Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Among these, Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 is one of the most important. It replaces the Code of Criminal Procedure (CrPC), 1973, whi

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: India's Bold Step Towards a Modern Criminal Justice System

Introduction: Why India Needed a New Criminal Procedure Law

For over five decades, the Code of Criminal Procedure, 1973 (CrPC) served as the backbone of India's criminal justice system. It governed everything from how the police register a complaint to how a trial concludes in court. But let's be honest — a law written in 1973 was simply not equipped to handle the complexities of 21st-century India. Cybercrimes, organized crime, digital evidence, and the massive backlog of pending cases were realities that the old CrPC struggled to address.

Enter the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — a landmark legislation that came into force on July 1, 2024, replacing the CrPC entirely. The name itself tells a powerful story. While "CrPC" was a dry, colonial-era acronym, "Bharatiya Nagarik Suraksha Sanhita" literally translates to "Indian Citizen Protection Code." This shift in nomenclature signals a fundamental change in philosophy — from a procedure-focused colonial law to a citizen-centric, protection-oriented framework that puts the rights and safety of ordinary Indians at its core.

The BNSS doesn't just tinker around the edges. It introduces sweeping reforms across investigation, arrest, bail, trial procedures, and the use of technology in justice delivery. It aims to make the system faster, more transparent, more tech-savvy, and more responsive to the needs of victims while maintaining a delicate balance with the rights of the accused. In this article, we'll walk you through every major change, every new power, and every safeguard introduced by this transformative law — in simple, human language that anyone can understand.

Bharatiya Nagrik Suraksha Sanhita, 2023: BNSS

Clause	Provision
CHAPTER I – PRELIMINARY
1	Short title, extent and commencement.
2	Definitions.
3	Construction of references.
4	Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
5	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.
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.
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.
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.
SCHEDULES
First	The First Schedule.
Second	The Second Schedule.

Download Bare Act of the BNSS pdf

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The Big Picture: What BNSS Aims to Achieve

Before diving into the specifics, let's understand the broad vision behind the BNSS. The law was born out of a genuine recognition that India's criminal justice system was creaking under the weight of outdated procedures. Courts were drowning in backlogs. Investigations dragged on for years. Victims often felt like mere spectators in their own cases. And the police, despite good intentions, were hamstrung by procedural bottlenecks that made effective crime-fighting difficult.

The BNSS addresses these challenges through five core objectives:

• Speedy Justice: The law introduces strict timelines for investigations, charge framing, and judgment delivery. No more cases languishing in courts for decades.
• Technology Integration: From electronic FIRs to video-recorded trials, the BNSS embraces the digital age wholeheartedly.
• Victim-Centric Approach: Victims now have a stronger voice, with mandatory updates on investigation progress and better protection mechanisms.
• Forensic Rigor: Serious crimes now require mandatory forensic investigation, raising the quality of evidence and reducing wrongful convictions.
• Balanced Police Powers: While giving police more tools to fight crime, the law also introduces safeguards to prevent misuse of power.

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FIR Registration Reimagined: Zero FIR and Electronic Filing

One of the most common frustrations for ordinary citizens has been the difficulty in getting an FIR registered. Under the old CrPC, if you went to a police station outside the jurisdiction where the crime occurred, you could be turned away with the classic excuse — "This isn't our area, go to the other station." The BNSS puts an end to this bureaucratic runaround with the revolutionary concept of "Zero FIR."

Here's how it works: If you walk into any police station in India with a complaint about a cognizable offence — that is, a serious crime where police can arrest without a warrant — the officer must register your FIR immediately, regardless of whether that police station has jurisdiction over the area where the crime happened. Once registered, this Zero FIR must be transferred to the appropriate police station that actually has jurisdiction. This is a game-changer for victims, especially in cases like banking fraud, cybercrime, or crimes that span multiple cities.

But the BNSS doesn't stop there. It also introduces electronic FIR registration. You can now file an FIR online, and the law mandates that a digital copy be provided to the complainant immediately. This eliminates the old problem of police refusing to even acknowledge that a complaint was made. For banking fraud cases and other complex crimes, this electronic trail ensures transparency and accountability from the very first step.

