The Bharatiya Nagarik Suraksha Sanhita: A Comprehensive Overview

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The Bharatiya Nagarik Suraksha Sanhita that has been finally assented by the President of India on 25th of December, 2023, has become a new criminal (procedural) law by replacing the existing Criminal Procedure Code of 1973. It is thoroughly revised and consolidated with the objective to resolve the issues and concerns raised because of the lengthy and complex features of existing Criminal Procedural Code and change in societal practices and technological advancement.

What does the Bharatiya Nagarik Suraksha Sanhita Exactly Define?

The Bharatiya Nagarik Suraksha Sanhita (or simply BNSS) is now the main procedural law for the administration of substantive criminal law i.e. Bharatiya Nyaya Sanhita. The Parliament has thoroughly revised and consolidated the existing criminal procedural law. As the name given “Nagarik Suraksha Sanhita,” it focuses more on the protection of people. On the other hand, it also gives certain power to police by expanding the grounds for arrest and allows for arrest without a warrant in a wider range of cases.

The Timeline of Legislation of Bharatiya Nagarik Suraksha Sanhita (BNSS)

The timeline of legislation of BNSS can be understood as −

Key Features of Bharatiya Nagarik Suraksha Sanhita (BNSS)

Following are the key features of Bharatiya Nagarik Suraksha Sanhita −

Consolidation and Simplification − The BNSS removed all the outdated provisions and revised and simplified the existing provisions and likewise consolidated the laws.
Enhancing Investigative Processes − The BNSS gives police more decision making power while investigating the case. Besides, the BNSS also enhanced the scope of detention and limited the feasibility of bail especially in cognizable offences.
Mandatory Forensic Investigation − For the offences punishable with seven years or more of imprisonment., the BNSS mandates forensic investigation, ensuring greater accuracy and evidence-based prosecutions.
Electronic Evidence Integration − Considering the advancement of technology and subsequently dependency on digital technology, the BNSS allows production of electronic communication devices for investigation, inquiry, and trial. Likewise, it facilitates prosecution of tech-related crimes.
Modernizing Trial Procedures − The BNSS incorporated the electronic modes of inquiries, proceedings, and trials to improve the efficiency and accessibility.
Witness Protection − The BNSS also focuses on the protection of witness with the objective to have better cooperation.
Expanded Sexual Assault Scope − The BNSS further broadens the scope of offences especially related to sexual assault and provides greater protection to vulnerable groups.
Improving the Efficiency of the Criminal Justice System − The BNSS strives to improve the efficiency of the criminal justice system by streamlining procedures and reducing the delays.
Timelines for Procedures − The BNSS prescribes a defined timeline for various procedures. For example, it requires that the medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days.
Some Other Specified Timelines are −

giving judgement within 30 days of completion of arguments (extendable up to 60 days),
informing the victim of progress of investigation within 90 days, and
framing of charges by a sessions court within 60 days from the first hearing on such charges, etc.

Structure of the Bharatiya Nagarik Suraksha Sanhita, 2023

The BNSS consists of 531 Sections spread over 38 Chapters. Besides, there are two Schedules.

The given table briefly highlights all the sections along with their chapters and parts −

