The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is an Act of Parliament that serves as the principal procedural law for criminal justice in India. It was enacted to consolidate and amend the law relating to criminal procedure, replacing the colonial-era Code of Criminal Procedure (CrPC), 1973, which itself traced its roots to the CrPC of 1898. The BNSS was introduced to modernize the system, integrate technology, and shift towards a more victim-centric approach, addressing issues like low conviction rates and delays in trials. The revised bill received the President's assent on December 25, 2023, and came into force on July 1, 2024.
The BNSS works by governing the procedure for arrest, investigation, and trial, expanding the CrPC's 484 sections to 531 sections. Key provisions include mandatory forensic investigation for offenses punishable with imprisonment of seven years or more. It introduces the concept of a Zero FIR under Section 173, allowing citizens to report an offense at any police station regardless of jurisdiction. The Sanhita mandates the use of electronic means, such as e-FIRs, and requires audio-visual recording of searches and seizures. Furthermore, it introduces specific timelines, such as a court pronouncing judgment within 45 days of the trial's conclusion.
The BNSS is one of three new laws that collectively overhaul the criminal justice system, connecting directly to 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 the BNSS retains most of the CrPC's core structure, it makes significant changes, such as allowing police custody for up to 15 days which can be authorized in parts during the initial 60 or 90 days of judicial custody. It also limits the mandatory bail provision for undertrials who have served half the maximum sentence if they face multiple charges or offenses punishable by life imprisonment.