THE

BHARATIYA
NAGARIK
SURAKSHA
SANHITA
2023
Secondary Stage: Phase 1
Classes IX And X
October 2024
Kartika 1946

PD 5H BS

© National Council of Educational Research and Training, 2024

115.00

Published at the Publication Division, by the Secretary, National Council of

Educational Research and Training, Sri Aurobindo Marg, New Delhi 110 016
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THE BHARATIYA NAGARIK
SURAKSHA SANHITA, 2023

Secondary Stage: Phase 1

Classes IX and X
 Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023

Learning
outcomes

After going through this module you will be able to:

• explain the important features of BNSS
• identify the institutional arrangements for new criminal justice in India
• develop teaching learning materials on BNSS
• collect and classify important sources on BNSS

Introduction

This module on Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 will

facilitate all stakeholders in education system to understand the objective
of enacting the BNSS which is a legislative reform introduced to replace
the Criminal Procedure Code (CrPC) of 1973. BNSS aims to modernize and
improve the procedural laws governing the criminal justice system in India
and make it more efficient and responsive to contemporary needs. The
BNSS is a procedural law that outlines the process for the investigation and
trial of criminal offences in India. It is a comprehensive act that covers all
aspects of criminal proceedings from the point of registration of a criminal
case till the delivery of judgment by the courts.

Rationale

After this module children will be able to understand that the main objective
of the BNSS is to ensure that, the investigation and trial of criminal cases are
fair, just and transparent. It aims to provide an effective mechanism for the
investigation of crimes and the prosecution of offenders while protecting

2 The Bharatiya Nagarik Suraksha Sanhita, 2023

 the rights of the accused. BNSS outlines clear guidelines for investigating
criminal offenses, including the powers and duties of investigating officers,
the rights of suspects and witnesses and the procedures for collecting and
preserving evidence.Children will be able to understand the following
rationale of BNSS:
•• To transform India's criminal justice system by having fair,
transparent and faster investigation and trial procedures. BNSS
outlines clear guidelines for investigating criminal offences,
including the powers and duties of investigating officers, the rights
of suspects and witnesses and the procedures for collecting and
preserving evidence.
•• To protect the rights of citizens focusing on justice over punishment.
•• Strengthening safeguards like better legal aid access.
•• Addressing new crimes like cybercrime and allowing electronic
evidence in the court proceedings. It promotes the use of technology
for trials, appeals and allowing video-conferencing for proceedings.
•• Replace the colonial-era laws.
•• To punish the wrongdoers.
•• Prevent further occurrence of crime in society.
•• Regulate the behaviour and conduct of people, especially criminals.
•• Provide relief to the victim.
•• Reformation of offenders and their rehabilitation.
•• To create deterrence in the minds of people at large to not indulge in
any criminal activity.
•• The greatest objective of the BNSS is the suraksha (protection) of
citizens from the unfair exploitation of the procedure possible
through the existing loopholes in the current criminal procedure
system.

Source: https://www.iasgyan.in/rstv/perspective-special-biggest-reform-in-criminal-laws-a-game-changer
The Bharatiya Nagarik Suraksha Sanhita, 2023 3
 Description

Sustainable Development Goals (SDG)

The Sustainable Goals also include those related to child welfare and the
criminal justice system, and India is committed to the achievement of these
especially the following:
cc SDG 3: ‘Ensure healthy lives and promote well-being for all at all
ages’.
cc SDG 4: ‘Ensure inclusive and quality education for all and promote
lifelong learning, highlighting the importance of knowledge and
skills on human rights and the promotion of a culture of peace
and non-violence’ as well as ‘the provision of child, gender and
disability sensitive facilities and safe, non-violent, inclusive and
effective learning environments for all’.
cc SDG 16: SDG 16, which aims to “promote peaceful and inclusive
societies for sustainable development, provide access to justice for
all and build effective, accountable and inclusive institutions at all
levels”. Achieving SDG 16 requires efforts to reform and strengthen
criminal justice systems globally, ensuring they are fair, effective
and accessible to all, regardless of income, gender, age, disability
or any other status.