Chapter/Section	Content
Chapter I	Preliminary
Section 1	Short title, extent and commencement.
Section 2	Definitions.
Section 3	Construction of references.
Section 4	Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
Section 5	Saving
Chapter II	Constitution of Criminal Courts and Offices
Section 6	Classes of Criminal Courts.
Section 7	Territorial divisions.
Section 8	Court of Session.
Section 9	Courts of Judicial Magistrates.
Section 10	Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
Section 11	Special Judicial Magistrates.
Section 12	Local Jurisdiction of Judicial Magistrates.
Section 13	Subordination of Judicial Magistrates.
Section 14	Executive Magistrates.
Section 15	Special Executive Magistrates.
Section 16	Local Jurisdiction of Executive Magistrates.
Section 17	Subordination of Executive Magistrates.
Section 18	Public Prosecutors.
Section 19	Assistant Public Prosecutors.
Section 20	Directorate of Prosecution.
Chapter III	Power Of Courts
Section 21	Courts by which offences are triable.
Section 22	Sentences which High Courts and Sessions Judges may pass.
Section 23	Sentences which Magistrates may pass.
Section 24	Sentence of imprisonment in default of fine.
Section 25	Sentence in cases of conviction of several offences at one trial.
Section 26	Mode of conferring powers.
Section 27	Powers of officers appointed.
Section 28	Withdrawal of powers.
Section 29	Powers of Judges and Magistrates exercisable by their successors-in-office.
Chapter IV	Powers of Superior Officers of Police and Aid to the Magistrates and the Police
Section 30	Powers of superior officers of police.
Section 31	Public when to assist Magistrates and police.
Section 32	Aid to person, other than police officer, executing warrant.
Section 33	Public to give information of certain offences.
Section 34	Duty of officers employed in connection with affairs of a village to make certain report.
Chapter V	Arrest of Persons
Section 35	When police may arrest without warrant.
Section 36	Procedure of arrest and duties of officer making arrest.
Section 37	Designated police officer.
Section 38	Right of arrested person to meet an advocate of his choice during interrogation.
Section 39	Arrest on refusal to give name and residence.
Section 40	Arrest by private person and procedure on such arrest.
Section 41	Arrest by Magistrate.
Section 42	Protection of members of Armed Forces from arrest.
Section 43	Arrest how made.
Section 44	Search of place entered by person sought to be arrested.
Section 45	Pursuit of offenders into other jurisdictions.
Section 46	No unnecessary restraint.
Section 47	Person arrested to be informed of grounds of arrest and of right to bail
Section 48	Obligation of person making arrest to inform about arrest, etc., to relative or friend.
Section 49	Search of arrested person.
Section 50	Power to seize offensive weapons.
Section 51	Examination of accused by medical practitioner at request of police officer.
Section 52	Examination of person accused of rape by medical practitioner.
Section 53	Examination of arrested person by medical officer.
Section 54	Identification of person arrested.
Section 55	Procedure when police officer deputes subordinate to arrest without warrant.
Section 56	Health and safety of arrested person.
Section 57	Person arrested to be taken before Magistrate or officer in charge of police station.
Section 58	Person arrested not to be detained more than twenty-four hours.
Section 59	Police to report apprehensions.
Section 60	Discharge of person apprehended.
Section 61	Power, on escape, to pursue and retake.
Section 62	Arrest to be made strictly according to Sanhita.
Chapter VI	Processes to Compel Appearance
	A.—Summons
Section 63	Form of summons.
Section 64	Summons how served.
Section 65	Service of summons on corporate bodies, firms and societies.
Section 66	Service when persons summoned cannot be found.
Section 67	Procedure when service cannot be effected as before provided.
Section 68	Service on Government servant.
Section 69	Service of summons outside local limits.
Section 70	Proof of service in such cases and when serving officer not present.
Section 71	Service of summons on witness.
	B.—Warrant of Arrest
Section 72	Form of warrant of arrest and duration.
Section 73	Power to direct security to be taken.
Section 74	Warrants to whom directed.
Section 75	Warrant may be directed to any person.
Section 76	Warrant directed to police officer.
Section 77	Notification of substance of warrant.
Section 78	Person arrested to be brought before Court without delay.
Section 79	Where warrant may be executed.
Section 80	Warrant forwarded for execution outside jurisdiction.
Section 81	Warrant directed to police officer for execution outside jurisdiction.
Section 82	Procedure on arrest of person against whom warrant issued.
Section 83	Procedure by Magistrate before whom such person arrested is brought.
	C.—Proclamation and attachment
Section 84	Proclamation for person absconding.
Section 85	Attachment of property of person absconding.
Section 86	Identification and attachment of property of proclaimed person.
Section 87	Claims and objections to attachment.
Section 88	Release, sale and restoration of attached property.
Section 89	Appeal from order rejecting application for restoration of attached property
	D.—Other rules regarding processes
Section 90	Issue of warrant in lieu of, or in addition to, summons.
Section 91	Power to take bond or bail bond for appearance.
Section 92	Arrest on breach of bond or bail bond for appearance.
Section 93	Provisions of this Chapter generally applicable to summons and warrants of arrest.
