Introduction of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is one of the three new criminal laws enacted by the Indian Parliament to replace colonial-era legislation. It substitutes the Code of Criminal Procedure (CrPC), 1973, aiming to modernize, simplify, and make India's criminal justice system more citizen-centric and technology-driven.
Enacted on 25th December 2023, the BNSS focuses on speedy investigation, fair trials, victim rights, and efficient justice delivery. It introduces several reforms, such as:
Mandatory videography of search and seizure operations
•E-FIR registration for selected offences
•Time-bound investigation and trial
•Stronger provisions for victim participation
•Inclusion of forensic and digital evidence
•Emphasis on zero tolerance for custodial torture
This Sanhita reflects the government's vision of a justice system rooted in Indian values and responsive to modern-day needs. It is a significant move towards decolonizing Indian laws and ensuring justice with dignity, transparency, and efficiency for every citizen.
🔹 1. Filing FIR is Easier (e-FIR Facility)
Old system:
People had to visit a police station physically to file an FIR, which often caused delay and inconvenience—especially for women, senior citizens, or people living far from police stations.
New BNSS provision:
Now, for certain crimes (like theft, house trespass, etc.), e-FIRs can be filed online.
This saves time, improves access to justice, and ensures faster police action.
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🔹 2. Time Limit for Investigation and Trial
Problem earlier:
Cases used to drag on for years because there was no fixed time limit for police investigation or trial.
What BNSS says now:
Police must complete investigation of offences punishable with 7 years or more within 90 days, and for other cases, within 60 days.
Trials must be completed within 2 years from the date of framing charges.
This helps in speedy justice and reduces case pendency in courts.
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🔹 3. Use of Technology in Criminal Procedure90s
Old system:
The earlier law didn’t fully support using technology in court proceedings or police work.
Now under BNSS:
Trials, inquiries, and even witness statements can happen via video conferencing.
Search and seizure operations must be recorded on video.
Electronic and digital records (like CCTV footage, emails, messages) are recognized as legal evidence.
This reduces paperwork, saves time, and makes the system transparent and tamper-proof.
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🔹 4. Victim-Centric Approach
Earlier issue:
Victims were often ignored after filing a complaint and had limited role in the case proceedings.
BNSS brings reforms like:
Victims will be kept informed at every stage (like bail hearings, case progress, trial dates).
In cases like rape or sexual assault, victim statements must be recorded by a woman police officer and via audio-video means.
Victims have the right to assist the prosecution in serious cases.
This ensures that victims’ voices are heard and respected in the justice process.
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🔹 5. Mandatory Use of Forensic Science
Old practice:
Forensic help (like fingerprints, DNA, blood analysis) was rarely used, making cases weak.
New change:
In serious offences (punishable with 7+ years), visiting the crime scene with forensic experts is now compulsory.
This ensures that scientific evidence is collected properly, which increases chances of conviction.
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🔹 6. Judgment Delivery Within Time Limit
New BNSS rule:
Judges must pronounce judgment within 45 days of completion of trial.
Also, charges must be framed within 60 days of the first hearing.
This ensures that justice is not delayed and that accused, victims, and families get faster closure.
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🔹 7. Strict Measures Against Police Misuse / Torture
Problem:
There were many cases of custodial violence or misuse of police power.
Under BNSS:
Arrested persons have the right to inform a relative or friend immediately.
Medical check-up of arrested person is compulsory.
There are stricter rules to hold police accouuntable for misconduct or illegal detention.
This aims to protect the dignity and human rights of accused persons.
For small offences (like public nuisance or petty theft), the court can now order community service instead of jail time.
This is a reformative and humanitarian approach that helps in rehabilitation of offenders.
Historical Background of Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023
The Bhartiya Nagarik Suraksha Sanhita (BNSS) is a new law made in 2023 to replace the old Code of Criminal Procedure (CrPC), 1973. This new law tells how police should investigate a crime, how arrests and trials should happen, and how justice should be given.
But to understand BNSS properly, let’s go a little back in history.
1▪︎During British rule, the British government made many laws for India. One of them was the Code of Criminal Procedure, 1861.
Later, it was revised in 1898, and after independence, India replaced it with a new version called CrPC, 1973.
Even though it was changed in 1973, its structure and spirit were still based on the colonial system. It focused more on controlling the public rather than serving justice to citizens.
2•Over time, people started feeling that our criminal procedure law was old and slow.
Technology has changed, crime types have changed, but our criminal laws remained mostly the same.
Many experts, judges, and law commissions also suggested that it’s time to update these laws and make them fit for modern India.
The main goal was to create a system that is faster, fairer, and people-friendly.