The law also introduces the concept of a "preliminary inquiry" in certain cases. This means that for some offences, the police can conduct a brief preliminary investigation before formally registering an FIR, which helps prevent frivolous complaints from clogging the system. However, this power is carefully circumscribed to ensure it isn't used as a tool to deny justice to genuine victims.

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Arrest Procedures: New Rules, New Safeguards

The moment of arrest is one of the most critical interactions between the state and the citizen. The BNSS introduces several important changes to how arrests are conducted, aiming to make the process more humane yet effective.

Mandatory Recording of Reasons: For offences punishable with imprisonment of seven years or more, the police must now record reasons for arrest in writing before making the arrest. This is a significant safeguard against arbitrary arrests. The officer must justify why arrest is necessary, and this record becomes subject to judicial scrutiny.

Handcuffing: A Controversial New Power: Perhaps one of the most debated provisions of the BNSS is Section 43(3), which for the first time gives police the statutory power to use handcuffs. Under the old CrPC, there was no specific provision about handcuffs, and the Supreme Court had consistently held that handcuffing should be an exception, not the rule, requiring judicial permission in most cases.

The BNSS changes this. Now, a police officer may use handcuffs while arresting a person who is:

• A habitual or repeat offender
• Someone who has escaped from custody
• Accused of organized crime, terrorist acts, drug-related crimes, or illegal possession of arms
• Accused of murder, rape, acid attack, human trafficking, or sexual offences against children
• Accused of offences against the state, including acts endangering India's sovereignty, unity, and integrity
• Accused of economic offences

This provision has sparked considerable debate. Critics argue that it could lead to routine handcuffing and violates the dignity of the accused, contrary to Supreme Court precedents. Supporters argue that it gives police necessary tools to handle dangerous criminals. The word "may" in the provision suggests it's discretionary, not mandatory, but the very inclusion of economic offences in this list has raised eyebrows, as white-collar criminals are typically not a flight risk.

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Police Custody: The 15-Day Rule and Its Implications

The BNSS makes a significant change to how police custody works. Under the old CrPC, if a person was arrested, they had to be produced before a magistrate within 24 hours. The magistrate could then authorize police custody for up to 15 days, followed by judicial custody for up to 60 or 90 days depending on the offence. The general rule was that police custody should be taken in the first 15 days of remand.

The BNSS modifies this. Now, the 15 days of police custody can be authorized in whole or in parts at any time during the initial 40 or 60 days out of the total 60 or 90 days of judicial custody. This means police can request to take an accused back into police custody even after they've been in judicial custody for several weeks.

This has raised serious concerns among legal experts. The worry is that this fragmented custody provision could be used to deny bail to accused persons for extended periods. If the police haven't exhausted their 15 days of custody, they can argue that the accused needs to be taken back for further interrogation, potentially keeping them in detention longer. The Standing Committee on Home Affairs had recommended that the interpretation of this clause be clarified, but the provision remains as enacted.

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Forensic Investigation: Science Takes Center Stage

One of the most progressive aspects of the BNSS is its emphasis on forensic science. For the first time in Indian criminal law, forensic investigation is mandatory for all offences punishable with imprisonment of seven years or more. This is a massive leap forward.

Here's what this means in practice: When a serious crime occurs, a team of forensic experts must visit the crime scene to collect evidence. They must record the entire process using mobile phones or other electronic devices. This video documentation becomes part of the official record, making it much harder for evidence to be tampered with or planted.

If a state doesn't have its own forensic facility, it must utilize facilities in other states. This ensures that even smaller states with limited resources can benefit from scientific investigation. The law also sets a strict timeline: medical practitioners examining rape victims must submit their reports to the investigating officer within seven days. This prevents the inordinate delays that often plague sensitive cases.

The mandatory forensic provision is expected to dramatically improve the quality of investigations and reduce the high rate of acquittals due to poor evidence collection. It also aligns India with international best practices where forensic science is integral to modern policing.

