before whom such person arrested is brought.

C.—Proclamation and attachment
84. Proclamation for person absconding.
85. Attachment of property of person absconding.
86. Identification and attachment of property of proclaimed person.
87. Claims and objections to attachment.
88. Release, sale and restoration of attached property.
89. Appeal from order rejecting application for restoration of attached property.

D.—Other rules regarding processes

90. Issue of warrant in lieu of, or in addition to, summons.
91. Power to take bond or bail bond for appearance.
92. Arrest on breach of bond or bail bond for appearance.
93. Provisions of this Chapter generally applicable to summons and warrants of arrest.

CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce
94. Summons to produce document or other thing.
95. Procedure as to letters.

B.—Search-warrants
96. When search-warrant may be issued.
97. Search of place suspected to contain stolen property, forged documents, etc.
98. Power to declare certain publications forfeited and to issue search-warrants for same.
99. Application to High Court to set aside declaration of forfeiture.
100. Search for persons wrongfully confined.
101. Power to compel restoration of abducted females.

C.—General provisions relating to searches
102. Direction, etc., of search-warrants.
103. Persons in charge of closed place to allow search.
104. Disposal of things found in search beyond jurisdiction.

D.—Miscellaneous
105. Recording of search and seizure through audio-video electronic means.
106. Power of police officer to seize certain property.
107. Attachment, forfeiture or restoration of property.
108. Magistrate may direct search in his presence.
109. Power to impound document, etc., produced.
110. Reciprocal arrangements regarding processes.

CHAPTER VIII
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
111. Definitions.
112. Letter of request to competent authority for investigation in a country or place outside India.
113. Letter of request from a country or place outside India to a Court or an authority for investigation in India.
114. Assistance in securing transfer of persons.
115. Assistance in relation to orders of attachment or forfeiture of property.
116. Identifying unlawfully acquired property.
117. Seizure or attachment of property.

118. Management of properties seized or forfeited under this Chapter.
119. Notice of forfeiture of property.
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture.
122. Certain transfers to be null and void.
123. Procedure in respect of letter of request.
124. Application of this Chapter.

CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
125. Security for keeping peace on conviction.
126. Security for keeping peace in other cases.
127. Security for good behaviour from persons disseminating certain matters.
128. Security for good behaviour from suspected persons.
129. Security for good behaviour from habitual offenders.
130. Order to be made.
131. Procedure in respect of person present in Court.
132. Summons or warrant in case of person not so present.
133. Copy of order to accompany summons or warrant.
134. Power to dispense with personal attendance.
135. Inquiry as to truth of information.
136. Order to give security.
137. Discharge of person informed against.
138. Commencement of period for which security is required.
139. Contents of bond.
140. Power to reject sureties.
141. Imprisonment in default of security.
142. Power to release persons imprisoned for failing to give security.
143. Security for unexpired period of bond.

CHAPTER X
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
144. Order for maintenance of wives, children and parents.
145. Procedure.
146. Alteration in allowance.
147. Enforcement of order of maintenance.

CHAPTER XI
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies
148. Dispersal of assembly by use of civil force.
149. Use of armed forces to disperse assembly.

150. Power of certain armed force officers to disperse assembly.
151. Protection against prosecution for acts done under sections 148, 149 and 150.

B.—Public nuisances
152. Conditional order for removal of nuisance.
153. Service or notification of order.
154. Person to whom order is addressed to obey or show cause.
155. Penalty for failure to comply with section 154.
156. Procedure where existence of public right is denied.
157. Procedure where person against whom order is made under section 152 appears to show cause.
158. Power of Magistrate to direct local investigation and examination of an expert.
159. Power of Magistrate to furnish written instructions, etc.
160. Procedure on order being made absolute and consequences of disobedience.
161. Injunction pending inquiry.
162. Magistrate may prohibit repetition or continuance of public nuisance.

C.—Urgent cases of nuisance or apprehended danger
163. Power to issue order in urgent cases of nuisance or apprehended danger.

