BHARTIYA NAGRIK SURAKSHA SANHITA
Bhartiya Nagarik Suraksha Sanhita, 2023: A Concise Analysis
The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a pivotal piece of legislation introduced
by the Union Government to replace the Criminal Procedure Code, 1973 (CrPC). Passed by the
Lok Sabha on December 20, 2023, and by the Rajya Sabha on December 21, 2023, it received
Presidential assent on December 25, 2023. BNSS retains many provisions from the CrPC but
introduces several significant modifications aimed at modernizing India’s criminal justice system.
Key Changes in BNSS
1. Detention of Undertrials: Under the CrPC, an accused who has spent half of the
maximum sentence period in detention must be released on a personal bond, except for
death penalty cases. BNSS expands this provision to exclude cases involving life
imprisonment and those with multiple pending charges.
2. Medical Examination: BNSS allows any police officer to request a medical examination
of the accused in certain cases, including rape. This is a shift from the CrPC, which
restricted such requests to registered medical practitioners upon the request of at least a
sub-inspector.
3. Forensic Investigation: For crimes punishable with a minimum of seven years of
imprisonment, BNSS mandates forensic investigations. Forensic experts are required to
visit crime scenes, collect evidence, and record the process electronically. States lacking
forensic facilities must use those in other states.
4. Signatures and Finger Impressions: BNSS expands the CrPC’s provision allowing
magistrates to order specimen signatures or handwriting to include finger impressions
and voice samples. It also allows these samples to be taken from individuals not yet
arrested.
5. Timelines for Procedures: BNSS introduces specific timelines for various legal
processes. For example, medical reports for rape cases must be submitted within seven
days. Judgements are to be delivered within 30 days of argument completion
(extendable to 45 days), while victims must be informed about the investigation's
progress within 90 days, and charges framed within 60 days from the initial hearing.
6. Hierarchy of Courts: BNSS removes the classification of metropolitan areas and
Metropolitan Magistrates, which were previously determined by state governments
based on city population.
7. Use of Handcuffs: BNSS allows the use of handcuffs in various cases, including
organized crime, contrary to Supreme Court directives that restrict their use.
8. Police Custody: BNSS permits up to 15 days of police custody, which can be
authorized in parts during initial periods of judicial custody. This could lead to denial of
bail if the entire 15 days is not utilized.
9. Bail: While CrPC allows bail for those who have served half of the maximum
imprisonment, BNSS denies this facility for individuals facing multiple charges, which
may limit bail opportunities. BNSS also defines terms like bail, bail bond, and bond.
Bhartiya Nagarik Suraksha Sanhita, 2023: A Concise Analysis
The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a pivotal piece of legislation introduced
by the Union Government to replace the Criminal Procedure Code, 1973 (CrPC). Passed by the
Lok Sabha on December 20, 2023, and by the Rajya Sabha on December 21, 2023, it received
Presidential assent on December 25, 2023. BNSS retains many provisions from the CrPC but
introduces several significant modifications aimed at modernizing India’s criminal justice system.
Key Changes in BNSS
1. Detention of Undertrials: Under the CrPC, an accused who has spent half of the
maximum sentence period in detention must be released on a personal bond, except for
death penalty cases. BNSS expands this provision to exclude cases involving life
imprisonment and those with multiple pending charges.
2. Medical Examination: BNSS allows any police officer to request a medical examination
of the accused in certain cases, including rape. This is a shift from the CrPC, which
restricted such requests to registered medical practitioners upon the request of at least a
sub-inspector.
3. Forensic Investigation: For crimes punishable with a minimum of seven years of
imprisonment, BNSS mandates forensic investigations. Forensic experts are required to
visit crime scenes, collect evidence, and record the process electronically. States lacking
forensic facilities must use those in other states.
4. Signatures and Finger Impressions: BNSS expands the CrPC’s provision allowing
magistrates to order specimen signatures or handwriting to include finger impressions
and voice samples. It also allows these samples to be taken from individuals not yet
arrested.
5. Timelines for Procedures: BNSS introduces specific timelines for various legal
processes. For example, medical reports for rape cases must be submitted within seven
days. Judgements are to be delivered within 30 days of argument completion
(extendable to 45 days), while victims must be informed about the investigation's
progress within 90 days, and charges framed within 60 days from the initial hearing.
6. Hierarchy of Courts: BNSS removes the classification of metropolitan areas and
Metropolitan Magistrates, which were previously determined by state governments
based on city population.
7. Use of Handcuffs: BNSS allows the use of handcuffs in various cases, including
organized crime, contrary to Supreme Court directives that restrict their use.
8. Police Custody: BNSS permits up to 15 days of police custody, which can be
authorized in parts during initial periods of judicial custody. This could lead to denial of
bail if the entire 15 days is not utilized.
9. Bail: While CrPC allows bail for those who have served half of the maximum
imprisonment, BNSS denies this facility for individuals facing multiple charges, which
may limit bail opportunities. BNSS also defines terms like bail, bail bond, and bond.