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Technology in the Courtroom: The Digital Revolution

The BNSS is arguably India's most technology-friendly criminal law. It recognizes that in the 21st century, justice cannot be delivered through paper files and physical appearances alone.

Electronic Trials and Proceedings: Section 530 of the BNSS is a landmark provision. It states that all trials, inquiries, and proceedings may be held in electronic mode — via video conferencing, electronic communication, or any audio-video electronic means. This isn't just about convenience during pandemics; it's a permanent feature of the new law. Courts can now conduct hearings, record evidence, and even deliver judgments electronically.

Audio-Video Recording of Procedures: The law mandates audio-video recording of several critical procedures. For instance, Section 105 requires recording of search and seizure operations through audio-video means. Section 185(2) specifically says such recording should preferably be made using a mobile phone. This creates an unalterable digital record that protects both the police and the citizens involved.

Electronic Summons and Document Sharing: Summons can now be issued electronically to parties. Under Section 230, copies of documents can be supplied to the accused and victim via electronic means, and this is recognized as proper compliance. No more waiting for physical copies to be delivered by process servers.

Digital Evidence Recognition: The law explicitly allows for the production of electronic communication devices that are likely to contain digital evidence. In an age where most crimes leave a digital footprint, this provision is crucial for investigating cybercrimes, financial frauds, and organized criminal networks.

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Trial in Absentia: Justice Without the Accused Present

For the first time in India's general criminal procedure law, the BNSS introduces trial in absentia — the ability to conduct a trial and pronounce judgment even when the accused is not present. This is governed by Section 356 of the BNSS and applies specifically to proclaimed offenders.

Here's how it works: If a person has been declared a proclaimed offender under Section 84 of the BNSS, has absconded to evade trial, and there is no immediate prospect of arresting them, the court can proceed with the trial as if the accused has waived their right to be present. However, the law builds in several safeguards to prevent abuse:

• The accused must first be declared a proclaimed offender, which itself requires a rigorous process
• Two consecutive warrants must have been issued within a 30-day interval
• The court cannot commence the trial until 90 days have lapsed from the date of framing charges
• A notice must be published in a national or local newspaper circulating in the accused's last known address
• Relatives or friends of the accused must be informed
• Information about the trial must be displayed conspicuously at the accused's house and at the local police station
• If the accused is not represented, the court must provide a state-funded lawyer for their defense

If the proclaimed offender is later arrested or appears during the trial, they can examine any evidence that was taken in their absence. However, if they disappear during an ongoing trial, their voluntary absence won't derail the proceedings.

This provision aims to prevent the common problem of trials getting stalled indefinitely because the accused has fled. It protects victims' rights to timely justice while ensuring that the accused's rights are not completely sacrificed.

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Attachment and Forfeiture of Property: Following the Money

One of the most powerful new tools in the BNSS is Section 107, which deals with the attachment, forfeiture, and restoration of property derived from criminal activity — what the law calls "proceeds of crime." This is a significant expansion from the old CrPC, which had very limited provisions for property attachment.

The process works as follows:

• The investigating officer identifies property that is believed to be derived directly or indirectly from criminal activity
• The officer must obtain approval from the Superintendent of Police before proceeding
• An application is made to the court having jurisdiction
• The court issues a show-cause notice to the property holder, giving them 14 days to explain why the property shouldn't be attached
• If the person fails to respond or appear, the court can pass an ex parte order
• In urgent cases where notice might defeat the purpose, the court can pass an interim attachment order without prior notice
• If the court finds the property to be proceeds of crime, it directs the District Magistrate to distribute the proceeds to affected victims within 60 days
• If there are no claimants, the proceeds are forfeited to the government

This provision is particularly significant for financial crimes, fraud cases, and organized crime where criminals often amass substantial wealth. It allows the state to strip criminals of their ill-gotten gains and compensate victims. However, critics have noted that the safeguards are not as robust as those in the Prevention of Money Laundering Act (PMLA), and there are concerns about potential conflicts with Article 300A of the Constitution, which protects property rights.

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Bail and Detention: The Undertrial Prisoner Dilemma

The BNSS makes several important changes to bail provisions, some of which have been welcomed and others criticized.

