Bharatiya Nagarik Suraksha Sanhita
Unit 1

Comparison with CrPC 1973

The chapter in briefBharatiya Nagarik Suraksha Sanhita
Summary
The BNSS, 2023 retains the structural skeleton of the CrPC, 1973 but reorganizes it into 39 chapters (CrPC had 37) and introduces significant changes in timelines, technology, victim rights, and forensic mandates.

The BNSS, 2023 retains the structural skeleton of the CrPC, 1973 but reorganizes it into 39 chapters (CrPC had 37) and introduces significant changes in timelines, technology, victim rights, and forensic mandates. S.531 BNSS repeals the CrPC, and S.531(2)(a) keeps proceedings pending on 1 July 2024 under the CrPC.

Provision Subject
S.3 BNSS Construction of references to Magistrates
S.531(1) BNSS Repeal of CrPC
S.531(2) BNSS Savings: pending matters continue under CrPC

Why: A comprehensive comparison is necessary because the BNSS does not merely rename sections. It reorganizes, merges, splits, and adds new provisions. Lawyers and courts must map CrPC provisions to BNSS equivalents for transitional cases.

Structural Comparison

Parameter CrPC, 1973 BNSS, 2023
Sections 484 531
Chapters 37 39
Schedules 2 2
New sections added N/A 9 entirely new
New sub-sections N/A 39 new
Proviso additions N/A 44 new provisos
Sections deleted/merged N/A 14 repealed without replacement

Key Changes by Category

Technology and Digitization

Feature CrPC BNSS
FIR registration Physical, at jurisdictional station S.173 BNSS: e-FIR, Zero FIR at any station
Service of summons Physical delivery S.64 BNSS: electronic means (email, SMS, etc.)
Evidence recording In-person only S.530 BNSS: video conferencing permitted
Charge sheet Physical document S.193 BNSS: electronic filing permitted
Search and seizure Manual documentation S.185 BNSS: videography mandatory

Timelines Introduced

Stage CrPC BNSS
Framing of charge No timeline S.251 BNSS: within 60 days of first hearing
Judgment after arguments (Sessions trial) No timeline S.258(1) BNSS: within 30 days of arguments, extendable to 45 days for recorded reasons
Pronouncing judgment (any trial court) No outer limit S.392(1) BNSS: not later than 45 days after the trial ends
Filing mercy petition No timeline S.472(1) BNSS: within 30 days of the jail Superintendent informing the convict; S.472(2): to the President within 60 days of the Governor's rejection
Adjournment limit No numerical cap S.346(2) BNSS, fourth proviso: where circumstances are beyond a party's control, not more than 2 adjournments, after hearing the other side

Victim Rights

Feature CrPC BNSS
Information to victim Not mandatory S.193(3)(ii) BNSS: police must inform the informant or victim of the progress of investigation within 90 days
Right to file appeal Limited S.413 BNSS: victim can appeal acquittal
Witness protection No statutory scheme S.398 BNSS: every State Government must prepare and notify a Witness Protection Scheme

Forensic and Investigation

Feature CrPC BNSS
Forensic visit Discretionary S.176 BNSS: mandatory for offences with 7+ years punishment
Electronic evidence S.65B Indian Evidence Act Integrated within BNSS framework
Specimen samples S.311A CrPC: signatures or handwriting, only from a person once arrested S.349 BNSS: adds finger impressions and voice samples; second proviso lets the Magistrate order samples from a person not arrested

Section Number Mapping (Key Provisions)

Subject CrPC Section BNSS Section
Definitions S.2 S.2
FIR S.154 S.173
Arrest S.41 S.35
Rights on arrest S.50 S.47
Bail S.436-439 S.478-483
Charge S.211-224 S.234-247
Session trial S.225-237 S.248-260
Judgment S.353-365 S.392-406
Appeals S.372-394 S.413-435
Inherent powers S.482 S.528
Maintenance S.125 S.144

Recall Check

  1. How many new sections does the BNSS introduce that had no CrPC equivalent?
  2. What is the BNSS equivalent of S.482 CrPC (inherent powers)?
  3. Name three mandatory timelines introduced by BNSS that were absent in CrPC.

Distinctions

Aspect CrPC Approach BNSS Approach
Philosophy Colonial procedural code Citizen-centric safety code
Language English-origin terminology Indianized terminology (Sanhita, Suraksha)
Technology Analog-first Digital-first with physical fallback
Timelines Judicial direction-based Statutory mandate
Forensics Optional Mandatory for serious offences
Victim role Peripheral Central (information rights, appeal rights)

Flashcards

Which section of BNSS repeals the CrPC and saves pending proceedings?

S.531 BNSS.

What is the BNSS equivalent of S.154 CrPC (FIR)?

S.173 BNSS.

What is the BNSS equivalent of S.41 CrPC (arrest)?

S.35 BNSS.

What is the BNSS equivalent of S.125 CrPC (maintenance)?

S.144 BNSS.

How many sections does the BNSS have compared to CrPC?

BNSS has 531 sections; CrPC had 484 sections.

Under S.346 BNSS, how many adjournments can a party get when circumstances are beyond its control?

Not more than 2, after hearing the other party, with reasons recorded in writing.

What does S.349 BNSS expand compared to S.311A CrPC?

Adds finger impressions and voice samples to signatures and handwriting, and allows an order against a person not arrested.

Exam Scenario

A trial court in 2025 encounters a reference to S.482 CrPC in a bail application filed before 1 July 2024 but pending after that date. The applicant argues the court lacks inherent power since CrPC is repealed. Advise.

S.531(2)(a) BNSS provides that any application pending immediately before BNSS came into force shall be disposed of under the CrPC as if BNSS had not come into force. The application was filed before 1 July 2024, so it continues under the CrPC and the court retains its inherent power under S.482 CrPC (now S.528 BNSS for fresh matters). The applicant's argument fails.

Cite this

Citation

LawStories, “Comparison with CrPC 1973”, Bharatiya Nagarik Suraksha Sanhita notes, https://lawstories.in/subjects/criminal-procedure/notes/comparison-with-crpc-1973

Educational study notes, not legal advice. Cite primary sources in professional or academic work.