Chapter VII	Processes to Compel the Production of Things
	A.—Summons to produce
Section 94	Summons to produce document or other thing.
Section 95	Procedure as to letters.
	B.—Search-warrants
Section 96	When search-warrant may be issued.
Section 97	Search of place suspected to contain stolen property, forged documents, etc.
Section 98	Power to declare certain publications forfeited and to issue search-warrants for same.
Section 99	Application to High Court to set aside declaration of forfeiture.
Section 100	Search for persons wrongfully confined.
Section 101	Power to compel restoration of abducted females.
	C.—General provisions relating to searches
Section 102	Direction, etc., of search-warrants.
Section 103	Persons in charge of closed place to allow search.
Section 104	Disposal of things found in search beyond jurisdiction.
	D.—Miscellaneous
Section 105	Recording of search and seizure through audio-video electronic means.
Section 106	Power of police officer to seize certain property.
Section 107	Attachment, forfeiture or restoration of property.
Section 108	Magistrate may direct search in his presence.
Section 109	Power to impound document, etc., produced.
Section 110	Reciprocal arrangements regarding processes.
Chapter VIII	Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property
Section 111	Definitions.
Section 112	Letter of request to competent authority for investigation in a country or place outside India.
Section 113	Letter of request from a country or place outside India to a Court or an authority for investigation in India.
Section 114	Assistance in securing transfer of persons.
Section 115	Assistance in relation to orders of attachment or forfeiture of property.
Section 116	Identifying unlawfully acquired property.
Section 117	Seizure or attachment of property.
Section 118	Management of properties seized or forfeited under this Chapter.
Section 119	Notice of forfeiture of property.
Section 120	Forfeiture of property in certain cases.
Section 121	Fine in lieu of forfeiture.
Section 122	Certain transfers to be null and void.
Section 123	Procedure in respect of letter of request.
Section 124	Application of this Chapter
Chapter IX	Security for Keeping the Peace and for Good Behaviour
Section 125	Security for keeping peace on conviction.
Section 126	Security for keeping peace in other cases.
Section 127	Security for good behaviour from persons disseminating certain matters.
Section 128	Security for good behaviour from suspected persons.
Section 129	Security for good behaviour from habitual offenders.
Section 130	Order to be made.
Section 131	Procedure in respect of person present in Court.
Section 132	Summons or warrant in case of person not so present.
Section 133	Copy of order to accompany summons or warrant.
Section 134	Power to dispense with personal attendance.
Section 135	Inquiry as to truth of information.
Section 136	Order to give security.
Section 137	Discharge of person informed against.
Section 138	Commencement of period for which security is required.
Section 139	Contents of bond.
Section 140	Power to reject sureties.
Section 141	Imprisonment in default of security.
Section 142	Power to release persons imprisoned for failing to give security.
Section 143	Security for unexpired period of bond.
Chapter X	Order for Maintenance of Wives, Children and Parents
Section 144	Order for maintenance of wives, children and parents.
Section 145	Procedure.
Section 146	Alteration in allowance.
Section 147	Enforcement of order of maintenance.
Chapter XI	Maintenance of Public Order and Tranquility
	A.—Unlawful assemblies
Section 148	Dispersal of assembly by use of civil force.
Section 149	Use of armed forces to disperse assembly.
Section 150	Power of certain armed force officers to disperse assembly.
Section 151	Protection against prosecution for acts done under sections 148, 149 and 150.
	B.—Public nuisances
Section 152	Conditional order for removal of nuisance.
Section 153	Service or notification of order.
Section 154	Person to whom order is addressed to obey or show cause.
Section 155	Penalty for failure to comply with section 154.
Section 156	Procedure where existence of public right is denied.
Section 157	Procedure where person against whom order is made under section 152 appears to show cause.
Section 158	Power of Magistrate to direct local investigation and examination of an expert.
Section 159	Power of Magistrate to furnish written instructions, etc.
Section 160	Procedure on order being made absolute and consequences of disobedience.
Section 161	Injunction pending inquiry.
Section 162	Magistrate may prohibit repetition or continuance of public nuisance.
	C.—Urgent cases of nuisance or apprehended danger
Section 163	Power to issue order in urgent cases of nuisance or apprehended danger.
	D.—Disputes as to immovable property
Section 164	Procedure where dispute concerning land or water is likely to cause breach of peace.
Section 165	Power to attach subject of dispute and to appoint receiver.
Section 166	Dispute concerning right of use of land or water.
Section 167	Local inquiry
Chapter XII	Preventive Action of the Police
Section 168	Police to prevent cognizable offences.
Section 169	Information of design to commit cognizable offences.
Section 170	Arrest to prevent commission of cognizable offences.
Section 171	Prevention of injury to public property.
Section 172	Persons bound to conform to lawful directions of police.
Chapter XIII	Information to The Police and Their Powers to Investigate
Section 173	Information in cognizable cases.
Section 174	Information as to non-cognizable cases and investigation of such cases.