Changes to Default Bail: Under the old CrPC, if an undertrial prisoner had spent half the maximum period of imprisonment prescribed for the offence in detention, they were entitled to be released on personal bond. This was a crucial safeguard against indefinite detention. The BNSS retains this provision but adds two significant exclusions:

• It does not apply to offences punishable by life imprisonment
• It does not apply to persons against whom proceedings are pending in more than one offence

The second exclusion is particularly concerning. In India, it's common for multiple charges to be filed in a single case. This provision could mean that many undertrial prisoners who would have been entitled to release under the old law may now remain in detention indefinitely.

Multiple Charges and Bail: The BNSS also makes it harder for accused persons facing multiple charges to get bail. Under the old CrPC, a person detained for half the maximum imprisonment could get bail regardless of how many sections they were charged under. The BNSS removes this protection for anyone facing multiple charges, which could disproportionately affect those caught in complex criminal cases.

Police Custody and Bail Denial: As discussed earlier, the ability to take police custody in fragments during the initial 40 or 60 days could be used to keep accused persons in detention longer, as bail applications might be opposed on the grounds that police custody hasn't been fully utilized.

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Sentencing Powers and Community Service

The BNSS brings welcome changes to the sentencing powers of magistrates and introduces community service as a form of punishment for the first time in India's general criminal law.

Enhanced Magistrate Powers:

• A Judicial Magistrate of First Class (JMFC) can now impose imprisonment up to 3 years, a fine up to Rs. 50,000 (increased from Rs. 10,000), or community service
• A Judicial Magistrate of Second Class (JMSC) can impose imprisonment up to 1 year, a fine up to Rs. 10,000 (increased from Rs. 5,000), or community service

Community Service Explained: The explanation to Section 23 of the BNSS defines community service as work ordered by the court as punishment that benefits the community, with no remuneration paid to the convict. This is a revolutionary concept for India, moving away from purely punitive justice toward restorative justice.

Community service can be ordered for minor offences such as:

• Petty theft where the value is under Rs. 5,000 (for first-time offenders who return the property)
• Public nuisance by a drunken person
• Defamation
• Attempt to commit suicide to compel lawful authority
• Public servant unlawfully engaging in trade

The nature of community service — whether it's cleaning public spaces, working with NGOs, or assisting in community development — is decided by the magistrate based on the offender's abilities and the offence's nature. This approach aims to reduce prison overcrowding, promote rehabilitation, and make offenders contribute positively to society rather than simply languishing in jail.

Consecutive Sentences Cap: Another important change is that for consecutive sentences, no convict can be sentenced to imprisonment for more than 20 years in aggregate (increased from the previous cap of 14 years). Courts must also now explicitly mention whether punishments for multiple offences are to run concurrently or consecutively, considering the gravity of each offence.

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Witness Protection and Attendance

The BNSS updates provisions regarding witness attendance during investigations. Under Section 179, the investigating officer can call any person acquainted with the facts of the case. The old CrPC exempted men below 15 years or above 65 years from appearing at any place other than their residence. The BNSS reduces the upper age limit to 60 years and extends this exemption to persons with acute illness.

Importantly, a new proviso allows these exempted persons to voluntarily appear at the police station if they choose to do so, based on their own comfort and convenience. This respects the autonomy of vulnerable witnesses while ensuring their testimony isn't lost.

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Collection of Evidence: Fingerprints, Voice Samples, and More

The BNSS expands the powers of magistrates to collect identification data. Under the old CrPC, magistrates could order specimen signatures or handwriting samples. The BNSS now adds finger impressions and voice samples to this list. Significantly, these samples can be collected even from persons who have not been arrested — a provision that has raised privacy concerns but is defended as necessary for modern investigations.

This provision overlaps with the Criminal Procedure (Identification) Act, 2022, which allows for even broader data collection including biological samples. The duplication between these laws has been noted as a potential area of confusion.

