The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is an Act of Parliament that serves as the main legislation on the procedure for the administration of substantive criminal law in India. It was introduced to replace the colonial-era Code of Criminal Procedure (CrPC), 1973, with the aim of modernizing the criminal justice system, ensuring speedy justice, and integrating technology. The BNSS was passed by Parliament in December 2023 and is set to come into force on July 1, 2024.
The Sanhita governs the procedural aspects of arrest, investigation, prosecution, and bail. A key mechanism introduced is the mandatory forensic investigation for all offences punishable with imprisonment of seven years or more, requiring forensic experts to visit crime scenes to collect evidence. It mandates the use of technology, allowing all trials, inquiries, and proceedings to be held in electronic mode, and permits the production of electronic communication devices for digital evidence. The BNSS also introduces the provision for trial in absentia for proclaimed offenders who have absconded to evade trial.
The BNSS is one of three new criminal laws, alongside the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaces the Indian Penal Code, 1860) and the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaces the Indian Evidence Act, 1872). While retaining most of the CrPC's structure, the BNSS introduces significant changes, such as altering the procedure for police custody under Section 187(2), which allows the maximum 15 days of police custody to be authorized in parts at any time during the initial 40 or 60 days of the judicial custody period. Furthermore, the provision for mandatory bail for undertrials who have served half the maximum sentence is limited, as it will not apply to persons facing proceedings in more than one offence or those punishable by life imprisonment.