D.—Disputes as to immovable property
164. Procedure where dispute concerning land or water is likely to cause breach of peace.
165. Power to attach subject of dispute and to appoint receiver.
166. Dispute concerning right of use of land or water.
167. Local inquiry.

CHAPTER XII
PREVENTIVE ACTION OF THE POLICE
168. Police to prevent cognizable offences.
169. Information of design to commit cognizable offences.
170. Arrest to prevent commission of cognizable offences.
171. Prevention of injury to public property.
172. Persons bound to conform to lawful directions of police.

CHAPTER XIII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
173. Information in cognizable cases.
174. Information as to non-cognizable cases and investigation of such cases.
175. Police officer's power to investigate cognizable case.
176. Procedure for investigation.
177. Report how submitted.
178. Power to hold investigation or preliminary inquiry.
179. Police officer's power to require attendance of witnesses.
180. Examination of witnesses by police.
181. Statements to police and use thereof.
182. No inducement to be offered.

183. Recording of confessions and statements.
184. Medical examination of victim of rape.
185. Search by police officer.
186. When officer in charge of police station may require another to issue search-warrant.
187. Procedure when investigation cannot be completed in twenty-four hours.
188. Report of investigation by subordinate police officer.
189. Release of accused when evidence deficient.
190. Cases to be sent to Magistrate, when evidence is sufficient.
191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.
192. Diary of proceedings in investigation.
193. Report of police officer on completion of investigation.
194. Police to enquire and report on suicide, etc.
195. Power to summon persons.
196. Inquiry by Magistrate into cause of death.

CHAPTER XIV
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
197. Ordinary place of inquiry and trial.
198. Place of inquiry or trial.
199. Offence triable where act is done or consequence ensues.
200. Place of trial where act is an offence by reason of relation to other offence.
201. Place of trial in case of certain offences.
202. Offences committed by means of electronic communications, letters, etc.
203. Offence committed on journey or voyage.
204. Place of trial for offences triable together.
205. Power to order cases to be tried in different sessions divisions.
206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
207. Power to issue summons or warrant for offence committed beyond local jurisdiction.
208. Offence committed outside India.
209. Receipt of evidence relating to offences committed outside India.

CHAPTER XV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
210. Cognizance of offences by Magistrate.
211. Transfer on application of accused.
212. Making over of cases to Magistrates.
213. Cognizance of offences by Court of Session.
214. Additional Sessions Judges to try cases made over to them.
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
216. Procedure for witnesses in case of threatening, etc.

217. Prosecution for offences against State and for criminal conspiracy to commit such offence.
218. Prosecution of Judges and public servants.
219. Prosecution for offences against marriage.
220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
221. Cognizance of offence.
222. Prosecution for defamation.

CHAPTER XVI
COMPLAINTS TO MAGISTRATES
223. Examination of complainant.
224. Procedure by Magistrate not competent to take cognizance of case.
225. Postponement of issue of process.
226. Dismissal of complaint.

CHAPTER XVII
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
227. Issue of process.
228. Magistrate may dispense with personal attendance of accused.
229. Special summons in cases of petty offence.
230. Supply to accused of copy of police report and other documents.
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
232. Commitment of case to Court of Session when offence is triable exclusively by it.
233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence.

CHAPTER XVIII
THE CHARGE

A.—Form of charges
234. Contents of charge.
235. Particulars as to time, place and person.
236. When manner of committing offence must be stated.
237. Words in charge taken in sense of law under which offence is punishable.
238. Effect of errors.
239. Court may alter charge.
240. Recall of witnesses when charge altered.

B.—Joinder of charges
241. Separate charges for distinct offences.
242. Offences of same kind within year may be charged together.
243. Trial for more than one offence.
244. Where it is doubtful what offence has been committed.

245. When offence proved included in offence charged.
246. What persons may be charged jointly.
247. Withdrawal of remaining charges on conviction on one of several charges.

CHAPTER XIX
TRIAL BEFORE A COURT OF SESSION
248. Trial to be conducted by Public Prosecutor.
249. Opening case for prosecution.
250. Discharge.
251. Framing of charge.
252. Conviction on plea of guilty.
253. Date for prosecution evidence.
254. Evidence for prosecution.
255. Acquittal.
256. Entering upon defence.
257. Arguments.
258. Judgment of acquittal or conviction.
259. Previous conviction.
260. Procedure in cases instituted under sub-section (2) of section 222.

