BNSS UNIT 1:

1. Background of BNSS:
MEANING OF CRIMINAL PROCEDURE:
Criminal procedure is the set of rules that guide how the criminal justice
system works. It covers everything from investigations, arrests, and gathering
evidence to trials, sentencing, and appeals. These rules ensure law
enforcement, courts, and others handle criminal cases fairly. The goal is to
balance enforcing laws and punishing offenders with protecting individual
rights. It includes rules about police powers, court authority, and the rights of
the accused to ensure justice is served.
Importance of Criminal Procedure:
1. Protecting Rights: Ensures fair trials, legal representation, and protection
against unlawful detention and self-incrimination.
2. Fair Trials: Sets clear rules for evidence and court procedures to prevent
wrongful convictions and uphold trust in justice.
3. Maintaining Order: Guides law enforcement to act lawfully, balancing
public order with individual rights.
4. Efficiency: Provides clear processes and timelines to reduce delays and
ensure timely justice.
5. Public Trust: A fair and transparent system reassures people that justice
is served for both victims and the accused.
Background of CRPC:
 The first version of the Code of Criminal Process was enacted in 1861,
following the passing of the Indian Penal Code in 1860.
Act 10 of 1882 superseded the Code.
 Sixteen statutes relating to the criminal procedure have been passed
since 1882.
 The Code of Criminal Procedure replaced it once more in 1898.
 The Code of Criminal Process Amendment Act of 1923 then updated the
1898 statute.
  In its 14th Report (1958), the First Law Commission presented significant
suggestions for criminal justice reform.
 The recommendations of the committee were taken into consideration,
and the Code was changed.
 Parliament passed the 1973 Code of Criminal Process in response to the
recommendations of the Fifth Law Commission’s Forty-First Report
Background of BNSS:
Background of the BNSS, 2023
India’s criminal justice system, rooted in British colonial laws like the CrPC,
needed reforms to tackle delays, outdated practices, and ensure fairness for
both accused and victims. To modernize the system, the BNSS, along with the
Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Bill, was introduced to
replace the CrPC, IPC, and Indian Evidence Act, respectively.These reforms aim
to improve police efficiency, reduce judicial backlogs, and uphold constitutional
rights and duties. The BNSS focuses on streamlining investigations, arrests, and
trials, incorporating principles from Supreme Court rulings and law commission
recommendations.
Need for Replacing the CrPC with the Bharatiya Nagarik Suraksha Sanhita 2023
Need for BNSS, 2023:
The CrPC, nearly five decades old, is outdated and unable to address modern
crimes like cybercrime and organized crime. The BNSS introduces a modern
legal framework to enhance efficiency and protect rights:
1. Modernization: Tailored for contemporary challenges, it includes
provisions for digital and forensic advancements.
2. Efficiency: Sets clear timelines for procedures like medical reports and
judgments to reduce delays and backlogs.
3. Forensic Integration: Mandates forensic investigations for serious crimes,
improving evidence collection through technology.
4. Balanced Police Powers: Expands police authority while adding
safeguards to prevent misuse and protect individual rights.
5. Accused Rights: Strengthens protections for undertrial prisoners, aligning
with Supreme Court human rights guidelines.
 6. Streamlined Procedures: Clarifies offenses and judicial responsibilities,
reducing procedural ambiguities for efficient legal processes.
2. CONSTITUTIONAL PROVISIONS FOR BNSS:
CONSTITUTIONAL DIMENSIONS OF BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) aligns with various
constitutional provisions, particularly those enshrined in Part III of the
Constitution, which protects Fundamental Rights, and other provisions
ensuring due process and federalism:
1. Fundamental Rights (Articles 20, 21, and 22):
 Article 20: Protection in respect of conviction for offenses.
o BNSS upholds safeguards against double jeopardy (prosecution for
the same offense more than once) and self-incrimination, ensuring
that criminal justice adheres to constitutional guarantees.
o Provisions for evidence collection and investigation in BNSS
respect this right by integrating modern, non-coercive forensic
techniques.
 Article 21: Right to Life and Personal Liberty.
o BNSS prioritizes the right to a fair and speedy trial, maintaining
clear timelines for trials and judgments.
o Guidelines for humane treatment during detention and custodial
interrogation align with Article 21, ensuring no arbitrary
deprivation of liberty.
o Provisions for bail and safeguards for undertrial prisoners directly
address the constitutional mandate to protect personal liberty.
 Article 22: Protection against arrest and detention.
o BNSS incorporates safeguards like judicial scrutiny within 24 hours
of arrest and ensures individuals are informed of the grounds for
their detention, meeting Article 22's requirements.
o The Bill specifies procedural rights during arrest and detention,
reinforcing protections against arbitrary police actions.
2. Right to a Fair Trial (Article 21):
 BNSS integrates transparent procedures for evidence handling,
investigation, and trial to prevent biases or undue delays.
 By mandating time-bound completion of trials, the BNSS addresses the
constitutional imperative for speedy justice, as highlighted in cases like
Hussainara Khatoon v. State of Bihar (1979).
 Emphasis on procedural fairness ensures that both victims and accused
persons receive equitable treatment under the law.