3• On 11 August 2023, the Government of India introduced three new bills in Parliament:
1. Bhartiya Nyaya Sanhita (BNS) – to replace IPC
2. Bhartiya Nagarik Suraksha Sanhita (BNSS) – to replace CrPC
3. Bhartiya Sakshya Adhiniyam (BSA) – to replace the Indian Evidence Act
These three laws were passed in December 2023. BNSS replaced CrPC and brought many new changes for a better justice system.
4• The BNSS focuses on speedy justice and better investigation.
It supports use of technology like video calls for trials, electronic FIR, and digital records.
It also tries to make the process more victim-friendly and protect the rights of innocent people.
Overall, it aims to end colonial thinking in criminal law and build a system that matches the needs of today’s India.
🟨 Scope of Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023
The Bhartiya Nagarik Suraksha Sanhita (BNSS) is a law that replaces the old Code of Criminal Procedure (CrPC), 1973. It is not just a small change – it brings a complete update to the way criminal justice is given in India.
In simple words, BNSS tells us how crime cases should be handled by police, courts, and all other authorities — from the time a crime is reported to the final judgment and punishment.
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🔎 1. Covers All Stages of a Criminal Case
BNSS applies to every step of a criminal case, such as:
How an FIR is registered
How the police investigate the case
When and how a person can be arrested
When and how bail can be given
How the case goes to court
How the trial happens and
How the punishment or acquittal is decided
So basically, BNSS covers the full journey of a criminal case — from start to end.
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⚖️ 2. Applicable to All Types of Criminal Cases
Whether the crime is small (like pickpocketing or causing hurt) or serious (like murder, rape, terrorism), the procedure will follow BNSS.
So it is useful for:
•Police officers
•Lawyers
•Judges
•Victims
•Accused persons
•And even ordinary citizens
BNSS acts like a guidebook for all of them.
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🧑⚖️ 3. Applies Across the Whole Country
The BNSS is a central law, which means it is applicable all over India.
No matter which state the crime happens in – Delhi, UP, Maharashtra, or Tamil Nadu – the procedure of justice will be the same.
This brings uniformity and avoids confusion between states.
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⏱️ 4. Focus on Speedy and Fair Trials
One big problem in the old CrPC system was delay — cases took many years to get justice.
BNSS tries to fix that. It includes:
Time limits for investigation and trials
Online FIR and digital record-keeping
Use of technology like video conferencing for court hearings
Faster disposal of cases involving women, children, and elderly
So, it saves time, effort, and reduces harassment.
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👥 5. Protects Rights of Victims and Accused
The BNSS ensures that:
Victims of crime get justice quickly and fairly
Innocent persons are not wrongly punished
Accused persons get a fair chance to defend themselves
There is transparency in police and court work
In short, it wants to make the system fair for everyone, not just powerful people.
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🌐 6. Supports Digital India Vision
BNSS allows the use of:
▪︎Electronic communication (like emails, texts for summons)
▪︎Video statements of victims and witnesses
▪︎Online FIR registration
▪︎Digital evidence and investigation
This matches the needs of today's generation and makes the justice system more modern and efficient.
📍 Extent of Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023
The "extent" of a law means the area of the country where it is applicable.
The Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023) extends to the whole of India.
This means it will be followed in:
▪︎All States
▪︎All Union Territories
▪︎Including Jammu & Kashmir and Ladakh
📜 Relevant Constitutional Articles:
⚖️ Article 245 – Territorial Jurisdiction of Laws
Article 245 of the Indian Constitution gives Parliament the power to make laws for the whole or any part of India.
BNSS was passed by Parliament under this article, so it applies nationwide.
🗓️ Article 246 – Division of Powers
Criminal law and criminal procedure fall under the Concurrent List (List III) in the Seventh Schedule.
This means both the Centre and the States can make laws on criminal procedure — but central laws override state laws in case of conflict.
So, BNSS (being a central law) will overrule any state-level procedures.
🇮🇳 Impact of Article 370 (now abrogated)
Earlier, central laws like CrPC didn’t apply directly to Jammu & Kashmir because of Article 370.
But after abrogation of Article 370 in August 2019, all central laws — including BNSS — now apply fully to J&K and Ladakh as well.
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🧾 Why is the Extent of BNSS Important?
It ensures that criminal cases are handled in the same way all over India.
It promotes uniformity, clarity, and equal justice for all citizens — whether they live in a big city or a small village.
It also helps in faster cooperation between police and courts across different states.
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✍️ Conclusion
The Bhartiya Nagarik Suraksha Sanhita, 2023 is a central law that applies to the entire country, including Jammu & Kashmir. It has been made under Article 245 and covers criminal procedures like arrest, bail, investigation, and trials. Its wide extent ensures uniform justice for every citizen of India.
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