BNSS 2023 To Cr.PC. 1973 Comparative Guide

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.