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Timelines: The Clock is Ticking

One of the most impactful features of the BNSS is the introduction of strict timelines for various procedures. These are designed to break the culture of delay that has plagued Indian courts:

• Judgment delivery: Within 30 days of completion of arguments, extendable to 60 days with reasons recorded
• Victim updates: The victim must be informed of investigation progress within 90 days
• Charge framing by Sessions Court: Within 60 days from the first hearing on charges
• Medical reports in rape cases: Within 7 days of examination
• Distribution of proceeds of crime: Within 60 days of court order

These timelines, if enforced, could dramatically speed up the justice delivery system and reduce the current backlog of millions of pending cases.

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What Was Removed: Simplifying the Structure

The BNSS also removes some provisions that had become redundant:

• Metropolitan areas and Metropolitan Magistrates: These provisions have been omitted, bringing uniformity across urban and rural areas
• Judicial Magistrate of Third Class and Assistant Sessions Judge: These posts have been removed to streamline the court hierarchy
• Section 144-A of CrPC: The power to prohibit carrying of arms in processions has been deleted

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The Road Ahead: Challenges and Opportunities

The Bharatiya Nagarik Suraksha Sanhita, 2023, represents a paradigm shift in India's criminal justice system. It brings the law into the digital age, emphasizes forensic science, protects victims' rights, and aims to deliver speedy justice. The introduction of community service, mandatory forensic investigations, and electronic proceedings are genuinely progressive steps.

However, the law is not without its controversies. The expanded police custody provisions, the restrictions on default bail for multiple charges, the statutory power to use handcuffs, and the potentially weaker safeguards for property attachment compared to the PMLA are areas that will likely be tested in courts. The overlap with existing laws like the Criminal Procedure (Identification) Act, 2022, and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, also creates potential confusion.

The success of the BNSS will ultimately depend on implementation. Do our police stations have the infrastructure for electronic FIRs? Are our forensic labs equipped to handle the mandatory investigations? Will courts have the resources to meet the strict timelines? These are practical questions that will determine whether the BNSS lives up to its promise.

What is clear, however, is that India has taken a bold step toward modernizing its criminal justice system. The Bharatiya Nagarik Suraksha Sanhita, 2023, is not just a new law — it's a new philosophy of justice, one that seeks to balance the rights of the accused with the rights of victims, the needs of law enforcement with the protections of civil liberties, and the traditions of the courtroom with the possibilities of technology.

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Source Links

1. PRS Legislative Research — Bharatiya Nagarik Suraksha Sanhita, 2023
2. PRS Legislative Research — Bharatiya Nagarik Suraksha (Second) Sanhita, 2023
3. PRS Legislative Research — Key Issues and Analysis
4. LexisNexis — Bharatiya Nagarik Suraksha Sanhita: Paradigm Shift
5. PwC India — Revamping India's Criminal Justice System: BNS, BNSS and BSB
6. Unified Chambers — BNSS 2023 Bare Act and FAQs
7. Khurana & Khurana — Substantial Changes Between CrPC and BNSS
8. LiveLaw — New Criminal Laws | Bharatiya Nagarik Suraksha Sanhita 2023 (Video)
9. AZB Partners — Trial In Absentia: Implications Under New Law
10. LiveLaw — Re-Imagining Kafka's Courtroom: Unpacking Trial In Absentia Under New Criminal Procedure
11. Project 39A — Proclaimed Offenders and Trials in Absentia
12. AY Associates — Expedited Forfeiture and Attachment of Proceeds of Crime u/s 107 of BNSS
13. AZB Partners — Attachment of Property Linked to Proceeds of Crime
14. BPRD — Section 107 BNSS 2023 Guidelines (Government PDF)
15. Chandigarh Police — Guidelines under Section 107 BNSS 2023
16. Indian Kanoon — Section 107 in Bharatiya Nagarik Suraksha Sanhita, 2023
17. The Law Way With Lawyers — Community Service as Punishment Under BNS, 2023
18. IJLRA — Roadblocks to Community Service as Punishment
19. Government of India — Overview of Major Reforms in All Criminal Laws (PDF)
20. Scribd — Overview of BNSS 2023 Objectives