The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is India's principal law relating to criminal procedure. It replaced the Code of Criminal Procedure, 1973 (CrPC).
The BNSS was enacted on 25 December 2023 and came into force on 1 July 2024. India Code describes it as an Act to consolidate and amend the law relating to criminal procedure.
Why Was the BNSS Introduced?
A criminal justice system requires not only laws defining offences but also a clear procedure for handling criminal cases.
The BNSS provides the procedural framework through which matters may move from information being given to the police through investigation, court proceedings, trial, judgment, appeal and execution of sentences.
The objective is to provide a contemporary statutory framework for criminal procedure and make the process more structured and accessible.
What Does the BNSS Cover?
The BNSS contains provisions relating to:
- Constitution and functioning of criminal courts
- Powers of courts
- Powers of police officers
- Arrest
- Summons and warrants
- Search and seizure
- Investigation
- Information given to police
- Criminal complaints
- Jurisdiction of criminal courts
- Inquiry and trial
- Bail and bonds
- Maintenance of wives, children and parents
- Appeals and revisions
- Judgments
- Execution of sentences
- Disposal of property connected with criminal cases
These subjects are specifically reflected throughout the Sanhita's chapters and provisions.
FIR and Criminal Information
One of the most important areas for ordinary citizens is the process of giving information about a criminal offence to the police.
A person reporting an incident should provide accurate information including:
- What happened
- When it happened
- Where it happened
- Who was involved, if known
- Available evidence
- Names of witnesses, where relevant
- Any immediate threat or danger
The applicable procedure depends upon the nature of the offence and the circumstances.
Arrest and Bail
The BNSS contains provisions relating to arrest and procedures applicable to persons accused of offences.
It also contains a dedicated chapter dealing with bail and bonds.
Citizens should understand that arrest, detention and bail are matters governed by specific legal provisions. Neither an accused person nor the complainant should rely solely on general assumptions about these matters.
How Does BNSS Help Citizens?
Knowledge of criminal procedure helps citizens understand:
- How criminal cases proceed.
- What happens after information is given to police.
- The role of investigation.
- The role of courts and prosecutors.
- The significance of bail.
- How evidence is presented during proceedings.
- How appeals and revisions may operate.
What Should a Citizen Do?
A complainant should preserve the complaint, acknowledgement or other relevant records where available and cooperate with lawful investigation.
A person accused of an offence should not attempt to obstruct an investigation or destroy evidence. Where necessary, the person should seek assistance from a qualified advocate.
Key Awareness Point
BNSS answers the question: “How is a criminal case investigated and processed through the justice system?”