3. Checks on Arbitrary Detention (Article 22):
 BNSS retains the constitutional safeguard against detention beyond 24
hours without judicial oversight.
 It also mandates clear and immediate communication of arrest reasons,
enhancing transparency and accountability in line with DK Basu v. State
of West Bengal (1996).
 These provisions align with the protection of individual liberties while
enabling lawful arrests for maintaining public order.
4. Due Process and Judicial Oversight (Article 21):
 BNSS ensures due process through strict procedural safeguards against
misuse of power, such as arbitrary arrests or detentions.
 It strengthens judicial review over police actions, including arrests,
searches, seizures, and investigations, ensuring fairness and
reasonableness in every step.
 This aligns with the expanded interpretation of “procedure established
by law” under Maneka Gandhi v. Union of India (1978), requiring that all
legal procedures be fair, just, and reasonable.
5. Federalism and Law Enforcement (Article 246 and Concurrent List):
 Criminal procedure falls under the Concurrent List (Entry 2), allowing
both the Union and States to legislate.
 BNSS creates a centralized framework for criminal procedure while
allowing States to adapt specific provisions, reflecting India’s federal
structure.
 This ensures uniformity across the country while addressing region-
specific requirements, maintaining the balance of power envisioned in
the Constitution.
6. Incorporation of Judicial Recommendations:
 BNSS integrates landmark Supreme Court judgments:
o Bail Procedures: Aligns with Arnesh Kumar v. State of Bihar (2014),
emphasizing the principle of bail over jail.
o Custodial Safeguards: Follows DK Basu guidelines on rights during
custody and interrogation.
o Speedy Trials: Reflects directives from Hussainara Khatoon on
reducing judicial delays.
o Evidence Handling: Incorporates principles from State of
Rajasthan v. Balchand (1977) for proper collection and
admissibility of evidence.
7. The distribution of legislative powers between the Union and the States
through three lists:
Article 246 of the Indian Constitution outlines the distribution of legislative
powers between the Union and the States through three lists:
1. Union List (List I): Subjects on which only the Union Parliament can
legislate.
2. State List (List II): Subjects under exclusive State legislative power.
3. Concurrent List (List III): Subjects where both the Union and State
legislatures can make laws, but Union law prevails in case of conflict.
Criminal Procedure under Article 246:
Criminal procedure, including criminal investigations, trials, and evidence,
falls under the Concurrent List (Entry 2). This enables both the Union and
the States to legislate on criminal procedure, but Union laws, like the CrPC
and now the proposed BNSS, take precedence.
Alignment with BNSS, 2023:
1. Central Framework:
 o BNSS provides a unified legal structure for criminal procedure
across India, ensuring consistency while addressing modern
challenges like cybercrime and organized crime.
o States retain the flexibility to adapt certain provisions to suit local
requirements, reflecting federal principles.
2. Supremacy of Union Law:
o Under Article 246, the BNSS ensures a standardized approach to
criminal justice, streamlining processes for investigations, arrests,
and trials nationwide, while allowing room for state-specific
adaptations.
3. Balancing Federalism:
o The BNSS respects the collaborative nature of the Concurrent List,
providing a centralized law that incorporates inputs from states
where necessary. This balance strengthens the federal structure
while maintaining uniformity in critical areas of law enforcement
and justice.
4. Promoting Efficiency:
o A centralized framework under the BNSS addresses procedural
delays and inconsistencies, enabling better coordination between
Union and State agencies, crucial for addressing cross-border and
inter-state crimes.
In essence, the BNSS aligns with Article 246 by upholding the Union's
authority to legislate on criminal procedure while recognizing the
importance of state-level involvement, ensuring a cohesive yet adaptable
legal framework for India’s criminal justice system.

4. SALIENT FEATURES OF BNSS:

Salient Features of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
The BNSS, 2023 represents a comprehensive reform in India’s criminal justice
system. It is designed to modernize and streamline procedural laws, improve
police powers, ensure fair treatment of the accused, and strengthen victim
rights. Below is an in-depth look at the key features of the BNSS that reflect its
emphasis on efficiency, justice, and constitutional compliance:
1. Time-Bound Investigations and Trials:
o One of the standout features of the BNSS is the introduction of
strict timelines for both investigations and trials. The Bill seeks to
eliminate the issue of procedural delays, a common challenge in
the Indian judicial system.
o The BNSS mandates a maximum investigation period for various
types of crimes, after which charges must be filed. Failure to do so
will result in the case being closed, unless specific reasons are
provided.
o The Bill also sets clear timeframes for case disposal at trial courts,
which will minimize delays, reduce backlogs, and ensure that
victims and the accused are not left in prolonged uncertainty.
2. Increased Police Powers with Safeguards:
o The BNSS significantly expands the powers of law enforcement
agencies in matters of arrest, search, and seizure. For example,
police can arrest individuals without a warrant in certain cases,
such as for serious offenses, ensuring quick law enforcement
response.
o However, these powers come with increased safeguards to
prevent abuse. Strict procedural protocols are imposed,
particularly when it comes to the handling of digital evidence,
where police are granted direct access to electronic data only
under rigorous conditions and judicial oversight. This ensures that
police powers are balanced with accountability.
