BNSS

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.
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