The following is an overview of the Bhartiya Nagrik Suraksha Sanhita 2023 (BNSS) and
compare it with the existing law, the Code of Criminal Procedure, 1973 (Cr.P.C.). Here are
the key points:
1. Introduction to BNSS:
o The BNSS was introduced on August 11, 2023, with the aim of
replacing the Cr.P.C. and modernizing the procedural framework
governing India’s criminal justice system1.
o It seeks to address challenges such as case backlogs, delays, and
outdated terminology.
2. Positive Changes in BNSS:
o Removal of Archaic and Insensitive Terms:
BNSS replaces terms like ‘lunatic person’ or ‘person of
unsound mind’ with more sensitive terms such as ‘having
intellectual disability’ or 'person with mental illness’ 2.
o Victim-Centric Reforms:
BNSS emphasizes the rights and well-being of victims,
ensuring their active participation in proceedings.
Victim-friendly procedures are introduced to enhance their
experience within the criminal justice system.
3. Comparative Analysis:
o Crime Reporting Modes (FIR and Complaint):
BNSS likely streamlines the process of filing FIRs and
complaints, ensuring prompt registration and efficient
investigation.
o Arrest, Custody, and Bail:
BNSS may introduce changes in arrest procedures, custody
duration, and bail provisions.
o Commencement of Proceedings and Trial Procedure:
BNSS aims to expedite trials, reduce delays, and enhance
evidence integrity.
o Use of Electronic Means:
BNSS likely encourages the use of electronic methods for
communication, evidence submission, and court
proceedings.
4. Further Research:
o For a detailed comparative study, consult legal experts or official
BNSS documents.
o Keep in mind that BNSS is yet to be enacted and notified, so
further developments may occur2.
In summary, the BNSS represents a significant shift in criminal procedure law, focusing on
modernization, sensitivity, and victim-centricity.