CHAPTER XX
TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report
261. Compliance with section 230.
262. When accused shall be discharged.
263. Framing of charge.
264. Conviction on plea of guilty.
265. Evidence for prosecution.
266. Evidence for defence.

B.—Cases instituted otherwise than on police report
267. Evidence for prosecution.
268. When accused shall be discharged.
269. Procedure where accused is not discharged.
270. Evidence for defence.

C.—Conclusion of trial
271. Acquittal or conviction.
272. Absence of complainant.
273. Compensation for accusation without reasonable cause.

CLAUSES
CHAPTER XXI
TRIAL OF SUMMONS-CASES BY MAGISTRATES

274. Substance of accusation to be stated.
275. Conviction on plea of guilty.
276. Conviction on plea of guilty in absence of accused in petty cases.
277. Procedure when not convicted.
278. Acquittal or conviction.
279. Non-appearance or death of complainant.
280. Withdrawal of complaint.
281. Power to stop proceedings in certain cases.
282. Power of Court to convert summons-cases into warrant-cases.

CHAPTER XXII
SUMMARY TRIALS
283. Power to try summarily.
284. Summary trial by Magistrate of second class.
285. Procedure for summary trials.
286. Record in summary trials.
287. Judgment in cases tried summarily.
288. Language of record and judgment.

CHAPTER XXIII
PLEA BARGAINING
289. Application of Chapter.
290. Application for plea bargaining.
291. Guidelines for mutually satisfactory disposition.
292. Report of mutually satisfactory disposition to be submitted before Court.
293. Disposal of case.
294. Judgment of Court.
295. Finality of judgment.
296. Power of Court in plea bargaining.
297. Period of detention undergone by accused to be set off against sentence of imprisonment.
298. Savings.
299. Statements of accused not to be used.
300. Non-application of Chapter.

CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
301. Definitions.
302. Power to require attendance of prisoners.
303. Power of State Government or Central Government to exclude certain persons from operation of section 302.
304. Officer in charge of prison to abstain from carrying out order in certain contingencies.

305. Prisoner to be brought to Court in custody.
306. Power to issue commission for examination of witness in prison.

CHAPTER XXV
EVIDENCE IN INQUIRIES AND TRIALS
A.—Mode of taking and recording evidence
307. Language of Courts.
308. Evidence to be taken in presence of accused.
309. Record in summons-cases and inquiries.
310. Record in warrant-cases.
311. Record in trial before Court of Session.
312. Language of record of evidence.
313. Procedure in regard to such evidence when completed.
314. Interpretation of evidence to accused or his advocate.
315. Remarks respecting demeanour of witness.
316. Record of examination of accused.
317. Interpreter to be bound to interpret truthfully.
318. Record in High Court.

B.—Commissions for the examination of witnesses
319. When attendance of witness may be dispensed with and commission issued.
320. Commission to whom to be issued.
321. Execution of commissions.
322. Parties may examine witnesses.
323. Return of commission.
324. Adjournment of proceeding.
325. Execution of foreign commissions.
326. Deposition of medical witness.
327. Identification report of Magistrate.
328. Evidence of officers of Mint.
329. Reports of certain Government scientific experts.
330. No formal proof of certain documents.
331. Affidavit in proof of conduct of public servants.
332. Evidence of formal character on affidavit.
333. Authorities before whom affidavits may be sworn.
334. Previous conviction or acquittal how proved.
335. Record of evidence in absence of accused.
336. Evidence of public servants, experts, police officers in certain cases.

CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. Person once convicted or acquitted not to be tried for same offence.
338. Appearance by Public Prosecutors.
339. Permission to conduct prosecution.
340. Right of person against whom proceedings are instituted to be defended.
341. Legal aid to accused at State expense in certain cases.
342. Procedure when corporation or registered society is an accused.
343. Tender of pardon to accomplice.
344. Power to direct tender of pardon.
345. Trial of person not complying with conditions of pardon.
346. Power to postpone or adjourn proceedings.
347. Local inspection.
348. Power to summon material witness, or examine person present.
349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.
350. Expenses of complainants and witnesses.
351. Power to examine accused.
352. Oral arguments and memorandum of arguments.
353. Accused person to be competent witness.
354. No influence to be used to induce disclosure.
355. Provision for inquiries and trial being held in absence of accused in certain cases.
356. Inquiry, trial or judgment in absentia of proclaimed offender.
357. Procedure where accused does not understand proceedings.
358. Power to proceed against other persons appearing to be guilty of offence.
359. Compounding of offences.
360. Withdrawal from prosecution.
361. Procedure in cases which Magistrate cannot dispose of.
362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.
363. Trial of persons previously convicted of offences against coinage, stamp-law or property.
364. Procedure when Magistrate cannot pass sentence sufficiently severe.
365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
366. Court to be open.

CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
367. Procedure in case of accused being person of unsound mind.
368. Procedure in case of person of unsound mind tried before Court.
369. Release of person of unsound mind pending investigation or trial.
370. Resumption of inquiry or trial.
371. Procedure on accused appearing before Magistrate or Court.
372. When accused appears to have been of sound mind.
373. Judgment of acquittal on ground of unsoundness of mind.

374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.

375. Power of State Government to empower officer in charge to discharge.

376. Procedure where prisoner of unsound mind is reported capable of making his defence.

377. Procedure where person of unsound mind detained is declared fit to be released.

378. Delivery of person of unsound mind to care of relative or friend.

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

379. Procedure in cases mentioned in section 215.

380. Appeal.

381. Power to order costs.

382. Procedure of Magistrate taking cognizance.

383. Summary procedure for trial for giving false evidence.

384. Procedure in certain cases of contempt.

385. Procedure where Court considers that case should not be dealt with under section 384.

386. When Registrar or Sub-Registrar to be deemed a Civil Court.

387. Discharge of offender on submission of apology.

388. Imprisonment or committal of person refusing to answer or produce document.

389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.

390. Appeals from convictions under sections 383, 384, 388 and 389.

391. Certain Judges and Magistrates not to try certain offences when committed before themselves.

CHAPTER XXIX - THE JUDGMENT

392. Judgment.

393. Language and contents of judgment.

394. Order for notifying address of previously convicted offender.

395. Order to pay compensation.

396. Victim compensation scheme.

397. Treatment of victims.

398. Witness protection scheme.

399. Compensation to persons groundlessly arrested.

400. Order to pay costs in non-cognizable cases.

401. Order to release on probation of good conduct or after admonition.

402. Special reasons to be recorded in certain cases.

403. Court not to alter judgment.

404. Copy of judgment to be given to accused and other persons.

405. Judgment when to be translated.

406. Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXX - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

407. Sentence of death to be submitted by Court of Session for confirmation.

408. Power to direct further inquiry to be made or additional evidence to be taken.

409. Power of High Court to confirm sentence or annul conviction.

410. Confirmation or new sentence to be signed by two Judges.

411. Procedure in case of difference of opinion.

412. Procedure in cases submitted to High Court for confirmation.

CHAPTER XXXI

APPEALS

413. No appeal to lie unless otherwise provided.

414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.

415. Appeals from convictions.

416. No appeal in certain cases when accused pleads guilty.

417. No appeal in petty cases.

418. Appeal by State Government against sentence.

419. Appeal in case of acquittal.

420. Appeal against conviction by High Court in certain cases.

421. Special right of appeal in certain cases.

422. Appeal to Court of Session how heard.

423. Petition of appeal.

424. Procedure when appellant in jail.

425. Summary dismissal of appeal.

426. Procedure for hearing appeals not dismissed summarily.

427. Powers of Appellate Court.

428. Judgments of subordinate Appellate Court.

429. Order of High Court on appeal to be certified to lower Court.

430. Suspension of sentence pending appeal; release of appellant on bail.

431. Arrest of accused in appeal from acquittal.

432. Appellate Court may take further evidence or direct it to be taken.

433. Procedure where Judges of Court of appeal are equally divided.

434. Finality of judgments and orders on appeal.

435. Abatement of appeals.

CHAPTER XXXII

REFERENCE AND REVISION

436. Reference to High Court.

437. Disposal of case according to decision of High Court.

438. Calling for records to exercise powers of revision.

439. Power to order inquiry.
440. Sessions Judge's powers of revision.
441. Power of Additional Sessions Judge.
442. High Court's powers of revision.
443. Power of High Court to withdraw or transfer revision cases.
444. Option of Court to hear parties.
445. High Court's order to be certified to lower Court.

CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES

446. Power of Supreme Court to transfer cases and appeals.
447. Power of High Court to transfer cases and appeals.
448. Power of Sessions Judge to transfer cases and appeals.
449. Withdrawal of cases and appeals by Sessions Judges.
450. Withdrawal of cases by Judicial Magistrates.
451. Making over or withdrawal of cases by Executive Magistrates.
452. Reasons to be recorded.

CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death sentences
453. Execution of order passed under section 409.
454. Execution of sentence of death passed by High Court.
455. Postponement of execution of sentence of death in case of appeal to Supreme Court.
456. Commutation of sentence of death on pregnant woman.

B.—Imprisonment
457. Power to appoint place of imprisonment.
458. Execution of sentence of imprisonment.
459. Direction of warrant for execution.
460. Warrant with whom to be lodged.

C.—Levy of fine
461. Warrant for levy of fine.
462. Effect of such warrant.
463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.
464. Suspension of execution of sentence of imprisonment.

D.—General provisions regarding execution
465. Who may issue warrant.
466. Sentence on escaped convict when to take effect.
467. Sentence on offender already sentenced for another offence.
468. Period of detention undergone by accused to be set off against sentence of imprisonment.
469. Saving.
470. Return of warrant on execution of sentence.
471. Money ordered to be paid recoverable as a fine.

E.—Suspension, remission and commutation of sentences
472. Mercy petition in death sentence cases.
473. Power to suspend or remit sentences.
474. Power to commute sentence.
475. Restriction on powers of remission or commutation in certain cases.
476. Concurrent power of Central Government in case of death sentences.
477. State Government to act after concurrence with Central Government in certain cases.

CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS

478. In what cases bail to be taken.
479. Maximum period for which undertrial prisoner can be detained.
480. When bail may be taken in case of non-bailable offence.
481. Bail to require accused to appear before next Appellate Court.
482. Direction for grant of bail to person apprehending arrest.
483. Special powers of High Court or Court of Session regarding bail.
484. Amount of bond and reduction thereof.
485. Bond of accused and sureties.
486. Declaration by sureties.
487. Discharge from custody.
488. Power to order sufficient bail when that first taken is insufficient.
489. Discharge of sureties.
490. Deposit instead of recognizance.
491. Procedure when bond has been forfeited.
492. Cancellation of bond and bail bond.
493. Procedure in case of insolvency or death of surety or when a bond is forfeited.
494. Bond required from child.
495. Appeal from orders under section 491.
496. Power to direct levy of amount due on certain recognizances.

CHAPTER XXXVI
DISPOSAL OF PROPERTY

497. Order for custody and disposal of property pending trial in certain cases.
498. Order for disposal of property at conclusion of trial.
499. Payment to innocent purchaser of money found on accused.
500. Appeal against orders under section 498 or section 499.
501. Destruction of libellous and other matter.

502. Power to restore possession of immovable property.
503. Procedure by police upon seizure of property.
504. Procedure where no claimant appears within six months.
505. Power to sell perishable property.

CHAPTER XXXVII
IRREGULAR PROCEEDINGS

506. Irregularities which do not vitiate proceedings.
507. Irregularities which vitiate proceedings.
508. Proceedings in wrong place.
509. Non-compliance with provisions of section 183 or section 316.
510. Effect of omission to frame, or absence of, or error in, charge.
511. Finding or sentence when reversible by reason of error, omission or irregularity.
512. Defect or error not to make attachment unlawful.

CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

513. Definitions.
514. Bar to taking cognizance after lapse of period of limitation.
515. Commencement of period of limitation.
516. Exclusion of time in certain cases.
517. Exclusion of date on which Court is closed.
518. Continuing offence.
519. Extension of period of limitation in certain cases.

CHAPTER XXXIX
MISCELLANEOUS

520. Trials before High Courts.
521. Delivery to commanding officers of persons liable to be tried by Court-martial.
522. Forms.
523. Power of High Court to make rules.
524. Power to alter functions allocated to Executive Magistrate in certain cases.
525. Cases in which Judge or Magistrate is personally interested.
526. Practising advocate not to sit as Magistrate in certain Courts.
527. Public servant concerned in sale not to purchase or bid for property.
528. Saving of inherent powers of High Court.
529. Duty of High Court to exercise continuous superintendence over Courts.
530. Trial and proceedings to be held in electronic mode.
531. Repeal and savings.

THE FIRST SCHEDULE
THE SECOND SCHEDULE

Download Bare Act of the BNSS pdf

Why Was BNSS 2023 Needed?

The need for a new criminal procedure code has been felt for many years. Here are the major reasons why the government decided to bring BNSS 2023:

Colonial Legacy – CrPC was largely based on laws made by the British to control Indian citizens. It was not designed for a democratic, independent India.
Delay in Justice – Court cases in India take years or even decades to finish. The old procedure was very lengthy and caused delays.
Rise in Technology – Today, technology like video conferencing, digital evidence, and electronic communication has become essential. The old law did not cover these properly.
Victim’s Rights – Earlier, laws were mostly focused on the accused and police procedure. Victim rights and speedy justice were often ignored.
Need for Simplification – Many provisions in CrPC were outdated, complicated, and difficult for common people to understand.

So, BNSS 2023 was introduced to modernize and improve the criminal justice process.

Why Was This Change Needed?

India's old criminal laws were made during British rule, more than 150 years ago. These laws were designed to control people rather than serve justice. They were slow, complex, and often unfair to common people. Many cases would drag on for years, causing great hardship to victims and their families.

The government realized that independent India needed laws that reflect Indian values and modern thinking. The new BNSS aims to solve these problems by making the system more people-friendly and technology-enabled.

Key Features of BNSS 2023

Let us look at the important features of Bharatiya Nagrik Suraksha Sanhita, 2023 in detail:

1. Digital Transformation in Criminal Justice

FIRs, chargesheets, judgments, and case records can now be kept digitally.
Video-conferencing for trials, hearings, and recording of witness statements has been legalized.
This will reduce paperwork, corruption, and unnecessary delays.

2. Mandatory Timelines for Speedy Justice

Police must file a chargesheet within 90 days, extendable up to 180 days for serious crimes.
Magistrates and judges are required to complete trials within fixed time periods.
Regular monitoring of pending cases will be done.

3. FIR (First Information Report) Simplified

FIR can be filed online or in person.
Victims or complainants can register FIRs easily without unnecessary police interference.
Zero FIR system (FIR can be filed in any police station, irrespective of jurisdiction) continues.

4. Victim-Centric Provisions

Victims have the right to receive updates about their cases digitally.
Victim’s statements can be recorded via video conferencing.
Greater protection for women, children, and vulnerable sections during investigation and trial.

5. Use of Forensic Science

Forensic experts must be involved in crimes punishable with 7 years or more.
DNA, fingerprints, and digital evidence will be crucial in trials.
This will increase accuracy and reduce false cases.

6. Witness Protection

Witnesses can give testimony via video link if they fear for their safety.
Identity protection measures will be available.
This is expected to reduce the problem of witnesses turning hostile.

7. Bail Provisions Simplified

Clear timelines for granting or rejecting bail.
Women, sick persons, and elderly above 60 years will get special consideration for bail.

8. Appeals and Revisions Made Faster

Time limits fixed for filing appeals.
High Courts and Supreme Court must dispose of criminal appeals within fixed timelines.

9. Stronger Accountability for Police

Police officers must record reasons for arrest.
Arbitrary arrests will be reduced.
Victims and families must be informed about arrests immediately.