Section 175	Police officer's power to investigate cognizable case.
Section 176	Procedure for investigation.
Section 177	Report how submitted.
Section 178	Power to hold investigation or preliminary inquiry.
Section 179	Police officer's power to require attendance of witnesses.
Section 180	Examination of witnesses by police.
Section 181	Statements to police and use thereof.
Section 182	No inducement to be offered.
Section 183	Recording of confessions and statements.
Section 184	Medical examination of victim of rape.
Section 185	Search by police officer.
Section 186	When officer in charge of police station may require another to issue search-warrant.
Section 187	Procedure when investigation cannot be completed in twenty-four hours.
Section 188	Report of investigation by subordinate police officer.
Section 189	Release of accused when evidence deficient.
Section 190	Cases to be sent to Magistrate, when evidence is sufficient.
Section 191	Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.
Section 192	Diary of proceedings in investigation.
Section 193	Report of police officer on completion of investigation.
Section 194	Police to enquire and report on suicide, etc.
Section 195	Power to summon persons.
Section 196	Inquiry by Magistrate into cause of death.
Chapter XIV	Jurisdiction of the Criminal Courts in Inquiries and Trials
Section 197	Ordinary place of inquiry and trial.
Section 198	Place of inquiry or trial.
Section 199	Offence triable where act is done or consequence ensues.
Section 200	Place of trial where act is an offence by reason of relation to other offence.
Section 201	Place of trial in case of certain offences.
Section 202	Offences committed by means of electronic communications, letters, etc.
Section 203	Offence committed on journey or voyage.
Section 204	Place of trial for offences triable together.
Section 205	Power to order cases to be tried in different sessions divisions.
Section 206	High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Section 207	Power to issue summons or warrant for offence committed beyond local jurisdiction.
Section 208	Offence committed outside India.
Section 209	Receipt of evidence relating to offences committed outside India.
Chapter XV	Conditions Requisite for Initiation of Proceedings
Section 210	Cognizance of offences by Magistrate.
Section 211	Transfer on application of accused.
Section 212	Making over of cases to Magistrates.
Section 213	Cognizance of offences by Court of Session.
Section 214	Additional Sessions Judges to try cases made over to them.
Section 215	Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
Section 216	Procedure for witnesses in case of threatening, etc.
Section 217	Prosecution for offences against State and for criminal conspiracy to commit such offence.
Section 218	Prosecution of Judges and public servants.
Section 219	Prosecution for offences against marriage.
Section 220	Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
Section 221	Cognizance of offence.
Section 222	Prosecution for defamation
Chapter XVI	Complaints to Magistrates
Section 223	Examination of complainant.
Section 224	Procedure by Magistrate not competent to take cognizance of case.
Section 225	Postponement of issue of process.
Section 226	Dismissal of complaint.
Chapter XVII	Commencement of Proceedings Before Magistrates
Section 227	Issue of process.
Section 228	Magistrate may dispense with personal attendance of accused.
Section 229	Special summons in cases of petty offence.
Section 230	Supply to accused of copy of police report and other documents.
Section 231	Supply of copies of statements and documents to accused in other cases triable by Court of Session.
Section 232	Commitment of case to Court of Session when offence is triable exclusively by it.
Section 233	Procedure to be followed when there is a complaint case and police investigation in respect of same offence.
Chapter XVIII	The Charge
	A.—Form of charges
Section 234	Contents of charge.
Section 235	Particulars as to time, place and person.
Section 236	When manner of committing offence must be stated.
Section 237	Words in charge taken in sense of law under which offence is punishable.
Section 238	Effect of errors.
Section 239	Court may alter charge.
Section 240	Recall of witnesses when charge altered.
	B.—Joinder of charges
Section 241	Separate charges for distinct offences.
Section 242	Offences of same kind within year may be charged together.
Section 243	Trial for more than one offence.
Section 244	Where it is doubtful what offence has been committed.
Section 245	When offence proved included in offence charged.
Section 246	What persons may be charged jointly.
Section 247	Withdrawal of remaining charges on conviction on one of several charges.
Chapter XIX	Trial Before a Court of Session
Section 248	Trial to be conducted by Public Prosecutor.
Section 249	Opening case for prosecution.
Section 250	Discharge.
Section 251	Framing of charge.
Section 252	Conviction on plea of guilty.
Section 253	Date for prosecution evidence.
Section 254	Evidence for prosecution.
Section 255	Acquittal.
Section 256	Entering upon defence.
Section 257	Arguments.
Section 258	Judgment of acquittal or conviction.
Section 259	Previous conviction.
Section 260	Procedure in cases instituted under sub-section (2) of section 222.
Chapter XX	Trial of Warrant-Cases by Magistrates
	A.—Cases instituted on a police report
Section 261	Compliance with section 230.
Section 262	When accused shall be discharged.
Section 263	Framing of charge.
Section 264	Conviction on plea of guilty.
Section 265	Evidence for prosecution.
