CrPC vs BNSS: Understanding the Shift in India’s Criminal Procedure Framework
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India’s criminal justice system is undergoing one of its most significant transformations since Independence. With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the long-standing Code of Criminal Procedure (CrPC), 1973 has been repealed and replaced. This change is not merely legislative—it reflects a deeper shift in philosophy, priorities, and practice
What Was the CrPC?
The Code of Criminal Procedure, 1973 governed the procedural aspects of criminal law in India for over five decades. It laid down rules for:
- Registration and investigation of offences
- Arrest, bail, and custody
- Conduct of trials
- Powers of police, courts, and magistrates
While the CrPC was amended multiple times, its basic structure remained colonial in character, derived from laws framed under British rule. Over time, it struggled to keep pace with:
- Technological advancements
- Rising crime complexity
- Pendency and delays in courts
- Growing recognition of victim rights
What Is the BNSS?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is the new procedural law for criminal cases in India. It came into force on 1 July 2024, along with:
- Bharatiya Nyaya Sanhita (BNS) – substantive criminal law
- Bharatiya Sakshya Adhiniyam (BSA) – law of evidence
BNSS aims to create a citizen-centric, technology-enabled, and time-bound criminal justice process.
Why Replace the CrPC?
The government cited several reasons for replacing the CrPC:
- Colonial legacy that emphasized state control over citizen rights
- Delays in investigation and trial, leading to justice being denied by delay
- Underutilization of technology in a digital age
- Inadequate role of victims in criminal proceedings
- Lack of accountability in arrests and investigations
BNSS attempts to address these structural shortcomings.
Key Differences Between CrPC and BNSS
(1) Philosophical Shift: State-Centric to Citizen-Centric
- CrPC: Focused primarily on the powers of the State and police
- BNSS: Emphasizes rights of victims, accountability of authorities, and speedy justice
Justice under BNSS is not only about punishing the offender, but also about protecting citizens and restoring trust.
(2) Zero FIR Gets Statutory Recognition
- CrPC: Zero FIR existed only through Supreme Court judgments
- BNSS: Explicit legal recognition
Now, any police station must register an FIR regardless of jurisdiction, strengthening access to justice.
(3) Arrests: From Discretion to Accountability
- CrPC: Broad discretion to arrest
- BNSS:
- Arrest must be necessary and justifie.
- Reasons for arrest must be recorded.
- Notice of appearance preferred for minor offences.
This change aims to curb unnecessary arrests and custodial abuse.
(4) Mandatory Forensic Investigation
- CrPC: Forensics optional
- BNSS: Mandatory forensic investigation for offences punishable with 7 years or more
This marks a shift toward scientific, evidence-based policing, reducing reliance on confessions.
(5) Police Custody Rules Modified
- CrPC: Police custody limited to the first 15 days
- BNSS: Police custody of up to 15 days may be spread across the first 40 or 60 days (depending on offence)
This provides flexibility while maintaining judicial oversight.
(6) Stronger Role for Victims
Under BNSS, victims have the right to:
- Be informed about investigation progress
- Be heard at critical stages
- Seek remedies against delays
Criminal justice is no longer solely a matter between the State and the accused
(7) Trial in Absentia
- CrPC: Not permitted
- BNSS: Allowed for proclaimed offenders
This prevents accused persons from frustrating justice by absconding indefinitely.
(8) Time-Bound Justice
BNSS introduces strict timelines for:
- Investigation
- Filing of charge sheets
- Certain stages of trial
The objective is clear: justice delayed should not become justice denied
(9)Technology as a Core Feature
| Aspect | Crpc | Bnss |
|---|---|---|
| Fir | Physical | E-FIR permitted |
| Statement | Written | Audio-video recording allowed |
| Summons & warrants | Physical service | Electronic service valid |
BNSS formally integrates technology into criminal procedure, reducing delays and manipulation.
What Does This Mean in Practice?
For different stakeholders, BNSS brings different implications:
- Citizens: More transparency, fewer arbitrary arrests
- Victims: Greater participation and recognition
- Police: Higher accountability and reliance on science
- Courts: Better tools to reduce pendency
- Law students & practitioners: A fundamentally new procedural framework to master
Conclusion
The transition from CrPC to BNSS represents not just a change of law, but a change of mindset. BNSS seeks to modernize criminal procedure by combining technology, victim rights, forensic science, and accountability.
Whether BNSS ultimately succeeds will depend on implementation, infrastructure, and training. However, as a legal framework, it marks a decisive step toward a more efficient, transparent, and citizen-focused criminal justice system.
Disclaimer
The information provided in this article is for general informational and educational purposes only. It does not constitute legal advice, legal opinion, or professional guidance of any kind.
While every effort has been made to ensure the accuracy and relevance of the content, laws and their interpretations are subject to change and may vary based on facts and circumstances. Readers are advised to consult a qualified legal professional or refer to the official text of the law before taking any action based on the information contained herein.
The author and publisher shall not be liable for any loss, damage, or consequence arising from reliance on this content. Use of this article does not create a lawyer–client relationship
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