Source: https://www.iasexpress.net/criminal-justice-system-india/

4 The Bharatiya Nagarik Suraksha Sanhita, 2023

The relevance of criminal justice system in India
• The primary purpose of BNSS is to regulate the procedure for arrest,
investigation, inquiry and trial of offences provided under the laws
governing criminal offences.
• The criminal justice system is the set of laws, processes and institutions
that aim to prevent, detect and punish crimes, while ensuring the rights
and safety of all people.
• It includes institutions like police forces, judiciary, legislative bodies, and
other supportive organisations like forensic and investigation agencies.
• In the Indian criminal justice system after the offence is committed and
an FIR (First Information Report) is lodged in the police station, the steps
involved in the trial are as follows:
•• Charges are framed against the accused by the Magistrate.
•• The prosecution gives the evidence and witnesses.
•• The accused is given a chance to present his case and the statement
of the accused is recorded.
•• The defense lawyer from the side of the accused gives the evidence.
•• Both the lawyers, i.e., the prosecution and the defense have a final
argument.
•• The last stage, after closing and final arguments, is the judgment
of the court in which the accused is either acquitted (if found not
guilty) or convicted (if found guilty).

What are the Issues in the current Criminal Justice System of India?

Issues Its effects

Pendency of Cases According to the National Judicial

Data Grid (NJDG), there are over
4.7 crore cases pending in Indian
courts across different levels of the
judiciary. This leads to delays in
justice delivery, violation of the right
to speedy trial, and loss of public
trust in the system.

The Bharatiya Nagarik Suraksha Sanhita, 2023 5

 Lack of Resources and Infrastructure The criminal justice system
suffers from inadequate funding,
manpower and facilities. There is
a shortage of judges, prosecutors,
police personnel, forensic experts
and legal aid lawyers that hampers
delivery of justice.

Poor Quality of Investigation and The investigation and prosecution

Prosecution agencies often fail to conduct
thorough, impartial and
professional investigations. They
face interference from political and
other influences, corruption and
lack of accountability.

Human Rights Violations The criminal justice system is often

accused of violating the human
rights of the accused, victims,
witnesses and other stakeholders.
There are instances of custodial
torture, extrajudicial killings, illegal
detentions, coerced confessions,
unfair trials, etc.

Outdated Laws and Procedures With the emergence of technology

and the increasingly complex nature
of offences, the existing laws have
failed to address the offence and
ensure justice to the affected party.
For example, cyber crimes call for
updated provisions keeping in mind
the emerging technologies and their
possible use to commit offences.

Significance of the proposed reforms in BNSS:Rationale

•• The reform aims to modernise and simplify the criminal laws, which
are outdated and complex. The reform will make the laws more
in tune with the Indian spirit and ethos, and reflect the changing
nature of crime, society and technology.

6 The Bharatiya Nagarik Suraksha Sanhita, 2023

 •• The reforms will increase the use of electronic evidence and forensics
during investigation, prosecution and adjudication.
•• The reform will also provide for effective protection of the
constitutional rights of citizens, such as right to life, liberty, dignity,
privacy and fair trial.

Source: https://www.hindustantimes.com/india-news/understanding-the-significant-chang-
es-in-3-criminal-law-bills-101702407120788.html

Methodology

Legislative journey of the Bharatiya Nagarik Suraksha Sanhita

Bill, 2023

•• December 20, 2023: The Bharatiya Nagarik Suraksha (Second)

Sanhita Bill, 2023, receives approval in the Lok Sabha.
•• December 21, 2023: The Bharatiya Nagarik Suraksha (Second)
Sanhita Bill, 2023, clears the Rajya Sabha hurdle.
•• December 25, 2023: The Bharatiya Nagarik Suraksha (Second)
Sanhita Bill, 2023, receives the President’s assent, becoming law.

The Bharatiya Nagarik Suraksha Sanhita, 2023 7

 The comparison of the Code of Criminal Procedure (CrPC) and the
Bharatiya Nagarik Suraksha
Name of the act The Code of Criminal Bharatiya Nagarik
Procedure (CrPC) Suraksha Sanhita
(BNSS)

Year of Enactment 1973 2023

Objective To provide a To modernize and

comprehensive streamline criminal
framework for the procedure, enhance
investigation, arrest, efficiency, strengthen
prosecution, trial and safeguards for citizen
punishment of criminal rights and address
offences in India. emerging crimes.

Scope Covers a wide range Retains most offences

of criminal offences, from the CrPC, but
including offences adds new offences like
against the state, person, terrorism, organized
property, reputation and crime and murder or
religion. grievous hurt by a group
on certain grounds.

Investigation Police are primarily Mandates forensic

responsible investigation for serious
for conducting offences (punishment of
investigations. 7+ years).

Time-bound No strict time limits Introduces specific time

Investigations for completing frames for completing
investigations. investigations to ensure
timely justice and
reduce case backlog.