Section 266	Evidence for defence.
	B.—Cases instituted otherwise than on police report
Section 267	Evidence for prosecution.
Section 268	When accused shall be discharged.
Section 269	Procedure where accused is not discharged.
Section 270	Evidence for defence.
	C.—Conclusion of trial
Section 271	Acquittal or conviction.
Section 272	Absence of complainant.
Section 273	Compensation for accusation without reasonable cause
Chapter XXI	Trial of Summons-Cases by Magistrates
Section 274	Substance of accusation to be stated.
Section 275	Conviction on plea of guilty.
Section 276	Conviction on plea of guilty in absence of accused in petty cases.
Section 277	Procedure when not convicted.
Section 278	Acquittal or conviction.
Section 279	Non-appearance or death of complainant.
Section 280	Withdrawal of complaint.
Section 281	Power to stop proceedings in certain cases.
Section 282	Power of Court to convert summons-cases into warrant-cases.
Chapter XXII	Summary Trials
Section 283	Power to try summarily.
Section 284	Summary trial by Magistrate of second class.
Section 285	Procedure for summary trials.
Section 286	Record in summary trials.
Section 287	Judgment in cases tried summarily.
Section 288	Language of record and judgment.
Chapter XXIII	Plea Bargaining
Section 289	Application of Chapter.
Section 290	Application for plea bargaining.
Section 291	Guidelines for mutually satisfactory disposition.
Section 292	Report of mutually satisfactory disposition to be submitted before Court.
Section 293	Disposal of case.
Section 294	Judgment of Court.
Section 295	Finality of judgment.
Section 296	Power of Court in plea bargaining.
Section 297	Period of detention undergone by accused to be set off against sentence of imprisonment.
Section 298	Savings.
Section 299	Statements of accused not to be used.
Section 300	Non-application of Chapter
Chapter XXIV	Attendance of Persons Confined or Detained in Prisons
Section 301	Definitions
Section 302	Power to require attendance of prisoners.
Section 303	Power of State Government or Central Government to exclude certain persons from operation of section 302.
Section 304	Officer in charge of prison to abstain from carrying out order in certain contingencies.
Section 305	Prisoner to be brought to Court in custody.
Section 306	Power to issue commission for examination of witness in prison.
Chapter XXV	Evidence in Inquiries and Trials
	A.—Mode of taking and recording evidence
Section 307	Language of Courts.
Section 308	Evidence to be taken in presence of accused.
Section 309	Record in summons-cases and inquiries.
Section 310	Record in warrant-cases.
Section 311	Record in trial before Court of Session.
Section 312	Language of record of evidence.
Section 313	Procedure in regard to such evidence when completed.
Section 314	Interpretation of evidence to accused or his advocate.
Section 315	Remarks respecting demeanour of witness.
Section 316	Record of examination of accused.
Section 317	Interpreter to be bound to interpret truthfully.
Section 318	Record in High Court.
	B.—Commissions for the examination of witnesses
Section 319	When attendance of witness may be dispensed with and commission issued.
Section 320	Commission to whom to be issued.
Section 321	Execution of commissions.
Section 322	Parties may examine witnesses.
Section 323	Return of commission.
Section 324	Adjournment of proceeding.
Section 325	Execution of foreign commissions.
Section 326	Deposition of medical witness.
Section 327	Identification report of Magistrate.
Section 328	Evidence of officers of Mint.
Section 329	Reports of certain Government scientific experts.
Section 330	No formal proof of certain documents.
Section 331	Affidavit in proof of conduct of public servants.
Section 332	Evidence of formal character on affidavit.
Section 333	Authorities before whom affidavits may be sworn.
Section 334	Previous conviction or acquittal how proved.
Section 335	Record of evidence in absence of accused.
Section 336	Evidence of public servants, experts, police officers in certain cases.
Chapter XXVI	General Provisions as to Inquiries and Trials
Section 337	Person once convicted or acquitted not to be tried for same offence.
Section 338	Appearance by Public Prosecutors.
Section 339	Permission to conduct prosecution.
Section 340	Right of person against whom proceedings are instituted to be defended.
Section 341	Legal aid to accused at State expense in certain cases.
Section 342	Procedure when corporation or registered society is an accused.
Section 343	Tender of pardon to accomplice.
Section 344	Power to direct tender of pardon.
Section 345	Trial of person not complying with conditions of pardon.
Section 346	Power to postpone or adjourn proceedings.
Section 347	Local inspection.
Section 348	Power to summon material witness, or examine person present.
Section 349	Power of Magistrate to order person to give specimen signatures or handwriting, etc.
Section 350	Expenses of complainants and witnesses.
Section 351	Power to examine accused.
Section 352	Oral arguments and memorandum of arguments.
Section 353	Accused person to be competent witness.
Section 354	No influence to be used to induce disclosure.
Section 355	Provision for inquiries and trial being held in absence of accused in certain cases.
Section 356	Inquiry, trial or judgment in absentia of proclaimed offender.
Section 357	Procedure where accused does not understand proceedings.
Section 358	Power to proceed against other persons appearing to be guilty of offence.
Section 359	Compounding of offences.
Section 360	Withdrawal from prosecution.
