India’s legal landscape witnessed a historic shift in 2023 with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure (CrPC), 1973. Along with the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam, the BNSS represents a monumental reform in India’s criminal justice system, intended to modernize outdated colonial laws and tailor the process of justice to contemporary Indian realities.
This blog explores the reasons behind the introduction of the Bharatiya Nagarik Suraksha Sanhita, the shortcomings of the CrPC it replaces, and the key changes brought in by BNSS to address the long-pending need for procedural reform in the criminal justice process.
The Colonial Origins of Criminal Procedure in India
The CrPC, 1973, was based heavily on the colonial-era Code of Criminal Procedure, 1898. While it underwent several amendments over time, its core principles and structure were designed during British rule to serve the interests of the colonial administration rather than the Indian citizen. It prioritized state control, lengthy procedures, and central authority, often at the cost of individual rights and speedy justice.
For decades, legal scholars, judges, and law commissions have recommended systemic reforms to address procedural delays, excessive police powers, underuse of technology, and the inefficiencies in investigation, arrest, bail, and trial mechanisms. The need was not just to amend the law—but to replace it with a fresh, India-centric, people-friendly approach to procedural justice.
Why Introduce the Bharatiya Nagarik Suraksha Sanhita?
The introduction of the Bharatiya Nagarik Suraksha Sanhita was driven by several key factors:
1. Modernization of Procedural Law
The criminal procedure system needed a complete overhaul to keep pace with advancements in technology, digital evidence, modern policing techniques, and contemporary human rights principles. The BNSS introduces a more technologically aware system with provisions for:
- Electronic FIRs (e-FIR)
- Video recording of trials
- Electronic delivery of summons
- Time-bound procedures for investigation and judgment
These updates are aimed at eliminating paper-heavy delays and bringing criminal trials closer to 21st-century expectations.
2. Speedy Justice and Time-Bound Trials
One of the most widely criticized features of the old CrPC was the inordinate delay in trials. Cases often took years, sometimes decades, to conclude. The Bharatiya Nagarik Suraksha Sanhita addresses this issue directly by introducing strict timelines:
- Completion of investigation within 90 days, extendable by a magistrate for 90 more
- Trial completion within 2 years in specific categories of offences
- Filing of charge sheet and framing of charges to be done within specified deadlines
By setting these deadlines, the BNSS emphasizes the principle of timely justice is real justice.
3. Citizen-Centric Approach
The BNSS reorients criminal procedure with a stronger focus on the rights of victims and citizens. Key provisions that reflect this shift include:
- Mandatory supply of FIR copy to victim
- Victim’s right to be heard during bail hearings in heinous offences
- Enhanced protection for women, children, and senior citizens
The law moves away from being state-centric to citizen-focused, ensuring procedural fairness to all parties involved.
4. Accountability and Oversight of Law Enforcement
The CrPC was often criticized for giving disproportionate powers to police officers, with limited avenues for accountability. The Bharatiya Nagarik Suraksha Sanhita introduces checks and balances such as:
- Mandatory recording of arrests
- Digital documentation of all investigative procedures
- Stronger judicial oversight on arrest, detention, and custodial procedures
This shift is intended to build transparency, improve policing standards, and reduce custodial abuse.
5. Simplification and Consolidation of Procedures
The BNSS has streamlined complex procedures that earlier existed in overlapping and inconsistent forms under the CrPC. For example:
- Merging of similar provisions for cognizance of offences
- Clear guidelines for search and seizure
- Unified provisions for bail procedures, especially anticipatory bail
Simplification reduces the scope for legal ambiguities and procedural loopholes often exploited by parties to delay justice.
6. Promoting Use of Technology in Criminal Justice
India’s courtrooms and police stations often lag behind in adopting modern technology. The BNSS seeks to change that by:
- Encouraging video trials and video conferencing
- Allowing electronic service of summons and notices
- Admissibility of digital evidence and electronic communications
This transition improves access to justice, particularly in remote areas, and reduces the logistical burden on courts and police.
Major Changes Under BNSS
Here are a few illustrative changes brought by the Bharatiya Nagarik Suraksha Sanhita that highlight its reformative nature:
- Section 35 of BNSS: Arrest must be made only when necessary. A written justification is required for certain non-cognizable offences.
- Section 193: Mandates framing of charges within 60 days of the first hearing.
- Section 173(8): Investigation must be completed within 90 days for all serious offences.
- Section 336: Trials can now be conducted in hybrid or video-conferencing mode when appropriate.
BNSS in the Context of the Broader Criminal Law Reform
The Bharatiya Nagarik Suraksha Sanhita is part of a triad of legislative reforms, alongside:
- Bharatiya Nyaya Sanhita, 2023 (replacing IPC)
- Bharatiya Sakshya Adhiniyam, 2023 (replacing Indian Evidence Act)
Together, they represent a coordinated and comprehensive reform initiative to remove colonial influences from Indian criminal law and institute a modern, accessible, and accountable system.
Criticism and Challenges
While BNSS has been widely welcomed for its intent, it has not been free from criticism:
- Implementation hurdles in digital infrastructure, especially in rural areas
- Concerns about misuse of police powers, even under the new law
- Need for extensive training of police, prosecutors, and judges
These challenges highlight that reform on paper must be matched by reform in practice. The effectiveness of BNSS will depend on institutional commitment and infrastructural readiness.
The Role of Legal Education and Publishers Like LexisNexis
For students, practitioners, and researchers, understanding the BNSS is crucial. Trusted legal publishers like LexisNexis have released updated commentaries and bare acts for the Bharatiya Nagarik Suraksha Sanhita, offering:
- Section-wise commentary
- Comparative analysis with CrPC
- Case law interpretations and legislative intent
The universal guide to CLAT and LLB aspirants must now incorporate these updated laws into their preparation strategy, making resources by LexisNexis more relevant than ever.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita represents a long-awaited evolution in India’s procedural law. By replacing a colonial-era statute with a modern, citizen-friendly, and time-bound code, it seeks to restore public confidence in the criminal justice system. The success of BNSS will depend on how effectively it is implemented across the country, but its intent marks a new chapter in India’s legal history—one that puts citizens first.
If you’re a student, lawyer, or law aspirant, now is the time to study the BNSS in depth. Rely on authoritative sources, stay updated with amendments, and make use of expert resources like LexisNexis to stay ahead.