Use of Technology Limited provisions Emphasises the use of

for incorporating modern technology in
technology in evidence collection,
investigations. case management and
digital record-keeping to
enhance efficiency and
transparency.

8 The Bharatiya Nagarik Suraksha Sanhita, 2023

 Witness Protection Limited provisions for Enhances witness
witness protection. protection measures to
ensure the safety and
security of witnesses,
encouraging them to
come forward without
fear of retribution.

Victim Compensation Provisions for victim Strengthens victim

compensation exist but compensation schemes
are often inadequate and and ensures more
inconsistently applied. comprehensive and
consistent application,
including immediate
relief and long-term
support.

Juvenile Justice Separate procedures for Updates and strengthens

juvenile offenders exist procedures related
but need modernisation. to juvenile offenders,
ensuring their rights
and focusing on
rehabilitation rather
than punishment.

Additional Features Classification of New chapters on

offences into cognisable offences against
(serious) and non- women and children,
cognisable (less serious) community service as an
offences, provisions for alternative punishment,
preliminary inquiry, role replacement of sedition
of Magistrates in various with a new offence for
stages of the criminal endangering national
process, etc. security, use of modern
technology.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the successor to Code of
Criminal Procedure, 1973, seeks to expedite the justice delivery by effectively
tackling problems like pending cases in courts, limited use of technology in
legal system, investigation delays and inadequate use of forensic methods.
The changes brought by the act have been elaborated as under:
•• Technological advancement and use of electronic means in
investigation and trial—This shift from traditional means is expected
to reduce delays in criminal proceedings.
•• Zero FIR

The Bharatiya Nagarik Suraksha Sanhita, 2023 9

 •• The introduction of express timelines in the BNSS marks a
significant change towards an effective criminal justice system. It
fosters transparency, accountability and fairness within the criminal
justice system,
•• Protection of interests of victims—The BNSS now lays down that
a victim has to be informed of progress in the investigation, has
the right to obtain documents and materials relied upon by the
prosecution.
•• Witness Protection Scheme
•• The BNSS establishes a hierarchy of courts for adjudication of
criminal matters in India.
•• The BNSS provides for the use of handcuffs during arrest of a person
accused of offences such as rape, acid attack, organised crime,
economic offences and acts endangering sovereignty, unity and
integrity of India.
•• Focus on Forensics and Electronic Proceedings
•• The BNSS allows authorities to seize electronic communication
devices suspected of containing digital evidence relevant to
investigations.
•• All trials, inquiries, and court proceedings may be held in electronic
mode.

What is Zero FIR?

The BNSS specifically permits the registration of an FIR at any police
station in so far as cognisable (serious) offences are concerned, i.e.,
irrespective of the area where the offence was committed (Zero FIR). It
mandates that the FIR be transferred to the station which would have
jurisdiction over the place where the crime was committed, within 15
days.

Source: https://x.com/lawlearners_/status/1476057068645748739
10 The Bharatiya Nagarik Suraksha Sanhita, 2023
What is the difference between FIR and Zero FIR?
Generally, an FIR has to be filed in the police station which has jurisdiction
over the crime scene. However, in urgent and serious cognisable offences
(like rape, murder, etc.), to avoid wasting any time, you can get a Zero FIR
registered in any police station, regardless of jurisdiction.

What was the Code of Criminal Procedure, 1973 (CrPC)?

The CrPC provided for the procedure for arrest, prosecution and bail. The
Code of Criminal Procedure, 1973 (CrPC) was a procedural law established
for the administration of the Indian Penal Code, 1860 (IPC). It governed
the procedure for investigation, arrest, prosecution and bail for offences.
The CrPC was first passed in 1861 to address the problem of multiplicity
of legal systems in India. In 1973, the act was repealed and replaced by the
amended CrPC. It was again amended in 2005 to add new changes.
The purpose of Bharatiya Nagarik Suraksha Sanhita (BNSS) is good
governance and efficient justice system, citizen centric new criminal
procedure, use of technology and forensic science in investigation, victim
relief system, protection of human rights.