Section 361	Procedure in cases which Magistrate cannot dispose of.
Section 362	Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.
Section 363	Trial of persons previously convicted of offences against coinage, stamp-law or property.
Section 364	Procedure when Magistrate cannot pass sentence sufficiently severe.
Section 365	Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
Section 366	Court to be open.
Chapter XXVII	Provisions as to Accused Persons of Unsound Mind
Section 367	Procedure in case of accused being person of unsound mind.
Section 368	Procedure in case of person of unsound mind tried before Court.
Section 369	Release of person of unsound mind pending investigation or trial.
Section 370	Resumption of inquiry or trial.
Section 371	Procedure on accused appearing before Magistrate or Court.
Section 372	When accused appears to have been of sound mind.
Section 373	Judgment of acquittal on ground of unsoundness of mind.
Section 374	Person acquitted on ground of unsoundness of mind to be detained in safe custody.
Section 375	Power of State Government to empower officer in charge to discharge.
Section 376	Procedure where prisoner of unsound mind is reported capable of making his defence.
Section 377	Procedure where person of unsound mind detained is declared fit to be released.
Section 378	Delivery of person of unsound mind to care of relative or friend.
Chapter XXVIII	Provisions as to Offences Affecting the Administration of Justice
Section 379	Procedure in cases mentioned in section 215.
Section 380	Appeal.
Section 381	Power to order costs.
Section 382	Procedure of Magistrate taking cognizance.
Section 383	Summary procedure for trial for giving false evidence.
Section 384	Procedure in certain cases of contempt.
Section 385	Procedure where Court considers that case should not be dealt with under section 384.
Section 386	When Registrar or Sub-Registrar to be deemed a Civil Court.
Section 387	Discharge of offender on submission of apology.
Section 388	Imprisonment or committal of person refusing to answer or produce document.
Section 389	Summary procedure for punishment for non-attendance by a witness in obedience to summons.
Section 390	Appeals from convictions under sections 383, 384, 388 and 389.
Section 391	Certain Judges and Magistrates not to try certain offences when committed before themselves.
Chapter XXIX	The Judgment
Section 392	Judgment.
Section 393	Language and contents of judgment.
Section 394	Order for notifying address of previously convicted offender.
Section 395	Order to pay compensation.
Section 396	Victim compensation scheme.
Section 397	Treatment of victims.
Section 398	Witness protection scheme.
Section 399	Compensation to persons groundlessly arrested.
Section 400	Order to pay costs in non-cognizable cases.
Section 401	Order to release on probation of good conduct or after admonition.
Section 402	Special reasons to be recorded in certain cases.
Section 403	Court not to alter judgment.
Section 404	Copy of judgment to be given to accused and other persons.
Section 405	Judgment when to be translated.
Section 406	Court of Session to send copy of finding and sentence to District Magistrate.
Chapter XXX	Submission of Death Sentences for Confirmation
Section 407	Sentence of death to be submitted by Court of Session for confirmation.
Section 408	Power to direct further inquiry to be made or additional evidence to be taken.
Section 409	Power of High Court to confirm sentence or annul conviction.
Section 410	Confirmation or new sentence to be signed by two Judges.
Section 411	Procedure in case of difference of opinion.
Section 412	Procedure in cases submitted to High Court for confirmation.
Chapter XXXI	Appeals
Section 413	No appeal to lie unless otherwise provided.
Section 414	Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
Section 415	Appeals from convictions.
Section 416	No appeal in certain cases when accused pleads guilty.
Section 417	No appeal in petty cases.
Section 418	Appeal by State Government against sentence.
Section 419	Appeal in case of acquittal.
Section 420	Appeal against conviction by High Court in certain cases.
Section 421	Special right of appeal in certain cases.
Section 422	Appeal to Court of Session how heard.
Section 423	Petition of appeal.
Section 424	Procedure when appellant in jail.
Section 425	Summary dismissal of appeal.
Section 426	Procedure for hearing appeals not dismissed summarily.
Section 427	Powers of Appellate Court.
Section 428	Judgments of subordinate Appellate Court.
Section 429	Order of High Court on appeal to be certified to lower Court.
Section 430	Suspension of sentence pending appeal; release of appellant on bail.
Section 431	Arrest of accused in appeal from acquittal.
Section 432	Appellate Court may take further evidence or direct it to be taken.
Section 433	Procedure where Judges of Court of appeal are equally divided.
Section 434	Finality of judgments and orders on appeal.
Section 435	Abatement of appeals
Chapter XXXII	Reference and Revision
Section 436	Reference to High Court.
Section 437	Disposal of case according to decision of High Court.
Section 438	Calling for records to exercise powers of revision.
Section 439	Power to order inquiry.
Section 440	Sessions Judge's powers of revision.
Section 441	Power of Additional Sessions Judge.
Section 442	High Court's powers of revision.
Section 443	Power of High Court to withdraw or transfer revision cases.
Section 444	Option of Court to hear parties.
Section 445	High Court's order to be certified to lower Court.
Chapter XXXIII	Transfer of Criminal Cases
Section 446	Power of Supreme Court to transfer cases and appeals.