10. Focus on Technology in Investigation

Use of body cameras, CCTV footage, and drones in evidence collection encouraged.
Electronic communication like SMS, WhatsApp, and email can be used for summons and notices.

Key Changes in the New Law

1. Mandatory FIR Registration

One of the biggest changes is about First Information Reports (FIRs). The new law mandates the registration of an FIR if the complaint relates to a cognisable offence. This means that if someone complains about a serious crime, the police must register an FIR immediately. They cannot refuse or delay it like before.

In the past, many people faced problems when police refused to register their complaints. This new rule protects citizens and ensures that their complaints are taken seriously right away.

2. Limited Arrests for Minor Cases

The new law makes arrests an exception when the punishment is less than seven years of imprisonment. This is a big change from the old system. Now, if someone commits a minor crime that carries less than seven years of punishment, the police cannot automatically arrest them.

This change helps prevent innocent people from spending time in jail for small mistakes. It also reduces overcrowding in prisons and allows people to continue with their lives while their cases are being decided.

3. Better Bail Rights

The new law ensures bail for bailable offence is an absolute and in-defeasible right. This means that for certain types of crimes, getting bail is a person's right, not something that depends on the court's mood or favor.

As per the provisions of CrPC, if an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond. This does not apply to offences punishable by death. This rule continues in the new law, ensuring people don't spend too long in jail before their trial is complete.

4. Use of Modern Technology

The new law encourages the use of technology in legal proceedings. This includes video conferencing for court hearings, electronic filing of documents, and digital evidence collection. During the COVID-19 pandemic, we saw how technology helped courts function when physical meetings were difficult.

Now, witnesses can give testimony through video calls, and some court proceedings can happen online. This saves time and money for everyone involved and makes justice more accessible to people in remote areas.

5. Simplified Court Structure

The post of Judicial Magistrate of third-class and Assistant Sessions Judge was omitted to bring uniformity. The new law removes some old court positions and makes the court system simpler and more uniform across the country.

Provisions contained under the CrPC, dealing with 'Metropolitan areas' and 'Metropolitan Magistrates' have been omitted from the BNSS. This means there will be less confusion about which court handles which type of case.

Major Improvements for Common People

Faster Justice Delivery

The new law focuses on speed. Many old procedures that caused delays have been removed or simplified. Time limits have been set for different stages of criminal cases. This means people won't have to wait for years to get justice.

Protection of Victim Rights

The new law gives more importance to victims of crimes. It ensures that victims are kept informed about their cases and have a say in important decisions. Victims can also get compensation more easily than before.

Better Investigation Process

Police investigation procedures have been improved. There are clearer rules about how evidence should be collected and preserved. This helps ensure that the right person is punished and innocent people are protected.

Use of Forensic Science

The new law encourages the use of scientific methods to solve crimes. This includes DNA testing, fingerprint analysis, and other modern techniques. This makes investigations more accurate and reliable.

Changes in Property and Evidence Rules

The new law has updated rules about how police can seize and handle property related to crimes. There are better protections to prevent misuse of these powers by authorities. The law also has clearer rules about what can be used as evidence in court.

Digital evidence, like messages, photos, and videos from phones and computers, is now properly recognized. This is important because many crimes today involve digital technology.

Impact on Police and Courts

Police Powers and Responsibilities

Police officers now have clearer guidelines about their powers and duties. They have more tools to investigate crimes effectively, but they also have stricter rules to prevent misuse of power. The new law requires police to be more accountable for their actions.

Court Procedures

Court procedures have been simplified and modernized. Judges have better tools to manage cases and ensure speedy trials. The law also provides for alternative ways to resolve some types of disputes without going through lengthy court processes.

Challenges and Concerns

While the new law brings many improvements, there are also some challenges:

Training and Implementation

Police officers, lawyers, and court staff need training to understand and implement the new law properly. This will take time and resources. Until everyone is properly trained, there might be some confusion and mistakes.

Technology Infrastructure

The new law relies heavily on technology, but not all parts of India have good internet connections or modern equipment. Rural areas might face difficulties in implementing technology-based solutions.