Source: Hindustan Times Newspaper

The Bharatiya Nagarik Suraksha Sanhita, 2023 11

 ACTIVITIES

1. What is the meaning of the term ‘crime’?

Pedagogy: Group Exercise
Learning goals: What are criminal offences?
Class Discussion on the Topic—Why do people commit offences?
Conclude that crime has been defined as ‘A positive or negative act in
violation of penal law; an offense against the State’. According to Britannica,
crime is defined as an intentional unlawful act that is both prohibited and
punishable by law. This includes murder, rape, extortion, kidnapping and
so on. Crime may be committed due to several intersecting vulnerabilities
like age, gender, caste, class, education, parents’ education and financial
status, disability and many more.
Objective is to make children understand the importance of protecting
society from criminals and criminal activities and to provide citizens the
right to have a dignified, safe and secure life.

2. Pedagogy: Group Discussion on BNSS

Objectives
- To understand the key features of BNSS.
- To compare BNSS with the CrPC.
- To evaluate the potential impact of BNSS on the criminal justice system
in India.
- To discuss the challenges and opportunities in implementing BNSS.

Participants
-  Moderator: Facilitates the discussion, keeps it on track and ensures all
participants have a chance to speak.
- Participants: Students or attendees divided into smaller groups for
focused discussion.

Structure:
Introduction by Moderator (5 minutes)
- Brief overview of BNSS and its purpose.
- Objectives of the group discussion.
- Outline of the discussion format and rules.
Icebreaker (5 minutes) - Each participant introduces themselves and shares
one thing they know or have heard about BNSS.
12 The Bharatiya Nagarik Suraksha Sanhita, 2023
Key Topics for Discussion (30–45 minutes)
Topic 1: Modernisation and Relevance
•• How does BNSS modernise and update the criminal justice system
compared to the CrPC?
•• Are the updates in BNSS necessary and sufficient to meet
contemporary needs?

Topic 2: Victim Rights and Protection

•• What are the new provisions for victim rights and protection in
BNSS?
•• How do these compare to the CrPC? Will they be effective in providing
better support to victims?

Topic 3: Procedural Efficiency and Use of Technology

•• How does BNSS streamline procedures and reduce delays in the
criminal justice system?
•• Discuss the role of technology in BNSS and its potential impact on
the efficiency and transparency of the system.

Topic 4: Accountability and Transparency

•• What measures does BNSS introduce to ensure greater
accountability and transparency in law enforcement?
•• Are these measures likely to be effective in preventing misuse of
power?

Topic 5: Implementation Challenges

•• What are the potential challenges in implementing BNSS?
•• How can these challenges be addressed to ensure a smooth
transition from the CrPC?

Group Presentations (20 minutes)

•• Each small group presents their discussion points and conclusions
on one of the key topics.
•• Questions and feedback from other groups and the moderator.

The Bharatiya Nagarik Suraksha Sanhita, 2023 13

 Open Floor Discussion (10 minutes)
Participants can bring up any additional points, questions, or thoughts
about BNSS that were not covered in the key topics.

Conclusion by Moderator (5 minutes)

- Summarise the main points discussed.
- Highlight any consensus reached or differing viewpoints.
- Encourage participants to continue researching and discussing BNSS.

Discussion Prompts
Modernisation and Relevance
•• What specific laws and procedures have been updated in BNSS?
Victim Rights and Protection
•• Can you identify key changes in BNSS that enhance victim rights?
•• How might these changes impact victims' experiences within the
criminal justice system?
Procedural efficiency and use of technology
•• How can technology be used effectively in the criminal justice
system?
Accountability and Transparency
•• How might these mechanisms improve public trust in law
enforcement?
Implementation challenges
•• What training and resources will be needed for a successful
implementation of BNSS?

Preparation for Participants:

-  Read a summary of the key features of BNSS and its comparison with
the CrPC.
-  Think about examples or case studies where procedural delays or lack
of victim support have been significant issues.
-  Consider potential questions or concerns about the implementation of
BNSS.
This format aims to provide a comprehensive and engaging discussion on
BNSS, helping students understand its significance and potential impact on
the Indian criminal justice system.