3. Revised Bail Provisions:
o The BNSS revises the rules surrounding bail, particularly in cases
involving serious crimes. While bail remains a fundamental right
for bailable offenses, the Bill places certain restrictions on
mandatory bail for those accused of repeat or serious offenses.
o A key aim of the BNSS is to address the issue of undertrial
prisoners by improving the speed of bail processes and ensuring
 that individuals accused of lesser crimes do not remain in
detention unnecessarily. The Bill also introduces more defined bail
eligibility criteria, ensuring that the principles of fairness and
justice are adhered to.
4. Preliminary Inquiry for Certain Offenses:
o A significant departure from previous laws is the requirement for a
preliminary inquiry before lodging a First Information Report (FIR)
for offenses punishable by three to seven years in prison.
o This aims to ensure that cases with lower severity are properly
assessed before initiating criminal procedures. It addresses
concerns raised by the Lalita Kumari case (2013), which required
immediate registration of an FIR for all cognizable offenses, even
without an inquiry. The BNSS balances this requirement with the
need for fairness, providing a more considered approach to crime
registration.
5. Integration of Technology in Justice:
o Recognizing the growing role of technology in criminal activities
and investigations, the BNSS encourages the use of digital tools in
both investigations and trials.
o Provisions for electronic records, digital submissions, and the use
of forensic technologies such as DNA analysis and cybersecurity
tools are incorporated to enhance the accuracy and efficiency of
investigations.
o This use of technology ensures that the criminal justice system
keeps pace with advancements in cybercrime and modern forensic
science.
6. Rights of the Accused:
o The BNSS focuses on the protection of the rights of the accused,
ensuring that their constitutional rights are not violated during the
investigation or trial processes.
o The Bill mandates that the accused be informed of their right to
legal counsel at the time of arrest and that they undergo a medical
examination upon arrest to prevent custodial torture and abuse.
 o These measures are in line with Article 21 (Right to Life and
Personal Liberty) and Article 22 (Protection against Arrest and
Detention) of the Constitution, ensuring the accused are treated
fairly while safeguarding their dignity.
7. Revised Handcuffing Norms:
o The BNSS revises the handcuffing norms by allowing their use in
specific cases involving dangerous offenders. This is a departure
from earlier Supreme Court rulings that imposed a blanket ban on
handcuffing.
o However, the Bill mandates that reasons for handcuffing must be
recorded, ensuring that the measure is used only when absolutely
necessary, and any misuse can be subject to judicial review. This is
a step toward protecting the human rights of detainees while
balancing law enforcement needs.
8. Streamlined Appeals and Revisions:
o The BNSS seeks to simplify the appeals and revisions process,
allowing for faster and more accessible resolution of criminal
cases.
o It eliminates many procedural complexities that often delay
justice, ensuring that cases can be appealed and revised quickly,
thereby enhancing the efficiency of the judicial system.
o This change aims to reduce the backlog of cases and provide a
more timely resolution to those seeking justice, benefiting both
victims and the accused.
9. Provisions for Detention:
o The BNSS provides guidelines for detaining individuals who fail to
comply with police directions during investigations.
o These provisions allow detention until the situation requiring it
has passed, but it ensures that such detention is not indefinite.
The law also emphasizes that the reason for detention must be
communicated to the individual, ensuring transparency and
accountability.
10.Encouraging Plea Bargaining:
 o To ease the burden on the judicial system and expedite case
resolutions, the BNSS promotes plea bargaining for minor
offenses. This provision encourages the accused to plead guilty in
exchange for a lighter sentence, helping clear out lesser cases and
reduce court congestion.
o Plea bargaining is particularly beneficial in cases where the offense
is minor, offering a quicker resolution while also promoting judicial
economy.
11.Centralized and Uniform Framework:
o While the criminal procedure law is in the Concurrent List, the
BNSS establishes a centralized framework that provides uniformity
across India’s judicial system.
o At the same time, it respects India’s federal structure, allowing
states some flexibility to adapt the framework to local needs, as
long as the core principles of the law are maintained.
o This ensures a balance between a uniform criminal justice system
and regional adaptations, reflecting the diversity of India.
12.Expanded Victim Rights:
o The BNSS strengthens victim rights, ensuring that victims are not
neglected in the criminal justice process.
o Victims are now entitled to receive updates on the progress of
their cases, including when the accused applies for bail or is
released, allowing them to be informed and involved in the
process.
o This provision aims to ensure that victims have a greater voice and
role in the justice system, contributing to the overall transparency
and fairness of proceedings.
Conclusion:
The BNSS, 2023 aims to modernize India’s criminal justice system by integrating
technology, enhancing police powers with safeguards, ensuring fair trials, and
improving victim rights. With a focus on reducing delays, increasing efficiency,
and balancing the protection of individual rights, it represents a significant
reform in India’s approach to criminal law. By aligning with constitutional
principles, addressing judicial recommendations, and responding to the needs
of modern crime, the BNSS promises to be a step forward in building a just and
effective legal system.

5. Functionaries under BNSS: