From July 1, 2024, India will witness a landmark legal reform as the Criminal Procedure Code, 1973 (CrPC) gives way to the Bhartiya Nagrik Suraksha Sanhita (BNSS). Positioned as the Best Law Firm in Delhi, Vera Causa Legal weighs in on this legislative evolution, which seeks to modernize the criminal justice system. The BNSS aims to bolster procedural efficiency, fortify citizens’ rights, and tackle contemporary legal challenges with updated processes and enhanced protections. This comparative analysis delves into the key differences and improvements between the CrPC and BNSS, offering insights into how these changes will impact law enforcement, judiciary proceedings, and the general public.
BNSS 2023 To Cr.PC. 1973: Comparative Chart
| S.No. | OLD
Section CrPC |
Heading |
NEW
Section BNSS |
| 1 | 2 | Definitions | 2 |
| 2 | 21 | Special Executive Magistrates | 15 |
| 3 | 24 | Public Prosecutors | 18 |
| 4 | 25A | Directorate of Prosecution | 20 |
| 5 | 29 | Sentences which Magistrates may pass | 23 |
| 6 | 40 | Duty of officers employed in connection with affairs of a village to make certain report. | 34 |
| 7 | 41 &
41 A |
When Police may arrest without warrant | 35 |
| 8 | 41C | Designated Police Officers | 37 |
| 9 | 41D | Right of arrested person to meet an advocate of his choice during interrogation | 38 |
| 10 | 43 | Arrest by private person and procedure on such arrest. | 40 |
| 11 | 46 | Arrest how made | 43 |
| 12 | 50A | Obligation of person making arrest to inform about arrest, etc. to relative or friend. | 48 |
| 13 | 52 | Power to seize offensive weapons. | 50 |
| 14 | 53 | Examination of accused by medical practitioner at request of police officer. | 51 |
| 15 | 54 | Examination of arrested person by medical officer. | 53 |
| 16 | 54A | Identification of person arrested. | 54 |
| 17 | 57 | Person arrested not to be detained more than twenty-four hours. | 58 |
| 18 | 61 | Form of Summons | 63 |
| 19 | 62 | Summons how served | 64 |
| 20 | 63 | Service of summons on corporate bodies, firms, and societies. | 65 |
| 21 | 64 | Service when persons summoned cannot be found. | 66 |
| 22 | 68 | Proof of service in such cases and when serving officer not present. | 70 |
| 23 | 69 | Service of summons on witness. | 71 |
| 24 | 80 | Procedure on arrest of person against whom warrant issued. | 82 |
| 25 | 82 | Proclamation for person absconding. | 84 |
| 26 | 83 | Attachment of property of person absconding. | 85 |
| 27 | – | Identification and attachment of property of proclaimed person. | 86 (Fresh
Addition) |
| 28 | 91 | Summons to produce document or other thing. | 94 |
| 29 | 92 | Procedure as to letters. | 95 |
| 30 | 94 | Search of place suspected to contain stolen property, forged documents, etc. | 97 |
| 31 | – | Recording of search and seizure through audio video electronic means. | 105 (Fresh Addition) |
| 32 | – | Attachment, forfeiture or restoration of property. | 107 (Fresh
Addition) |
| 33 | – | Letter of request to competent authority for investigation in a country or place outside India. | 112 (Fresh Addition) |
| 34 | – | Letter of request from a country or place outside India to a Court or an authority for investigation in India. | 113 (Fresh Addition) |
| 35 | 111 | Order to be made | 130 |
| 36 | 129 | Dispersal of assembly by use of civil force. | 148 |
| 37 | 130 | Use of armed forces to disperse assembly. | 149 |
| 38 | 134 | Service or notification of order. | 153 |
| 39 | 135 | Person to whom order is addressed to obey or show cause. | 154 |
| 40 | 136 | Penalty for failure to comply with section 154. | 155 |
| 41 | 138 | Procedure where person against whom order is made under section 152 appears to show cause. | 157 |
| 42 | 143 | Magistrate may prohibit repetition or continuance of public nuisance. | 162 |
| 43 | – | Persons bound to conform to lawful directions of police. | 172 (Fresh
Addition) |
| 44 | 154 | Information in Cognizable Cases | 173 |
| 45 | 155 | Information as to Non-Cognizable Cases and Investigation of such cases | 174 |
| 46 | 156 | Police Officer’s power to investigate cognizable offences | 175 |
| 47 | 157 | Procedure of Investigation | 176 |
| 48 | 158 | Report how submitted | 177 |
| 49 | 159 | Power to hold investigation or preliminary inquiry. | 178 |
| 50 | 160 | Police Officer’s Power to require attendence of witness | 179 |
| 51 | 161 | Examination of Witness by Police | 180 |
| 52 | 162 | Statements to Police and use thereof | 181 |
| 53 | 163 | No inducement to be offered | 182 |
| 54 | 164 | Recording of confessions and statements | 183 |
| 55 | 164A | Medical examination of victim of rape. | 184 |
| 56 | 165 | Search by Police Officer | 185 |
| 57 | 166 | When officer incharge of police station may require another to issue search warrant. | 186 |
| 58 | 167 | Procedure when investigation cannot be completed in twenty-four hours. | 187 |
| 59 | 168 | Report of investigation by subordinate police officer. | 188 |
| 60 | 169 | Release of accused when evidence deficient. | 189 |
| 61 | 170 | Cases to be sent to Magistrate, when evidence is sufficient. | 190 |
| 62 | 171 | Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. | 191 |
| 63 | 172 | Diary of proceedings in investigation | 192 |
| 64 | 173 | Report of police officer on completion of investigation. | 193 |
| 65 | 174 | Police to enquire and report on suicide, etc. | 194 |
| 66 | 175 | Power to summons persons | 195 |
| 67 | 176 | Inquiry by magistrate into cause of death | 196 |
| 68 | 188 | Offence committed outside India. | 208 |
Conclusion
The Bhartiya Nagrik Suraksha Sanhita marks a transformative step in India’s criminal justice system, replacing the Criminal Procedure Code, 1973. By addressing the limitations of the CrPC, the BNSS aims to improve procedural efficiency and enhance citizens’ rights protection. This comparative analysis underscores the progressive changes and the anticipated positive impact of the new legislation. As India transitions to BNSS, it is crucial for law enforcement, the judiciary, and the public to understand and adapt to these changes, ensuring a more effective and just criminal justice system for all.