14 The Bharatiya Nagarik Suraksha Sanhita, 2023

3. What is juvenile justice ?(focus on children in conflict with law)
Pedagogy: Opening questions
Learning Goals: The concept of juvenile justice, why and how children
must be treated differently from adults.
Ask: What words come to mind when I say ‘Childhood’?
Ask them to respond promptly.
List out participant’s responses on board.
Common responses: Innocence, playfulness, freedom, naughty, etc.
Conclude that expectations from a child are not same as those from adults.
Ask: Did you do certain things today that you may not be proud of?
Allow them a couple of minutes to think.
Ask one or two participants to share on a voluntary basis.
Conclude that all of us make mistakes as children, those that we are not
expected to repeat as adults, it is normal to make mistakes and probably
desirable because mistakes are life’s lessons which help us grow and develop.
Ask: What was the consequence of that action of yours?
List out common responses like spanking, a slap, scolding, counselling, etc.
Conclude that we are not sent to jail, or handed to police for mistakes we
make as children, we deserve a second chance, an opportunity to learn, to be
forgiven, merely by virtue of being children.
Ask: How are children different from adults?
Conclude that children are different from adults in maturity of mind and
body, in limited life experiences and world view, though we may often
underestimate their capabilities, each child is unique and has a unique
growth and development trajectory.
Ask: What are the protections and immunities that must be given to children
as they are different from adults?
List out common responses like no handcuffing or jail, no bad publicity in
media.
Conclude that they need development opportunities, a congenial
environment to grow up, to develop into a competent citizen capable of
contributing meaningfully to nation building. It encompasses health,
education, love and care from family, protection from exploitation and
abuse.

The Bharatiya Nagarik Suraksha Sanhita, 2023 15

 Expected Outcomes

By the end of the module, the students should be able to:

•• Demonstrate sufficient understanding of principles that underlie
India's criminal procedural system.
•• Apply the relevant statutory provisions and legal principles in
real-life cases.
•• The entire existence of an orderly society depends upon the sound
and efficient functioning of the criminal justice system. The law of
the land has to be in tune with the demands of the changing times
and nature of complexities in offences

Glossary of Terms

Abbreviation Full Form

BNSS Bharatiya Nagarik Suraksha
Sanhita, 2023
BNS Bharatiya Nyaya Sanhita, 2023
BSA Bharatiya Sakshya Adhiniyam, 2023
CrPC Code of Criminal Procedure
FIR First Information Report
IEA Indian Evidence Act
IPC Indian Penal Code
SC Supreme Court
HC High Court
NCERT National Council of Educational
Research and Training
NHRC National Human Rights
Commission
NEP National Education Policy
SDG Sustainable Development Goal

16 The Bharatiya Nagarik Suraksha Sanhita, 2023

Message for Parents

The purpose of this module is to sensitise parents and all the stakeholders
that, the function of law is to maintain law and order in the society and ensure
that, people can live in peace and harmony and pursue their respective goals
and to understand the importance of reforms introduced by BNSS in the
criminal justice system.
1. The BNSS empowers the police to investigate a criminal case. The
investigation is conducted in accordance with the provisions of the
BNSS, and the police are required to follow certain procedures and
guidelines while conducting the investigation.
2. The BNSS provides for the establishment of criminal courts at
different levels, such as the Magistrate's Court, the Sessions Court,
and the High Court. Each court has its own jurisdiction and the
jurisdiction is determined by the nature and seriousness of the
offence.
3. The BNSS provides for the rights of the accused, such as the right
to legal representation, the right to a fair trial and the right to be
informed of the charges against them. These rights are enshrined
in the Constitution of India, and are an important safeguard against
the misuse of the criminal justice system.
4. The BNSS also provides for the procedure for the trial of a criminal
case. The accused is given an opportunity to defend themselves.
The trial culminates in the pronouncement of the judgment by the
court.

The Bharatiya Nagarik Suraksha

Sanhita

The Bharatiya Nagarik Suraksha Sanhita, 2023 17

 BIBLIOGRAPHY
CBSE (2019) Handbook for Teachers. Delhi: Secretary, CBSE.
NCERT (2020)Training and Resource Material. New Delhi: Secretary, NCERT.
https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-second-sanhita-2023
The Code of Criminal procedure, 1973.
The Code of Criminal Procedure (Amendment) Act, 2005.
AIR 1997 SC 610, D.K. Basu v. State of West Bengal, Supreme Court, December 18, 1996, 1979
AIR 1360, Hussainara Khatoon v. State of Bihar, Supreme Court, February 12, 1979.
Report No. 78, Law Commission of India, 1979.
Report No. 273, Law Commission of India, 2017.
Report No. 247, ‘the Bharatiya Nagarik Suraksha Sanhita’, Standing Committee on Home
Affairs, November 10, 2023.
‘Guidelines regarding Arrest’, National Human Rights Commission.
Press Information Bureau, Press Release from the Ministry of Home Affairs, Dated-20-10-2023.
Available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1988913
http://www.scconline.com/DocumentLink/4ZL1J8Y1
Criminal Manual, First Edition 2024, Eastern Book Company.

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