Section 447	Power of High Court to transfer cases and appeals.
Section 448	Power of Sessions Judge to transfer cases and appeals.
Section 449	Withdrawal of cases and appeals by Sessions Judges.
Section 450	Withdrawal of cases by Judicial Magistrates.
Section 451	Making over or withdrawal of cases by Executive Magistrates.
Section 452	Reasons to be recorded.
Chapter XXXIV	Execution, Suspension, Remission and Commutation of Sentences
	A.—Death sentences
Section 453	Execution of order passed under section 409.
Section 454	Execution of sentence of death passed by High Court.
Section 455	Postponement of execution of sentence of death in case of appeal to Supreme Court.
Section 456	Commutation of sentence of death on pregnant woman.
	B.—Imprisonment
Section 457	Power to appoint place of imprisonment.
Section 458	Execution of sentence of imprisonment.
Section 459	Direction of warrant for execution.
Section 460	Warrant with whom to be lodged.
	C.—Levy of fine
Section 461	Warrant for levy of fine.
Section 462	Effect of such warrant.
Section 463	Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.
Section 464	Suspension of execution of sentence of imprisonment
	D.—General provisions regarding execution
Section 465	Who may issue warrant.
Section 466	Sentence on escaped convict when to take effect.
Section 467	Sentence on offender already sentenced for another offence.
Section 468	Period of detention undergone by accused to be set off against sentence of imprisonment.
Section 469	Saving.
Section 470	Return of warrant on execution of sentence.
Section 471	Money ordered to be paid recoverable as a fine.
	E.—Suspension, remission and commutation of sentences.
Section 472	Mercy petition in death sentence cases.
Section 473	Power to suspend or remit sentences.
Section 474	Power to commute sentence.
Section 475	Restriction on powers of remission or commutation in certain cases.
Section 476	Concurrent power of Central Government in case of death sentences.
Section 477	State Government to act after concurrence with Central Government in certain cases.
Chapter XXXV	Provisions as to Bail and Bonds
Section 478	In what cases bail to be taken.
Section 479	Maximum period for which undertrial prisoner can be detained.
Section 480	When bail may be taken in case of non-bailable offence.
Section 481	Bail to require accused to appear before next Appellate Court.
Section 482	Direction for grant of bail to person apprehending arrest.
Section 483	Special powers of High Court or Court of Session regarding bail.
Section 484	Amount of bond and reduction thereof.
Section 485	Bond of accused and sureties.
Section 486	Declaration by sureties.
Section 487	Discharge from custody.
Section 488	Power to order sufficient bail when that first taken is insufficient.
Section 489	Discharge of sureties.
Section 490	Deposit instead of recognizance.
Section 491	Procedure when bond has been forfeited.
Section 492	Cancellation of bond and bail bond.
Section 493	Procedure in case of insolvency of death of surety or when a bond is forfeited.
Section 494	Bond required from child.
Section 495	Appeal from orders under section 491.
Section 496	Power to direct levy of amount due on certain recognizances.
Chapter XXXVI	Disposal of Property
Section 497	Order for custody and disposal of property pending trial in certain cases.
Section 498	Order for disposal of property at conclusion of trial.
Section 499	Payment to innocent purchaser of money found on accused.
Section 500	Appeal against orders under section 498 or section 499.
Section 501	Destruction of libellous and other matter.
Section 502	Power to restore possession of immovable property.
Section 503	Procedure by police upon seizure of property.
Section 504	Procedure where no claimant appears within six months.
Section 505	Power to sell perishable property.
Chapter XXXVII	Irregular Proceedings
Section 506	Irregularities which do not vitiate proceedings.
Section 507	Irregularities which vitiate proceedings.
Section 508	Proceedings in wrong place.
Section 509	Non-compliance with provisions of section 183 or section 316.
Section 510	Effect of omission to frame, or absence of, or error in, charge.
Section 511	Finding or sentence when reversible by reason of error, omission or irregularity.
Section 512	Defect or error not to make attachment unlawful.
Chapter XXXVIII	Limitation for Taking Cognizance of Certain Offences
Section 513	Definitions.
Section 514	Bar to taking cognizance after lapse of period of limitation.
Section 515	Commencement of period of limitation.
Section 516	Exclusion of time in certain cases.
Section 517	Exclusion of date on which Court is closed.
Section 518	Continuing offence.
Section 519	Extension of period of limitation in certain cases.
Chapter XXXIX	Miscellaneous
Section 520	Trials before High Courts.
Section 521	Delivery to commanding officers of persons liable to be tried by Court-martial.
Section 522	Forms.
Section 523	Power of High Court to make rules.
Section 524	Power to alter functions allocated to Executive Magistrate in certain cases.
Section 525	Cases in which Judge or Magistrate is personally interested.
Section 526	Practising advocate not to sit as Magistrate in certain Courts.
Section 527	Public servant concerned in sale not to purchase or bid for property.
Section 528	Saving of inherent powers of High Court.
Section 529	Duty of High Court to exercise continuous superintendence over Courts.
Section 530	Trial and proceedings to be held in electronic mode.
Section 531	Repeal and savings.
Schedule I	Classification of Offences
Schedule II	Forms (Section 522)