Resistance to Change

Some people in the legal system are used to old ways of working and might resist changes. It will take time to change mindsets and work cultures.

Benefits for Society

Reduced Corruption

The new law has built-in safeguards to reduce corruption in the criminal justice system. Clear procedures and technology-based solutions make it harder for corrupt officials to exploit the system.

Better Access to Justice

With technology and simplified procedures, more people can access justice, especially those in remote areas. Video conferencing means people don't always have to travel long distances to attend court hearings.

Faster Resolution of Cases

The focus on speed means that cases will be resolved more quickly. This reduces the burden on victims and their families and helps society function better.

What This Means for Common Citizens

For ordinary people, the new law brings several benefits:

Quick Police Response: Police must register your complaint immediately for serious crimes.
Less Chance of Wrongful Arrest: You're less likely to be arrested for minor offenses.
Faster Court Cases: Your case will be decided more quickly than before.
Better Victim Support: If you're a victim of crime, you'll get better support and information.
Technology Benefits: You might be able to attend some court proceedings online, saving time and money.

The Road Ahead

The BNSS aims to provide for a faster and more efficient justice system to address the issues of delay. The success of this new law will depend on how well it is implemented across the country.

The government is working on training programs for police and court staff. They are also investing in technology infrastructure to support the new system. Legal education in law schools is being updated to include the new laws.

It will take several years for the new system to be fully functional everywhere. During this transition period, there might be some problems and confusion. However, the long-term benefits are expected to be significant.

Benefits of BNSS 2023

The new law will bring several positive changes:

Faster justice – Strict timelines will reduce delays in trials and investigations.
Transparency – Digital records will make manipulation difficult.
Victim empowerment – Victims will get more rights and better access to justice.
Use of technology – Modern tools like video conferencing and forensic science will improve accuracy.
Citizen-friendly – Filing FIRs online will make the process easier for common people.
Reduced corruption – Less paperwork means fewer opportunities for bribes and manipulation.

Challenges in Implementation

Although BNSS 2023 is a progressive law, its success will depend on implementation. Some challenges are:

Digital divide – Rural areas may not have proper internet facilities for online FIR or video trials.
Training of police and judges – Officials need to be trained in handling technology.
Infrastructure – Courts need video conferencing facilities, forensic labs, and digital record systems.
Mindset change – Lawyers, police, and judges must adapt to new methods.

Impact on Common Citizens

BNSS 2023 is expected to make life easier for ordinary people in many ways:

If you are a victim of crime, you can register FIR online without going to the police station.
If you are a witness, you can testify from your home through video link.
If you are an accused, your bail application will be processed faster with clear rules.
If you are waiting for a case verdict, timelines will ensure faster disposal.

Criticism of BNSS 2023

Like any major law, BNSS has also faced some criticism:

Some experts believe police powers are still very wide and can be misused.
Digital systems may be misused if not properly monitored.
Timelines may put pressure on judges and result in hurried decisions.
Infrastructure cost for implementation will be very high.

Conclusion

The Bharatiya Nagrik Suraksha Sanhita, 2023, represents a major step forward for India's criminal justice system. It replaces old, colonial-era laws with modern, citizen-friendly procedures. The focus on speed, technology, and victim rights shows that India is serious about providing better justice to its people.

While there are challenges in implementing such a big change, the potential benefits are enormous. Faster justice, reduced corruption, and better access to legal remedies can transform how people experience the legal system in India.

This new law is not just about changing procedures; it's about changing the culture of justice in India. From a system designed to control people, we are moving to a system designed to serve and protect people. This change reflects India's growth as a modern, democratic nation that puts its citizens first.

The success of BNSS will ultimately depend on how well it serves the common people of India. If implemented properly, it can make justice faster, fairer, and more accessible for everyone. This is a historic moment in India's legal evolution, and its impact will be felt for generations to come.

For every Indian citizen, understanding these changes is important because they affect how justice works in our country. The new law aims to make the system work better for you and protect your rights more effectively. As we move forward with this new system, we can hope for a more just and efficient legal framework that truly serves the people of India.