Bharatiya Nagarik Suraksha Sanhita

The BNSS is the new law that replaced the Code of Criminal Procedure (CrPC) 1973. It came into force on 1 July 2024. It applies to the whole of India except Jammu & Kashmir (which has its own separate criminal procedure law).

Section 2 defines all key terms used throughout the BNSS. Important definitions: (i) Cognizable offence — police can arrest without warrant (e.g., murder, robbery). (ii) Non-cognizable offence — police cannot arrest without warrant (e.g., cheating, defamation). (iii) Bailable offence — bail is a right of the accused. (iv) Non-bailable — bail is not a right; court decides. (v) Summons case — less serious offences (up to 2 years). (vi) Warrant case — serious offences (more than 2 years, or death/life imprisonment). (vii) Victim now includes guardians and legal heirs, a key new addition. (viii) Electronic record is explicitly included in the definition of "document."

A police officer can arrest a person without a warrant only in cognizable cases (e.g., murder, rape, robbery). The grounds are: (a) involvement in a cognizable offence; (b) possession of housebreaking tools without excuse; (c) person proclaimed as offender; (d) possession of stolen goods; (e) obstructing police or escaping from custody; (f) suspected army deserter; (g) offence committed abroad but extraditable; (h) released convict breaking rules; (i) requisition from another police officer. For non-cognizable offences, a warrant from a Magistrate is mandatory.

Arrest is made by physically touching the person. If the person submits voluntarily (says "I surrender"), no touching is needed. For women: (i) her oral submission to arrest is presumed; the officer should not touch her unless necessary; (ii) a woman cannot be arrested after sunset and before sunrise except in exceptional circumstances, and only by a female police officer with prior permission of the Magistrate. Police cannot kill a person who is only accused of a non-capital offence while effecting arrest.

A simple but important protection: the police cannot use more force or restraint than what is strictly needed to prevent the arrested person from escaping. Handcuffing unnecessarily, excessive physical force, or cruel treatment violates this provision.

After arrest, the police officer may search the arrested person and seize any articles found (except clothing). A receipt must be given for all seized items. When a woman is searched, it must be done by another woman with regard to decency.

If an arrested person escapes or is rescued while in lawful custody, the officer (or person) from whom they escaped can chase and re-arrest them anywhere in India — without needing a fresh warrant or order.

Every arrested person has the right to meet a lawyer of their choice during interrogation. However, the lawyer does not have to be present throughout the entire interrogation — the right is to meet, not to have the advocate present at all times. This is a strengthened right compared to CrPC and is aligned with Supreme Court directions in D.K. Basu v. State of West Bengal.

Arrest must follow strict procedural safeguards: (i) The arresting officer must wear a visible name badge for identification. (ii) A memorandum of arrest must be prepared, attested by a family member or local respectable person, and countersigned by the arrested person. (iii) The arrested person must be told about their right to inform a relative or friend about their arrest. These are crucial D.K. Basu guidelines now codified into law.

The police officer making the arrest has a legal duty to ensure the health and safety of the arrested person while in custody. This provision makes custodial torture and neglect of health a legal violation, not just a moral failing. Medical examination must be arranged if needed.

This is the FIR (First Information Report) provision. Key points: (i) FIR can be given for any cognizable offence, regardless of where it happened (Zero FIR concept). (ii) FIR can be given orally or in writing. (iii) A copy must be given to the informant free of cost. (iv) If police refuse to register FIR, the informant can write to the Superintendent of Police. (v) NEW: FIR can now be recorded by audio-video electronic means. (vi) For sexual offence victims, an FIR must be recorded at the victim's residence by a female police officer, in the presence of her advocate. (vii) NEW: FIR can be registered on telephone (telephonic FIR). This is a major modernisation over CrPC S.154.

This section introduces firm time limits for completing police investigation — a major new feature of BNSS: (i) Offences punishable up to 3 years — investigation must be completed within 60 days. (ii) Offences punishable 3 to 7 years — 90 days. (iii) Offences punishable with more than 7 years (including life/death) — 1 year. Extensions are allowed by SP or CP for recorded reasons. For offences with 7+ years imprisonment, forensic examination of the crime scene is MANDATORY. The Magistrate must be informed daily of the investigation progress after arrest.

During investigation, a police officer can summon any witness — i.e., require any person who knows facts about the case to appear before them. Protections: (i) Boys under 15 or men over 65, women, and disabled persons cannot be called to the police station — they must be examined at their home. (ii) Witnesses are entitled to attendance allowances under State Government rules.

A court summons must be in writing, in duplicate (two copies), signed by the judge, and sealed. It must be served by a police officer or court officer. NEW in BNSS: A summons can now be served by electronic communication (email, WhatsApp, SMS, etc.). This is a significant modernisation that reduces delays caused by physical service of summons.

If the person cannot be found: (i) Leave the summons with an adult male family member at their residence. (ii) If that also fails, affix it on a conspicuous part of the house. The court then decides if service is complete. For companies: serve the secretary at the registered office. NEW: Electronic summons is deemed served when transmitted to the last known email/electronic address.

