An Overview of Reform on BNSS, 2023
Bharatiya Nagrik Suraksha Sanhita 2023 has 531 sections (In place of 484 Sections of Cr.P.C. 1973. A total of 177 provisions have been changed/modified in the Act, and nine new sections as well as 39 new sub-sections have been added to it. The Act has added 44 new provisions and clarifications. Timelines have been added to 35 sections and audio-video provisions have been added at 35 places. A total of 14 sections have been repealed and removed from the new Act.
| CrPC | BNSS | |
| Chapter – 9 | Order for maintenance of wives, children and parents (sec. 125 – 128) | Security for keeping the peace and for good behaviour (sec 125 – 143) |
| Chapter -10 | Maintenance of public order and tranquillity (129 – 148) | Order for maintenance of wives, children and parents (sec. 144 – 147) |
| Chapter -11 | Preventive action of the police (sec. 149 – 153) | Maintenance of public order and tranquillity (148 – 167) |
| Chapter -12 | Information to the police and their powers to investigate (sec. 154 – 176) | Preventive action of the police (sec.168 – 172) |
| Chapter -13 | Jurisdiction of the criminal courts in inquiries and trials (sec. 177 – 189) | Information to the police and their powers to investigate (sec. 173 – 196) |
| Chapter -14 | Conditions requisite for initiation of proceedings (sec. 190 – 199) | Jurisdiction of the criminal courts in inquiries and trials (sec. 197- 209) |
| Chapter -15 | Complaints to magistrates (sec. 200 – 203) | Conditions requisite for initiation of proceedings (sec. 210 – 222) |
| Chapter -16 | Commencement of proceedings before magistrates (sec. 204 – 210) | Complaints to magistrates (sec. 223 – 226) |
| Chapter -17 | The charge (sec. 211 – 224) | Commencement of proceedings before magistrates (sec. 227 -233) |
| Chapter -18 | Trial before a court of session (sec. 225 – 237) | The charge (sec. 234 – 247) |
| Cr.P.C 1973 | BNSS 2023 |
| 144A Power to prohibit carrying arms in procession or mass drill or mass training with arms. | Deleted 144A |
| 153. Inspection of weights and measures. | Deleted |
| New | 172. Persons bound to conform to lawful directions of police. |
Ch. 13 INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
173. Information in cognizable cases (Zero FIR)
• Union of India V/s Ashok Kr. Sharma and Others (2020) 4MLJ(Crl.) 243,
- Nirbhaya case,
- NPC
- JS Verma Committee
Registration of FIR based on complaints/information received through electronic communications (Section 173)
- 282nd Report of the Law Commission of India, September 2023
- Tajinder Singh and anr. V/s U.O.I and ors. : 2019 SCC Online Del 12143 (rejected the plea for electronic FIR in all type of cases)
Ch. 13 Information to the police and their powers to investigate
Preliminory enquiry : Section 173 (3) read with Section 175 (3) Lolita Kumari V/s State of U.P.
Changes with respect to the provisions pertaining to arrest
Section 35(7) : Infirm/old age person, less than three year punishment is prescribed: Minimum DSP’s permission for arrest
Handcuffing: 43(3) (Permissible in wide range of situations) Not permitted unless exceptional circumstances
• Sunil Batra V/s Delhi Administration, AIR 1978 SC 1675,
- Prem Shankar Shukla V/s Delhi Administration, AIR 1980 SC 1535
Use of electronic mode at stages of investigation, inquiry and trial :
- (Sections 64 (summon serving), 68(Govt. servant summon), 94 (digital evidence
summon), 227 (Issue of process: summon/warrant), 176 (procedure for investigation, audio – video recording of statement), 230 (Supply of documents) and 231
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Forensic Investigation Sec. 176(3)
- Dharam Deo Yadav V/s State of U.P.2014 (5) SCC 509 : Necessity was emphasized in detail.
- Production of devices containing digital evidence (Section 94)
- Developments with respect to search and seizure recording (Sections 185,105)
- Arjun Pandit Rao Khotkar V/s Kailash Kushan Rao Gorantyal and ors: 65B IEA
/63 BSA: Admissibility of electronic evidence
lt is not necessary for an accused to be taken into custody while filing chrgesheet (Section 190, proviso)
Flexible Police Custody : Section 187(2) & (3) (15 days together wholly or in part within 40/60 and 60/90 days
Jurisdiction to Criminal Courts in inquiries and trials
| Cr.P.C. 1973 | BNSS 2023 |
| 182. Offences committed by letters, etc. | 202. Offences committed by means of electronic communications, letters, etc. |
| 188. Offence committed outside India. | 208. Offence committed outside India. |
| 189. Receipt of evidence relating to offences committed outside India. | 209. Receipt of evidence relating to offences committed outside India |
REFORMS IN COMMENCEMENT OF PROCEEDINGS
| Cr.P.C. | Corresponding provisions under BNSS |
| Cognizance by Magistrates: Section 190 (police report recorded through electronic Communication + cognizance against a public servant upon complaint after receiving Report from superior + complaint may be made under any special law) | Section 210 |
| Prosecution for Contempt of lawful authority of public servants, for offenses against public justice, and for offenses relating to documents given in evidence: Section 195: Any other authorized public servant may write the complaint) | Section – 215 |
| Prosecution of Judges and public servants: Section 197 (sanction within 120 days) | Section – 218 |
| Prosecution for offenses against marriage: Section 198 (aggrieved party, exception: mental illness/less than 18 years/ prohibited by virtue of custom) | Section 219 |
| Complaints to Magistrate: Section 200 (no cognizance without the accused being heard) | Section 223 |
Reforms in Commencement of Proceedings
| Cr.P.C. 1973 | BNSS 2023 |
| 204. Issue of process (Summons or Warrants through electronic means) | Section 227 |
| 207. Supply to the accused copy of police reports and other documents (within 14 days from the date of production + electronic communication | Section 230 |
| 208. Supply of copies of statements and documents to accused in other cases triable by Court of Session. (Forthwith by magistrate taking cognizance | Section 231 |
| 209. Commitment of case to Court of Session when offence is triable exclusively by it (within 90 days or 180 days with reasons to be recorded) | Section 232 |