Conclusion

The newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 that enacted by replacing the existing Criminal Procedure Code of 1973, is thoroughly revised legislature. The simplification of codes, incorporation of technological advancement into the criminal proceedings, provide better protection rights to people, give broader power to police, and by defining the timelines for investigation, examination, and other proceedings, the BNS is ready to change the legal and judicial landscape. Though primarily, it will face much problems in its implementation as well as there will be conflict between the existing CrPC and BNSS, especially where the old cases will follow the CrPC rulings and new cases will follow the BNSS; nonetheless, in given period of time, it will be more convenient for all to follow BNSS.

Frequently Asked Questions

What's the main goal of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Ans. Primarily, the main objective of BNSS is to modernize and humanize India's criminal justice system. Besides, also improve the efficiency by incorporating the technological advancement and emphasizing on timely and fair investigation and trial.

How does Bharatiya Nagarik Suraksha Sanhita impact investigations?

Ans. Some of the provisions such as the rule of arresting accused person, keeping detention, mandatory forensic investigations for serious offences, etc. ensure better and efficient criminal trial. On top of this, the electronic evidence can be used in trials, aiding prosecutions in the digital age, ensures better and efficient trial.

How will the BNSS be implemented?

Ans. After receiving the signature of the Hon’ble President Droupadi Murmu on 25th of December, 2023, the BNSS has become the law and from now onwards, it will be applicable to whole country.

Mukesh Kumar

Updated on: 29-Dec-2023

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