In bailable offences, bail is a RIGHT of the accused. The police or court MUST release them on bail when they offer it — there is no discretion. They can also be released on a personal bond (without a surety/guarantor). If someone cannot furnish bail within a week, they may be treated as an indigent person and entitled to bail under Section 479 (undertrial bail provision).

For non-bailable offences, bail is NOT a right — it is a discretion of the court. Bail CANNOT be granted (by a Magistrate) if: (i) there is reasonable ground to believe the person committed an offence punishable with death or life imprisonment; or (ii) the person is a habitual offender (convicted earlier for 7+ year offences). Bail may be granted with conditions like surety, appearance, travel restrictions. Reasons must be recorded in writing.

The High Court and Sessions Court have special powers to grant bail in non-bailable cases. For serious offences (7+ years, or offences against the State, military, or property): mandatory bail conditions apply — must appear for interrogation, must not threaten witnesses, must not leave India. NEW: In organised crime and terrorism cases, courts must specifically assess the likelihood of the accused continuing criminal activity. Courts must also consider the impact on the victim while deciding bail. These new factors were not in CrPC S.439.

When bail is granted: (i) A written undertaking must be signed by the accused and their sureties, confirming they understand the bail conditions. (ii) The conditions must be clearly explained to the person being released. This is a new safeguard to ensure accused persons and their sureties actually understand their obligations under bail — violations lead to cancellation.

A charge can be changed or added to at any time before judgment. When changed: (i) The new charge must be read and explained to the accused. (ii) If the change does not prejudice the accused, the trial continues with the new charge. (iii) If the change would prejudice the accused, the court may order a retrial or adjourn. (iv) If the new offence requires government sanction to prosecute, that sanction must first be obtained.

In a summons case (minor offences with up to 2 years imprisonment), when the accused appears before the Magistrate: (i) The charge is read out; the accused is asked to plead guilty or claim trial. (ii) For very minor offences where fine is up to ₹10,000, the Magistrate can adopt a simplified procedure: state the facts, hear the accused's explanation, and convict if explanation is unsatisfactory. (iii) Plea bargaining is also available as an option.

In a Sessions trial, the Public Prosecutor opens the prosecution case by: (i) Describing the charge against the accused; (ii) Outlining what evidence will be presented to prove guilt. Before the charge is framed, the court can also ask the prosecution to provide any documents it hasn't shared yet — ensuring full disclosure to the defence.

A judgment must: (i) Be written in the court's language. (ii) Contain the issues decided, the decision, and reasons. (iii) Specify the exact offence and section under which the accused is convicted. (iv) State the sentence imposed. (v) If acquittal, state the offence and direct release. The judge must sign and date the judgment in open court. NEW: The judge can now deliver the judgment by pronouncing only the operative part (the order), without reading out the entire judgment aloud — a practical modernisation.

When a person is sentenced to imprisonment, they must be given a free copy of the judgment immediately. In death penalty cases, the copy must be given immediately without the accused even asking for it. For electronic judgments, a certified electronic copy is equivalent to a physical copy — another digital modernisation.

State governments must maintain a victim compensation fund. Courts can recommend compensation for victims. The DLSA or SLSA will determine the actual amount and must complete enquiry within 2 months. Key new feature: courts can recommend compensation for victims EVEN BEFORE the trial is concluded — providing immediate financial relief. Victim compensation is in addition to any other legal remedies (like civil suit for damages).

This is one of the most important new provisions of the BNSS — the "half-sentence bail" rule. If an undertrial prisoner has spent half the maximum possible imprisonment period in jail while awaiting trial, they must be released on bail. For FIRST-TIME offenders with no prior convictions, the threshold is even lower — just 1/3 of the maximum sentence. Exceptions: death penalty cases; previously convicted persons (10+ year offences). This addresses the massive problem of overcrowding in Indian jails with undertrial prisoners. The time spent in detention before conviction is also set off against the final sentence.

State governments must create a Witness Protection Scheme. The scheme must cover: (i) Safety of witnesses and their families; (ii) Relocation of witnesses; (iii) Change of identity; (iv) Physical protection and security. Courts can still pass additional orders for witness protection as they see fit. This is a landmark provision — witness turning hostile due to threats has been a long-standing problem in Indian criminal justice. This gives legal backing to the Witness Protection Scheme, 2018 already approved by the Supreme Court.

The BNSS repeals and replaces the CrPC 1973 from 1 July 2024. Important savings clauses: (i) All actions, orders, notifications under the old CrPC remain valid. (ii) Cases where trial (examination of witnesses) has ALREADY STARTED continue under the old CrPC — they do not shift to BNSS. (iii) Pending appeals and revisions under CrPC continue under CrPC. (iv) Existing sentences remain valid. In practice, this means dual systems operate for several years — new cases filed after 1 July 2024 follow BNSS; old cases continue under CrPC.