How is the Bharatiya Nagarik Suraksha Sanhita Different from Criminal Procedure Code?

The Criminal Procedure Code, 1973 that regulated the procedure of arrest, bail, prosecution, trail, and delivery of judgement, now has been replaced by “Bharatiya Nagarik Suraksha Sanhita. On 25th December, 2023, the President of India assented the Bharatiya Nagarik Suraksha Sanhita Bill and resultantly, it became the law. Now, all such procedures of criminal trial, arrest, bail, and all other works of prosecution will be regulated by Bharatiya Nagarik Suraksha Sanhita, 2023.

What does the Criminal Procedure Code Exactly Define?

The Criminal Procedure Code of 1973 is well defined legal system that governs the procedural aspects of criminal trial and also regulates the functioning of criminal justice institutions. The Code has old history; however, what is till date being practiced, was enacted in 1973. Primarily, the Code defines the procedures for the rule of filing FIR, arrest, bail, investigation, making charge sheet, starting trial, producing facts, witnesses, and other evidence, inside the court, and adjudication of criminal offenses. All such rulings ensure fairness, justice, and the protection of individual rights within the criminal justice system.

Furthermore, the CrPC delineates the powers and functions of law enforcement agencies, courts, and other key stakeholders who all are involved in the administration of criminal justice system. Likewise, CrPC plays a crucial and indispensable role in upholding the basic principle of rule of law and safeguarding the rights of both the accused and the victims in the criminal justice system.

What does the Bharatiya Nagarik Suraksha Sanhita (BNSS) Exactly Define?

Primarily, the Bharatiya Nagarik Suraksha Sanhita is thoroughly revised, consolidated, simplified, and modern version of the Criminal Procedure Code that attempted to make criminal proceedings more convenient and approachable. All the revised provisions are drafted in context of modern judicial system and also attempted to remove the painful rules of CrPC that making the investigation and adjudication procedure difficult and lengthy.

For example, BNSS mandates forensic investigation (essential) for offences punishable with seven years of imprisonment or more. For the same, forensic experts need to visit crime scenes to collect forensic evidence and record the process. Furthermore, all trials, inquiries, and proceedings may be held in electronic mode. Secondly, production of electronic communication devices, likely to contain digital evidence, are (now) allowed for investigation, inquiry, or trial. Section 349 of BNSS also mandates that specimen signatures or handwriting, finger impressions and voice samples may be collected for investigation or judicial proceedings.

Differences Between Bharatiya Nagarik Suraksha Sanhita and Criminal Procedure Code

Bharatiya Nagarik Suraksha Sanhita of 2023, which is a thoroughly revised version of Criminal Procedure Code, has many additional and amended provisions that make BNNS distinct from CrPC.

However, the following table briefly but clearly differentiate between the Bharatiya Nagarik Suraksha Sanhita and Criminal Procedure Code −

Basis	Criminal Procedure Code (CrPC)	Bharatiya Nagarik Suraksha Sanhita (BNSS)
Meaning & Simplification	There are certain provisions, which have lengthy and complex explanations. e.g. while defining a “‘Proclaimed offender,” Section 82 (4) states that “in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.”Furthermore, while computing the limitation period, section 468 defines relatively a lengthy calculation.	Under the BNSS, all such provisions are simplified and made it clearer. E.g. Section 84 (4) states that “Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.” On the other hand, under section 516 of BNSS, the principle of computing the limitation period is clarified.
Detention of Under-trials	As per Section 436A, if an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond (in a given condition).	Whereas, the corresponding Section 479 has limited the scope of bail and states that This provision does not apply to offences punishable by death. Besides, this provision will also not apply to: (i) offences punishable by life imprisonment, and (ii) persons against whom proceedings are pending in more than one offence.
Medical Examination	As Section 53 of the Code, the medical examination of the accused in certain cases, including rape cases, is done by a registered medical practitioner on the request of at least a sub-inspector level police officer.	Under Section 51 of the BNSS, such medical examination can be requested by any police officer.
Signatures and Finger Impressions	Section 311A of the Code mandates the power of Magistrate to order person to give specimen signatures or handwriting.	On the other hand, Section 349 of the BNSS has extended this provision by including finger impressions and voice samples.
Timelines for Procedures	Under the Code, there is hardly any timeline for submitting the report, giving the judgement, etc.	The BNSS has clearly defined the timeline at many places. E.g. Section 185 (5) mandates investigating officer to submit the search report to respective Magistrate within 48 hours. Besides, Sections 157, 174, 184(6), 173(8), 194, 230, 232, etc. have set the time limit in their respective fields.

Conclusion

The enactment of Bharatiya Nagarik Suraksha Sanhita, 2023 will definitely change the existing criminal trials and proceedings in positive sense. The BNSS has made various changes to simplify the procedure and make it protective for the people. The most important amendment that has been made regarding the addition of timeline. Now, because of this timeline, justice can be delivered in given period of time.

However, it would not be so simple rather there are various challenges to implement and also there is scope of misuse of the provisions. All such challenges need to be taken care very carefully.

Frequently Asked Questions

Q1. What's the main difference between the Bharatiya Nagarik Suraksha Sanhita and Criminal Penal Code?

Ans. The key difference between BNSS and CrPC are −

• Relatively BNSS is modernize and simplified law; on the other hand, CrPC has comparatively older and complex provisions.

• BNSS attempted to address the contemporary issues and incorporating a more humane approach; which is missing in CrPC.

• BNSS has defined timelines for many provisions; so, now the proceedings will be swift and quicker.

Moreover, BNSS is consolidated, clearer, and simplified, which is easier to handle.

Q2. How does the Bharatiya Nagarik Suraksha Sanhita handle investigations differently?

Ans. Prima facie, the BNSS mandates forensic investigation for serious offences, ensuring stronger evidence. Secondly, the electronic evidence plays a bigger role, as it aids prosecutions in the digital age.

Q3. Does the Bharatiya Nagarik Suraksha Sanhita change procedures for trials?

Ans. By incorporating the electronic trials and inquiries for improving efficiency and accessibility, the BNSS definitely changes the procedures for trials. Besides, witness protection receives greater emphasis for fairer trials and vulnerable support.

Q4. Which system offers more protection for vulnerable groups?

Ans. The BNSS strengthens the burden of proof especially in cases involving women and children, aiming for a more survivor-centric approach and combating biases.