Comparative Chart of Criminal Procedure (CrPC) and Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
Subject | Sections of Cr.PC | Sections of BNSS |
Adjournment– limits on |
309 |
346(2) |
Anticipatory Bail |
438 | 482 |
AppealsNo appeal in petty cases – No appeal provision Appeal by State Government against sentence – Central Act Appeal in case of acquittal – Central Act |
376
377
378 |
417
418
419 |
Appearance, Process to Compel Appearance – Other Rules Regarding ProcessesProcedure as to letters – Telegraph authority Recording of search and seizure through audio-video electronic means – Recording of search & seizure by mobile phone Attachment, forfeiture or restoration of property – Attachment, forfeiture, etc. |
92
—
— |
95
105 (New)
107 (New) |
Appearance, Process to Compel Appearance – Proclamation and AttachmentIdentification and attachment of property of proclaimed person – Attachment of property |
— |
86 (New) |
Appearance, Processes to Compel Appearance – SummonsForm of summons – Electronic summons Summons how served – Summons by electronic communication – Record keeping Service of summons on corporate bodies, firms and societies – Service of summons to firm, or association of individuals other than company or corporation Proof of service in such cases and when serving officer not present – Summons by electronic communication Service of summons on witness – Summons by electronic communication |
61
62
63
68
69 |
63
64
65
70
71 |
Appearance, Process to Compel Appearance – Warrant of ArrestProcedure on arrest of person against whom warrant issue – Information regarding arrest |
80 |
82 |
Arrest of PersonsWhen may police arrest without a warrant – Infirm/Old age person Procedure of arrest and duties of officer making the arrest – Information of arrest Designated Police Officer – Information display Arrest on refusal to give name and residence – Bond/Bail Bond Arrest by private person and procedure on such arrest – Time limit of handing over arrestee (subjected to private arrest) to police – Re-arrest by police Arrest how made – Hand cuffing Obligation of person making arrest to inform about arrest, etc., to relative or friend – Information as to arrest Power to seize offensive weapons – Seizure of weapons Examination of accused by medical practitioner at request of Police Officer – Registered medical practitioner – Request for examination Examination of person accused of rape by medical practitioner – Registered Medical Practitioner Examination of arrested person by medical officer – Medical examination Identity parade (identification of person arrested) – Identification process Person arrested not to be detained more than twenty- four hours – Magistrate having jurisdiction or not |
41 & 41A
41B
41C
42
43
46
50A
52
53
53A
54
54A
57 |
35
36
37
39
40
43
48
50
51
52
53
54
58 |
Attachment, Forfeiture of Property
– Procedure for |
— |
107 (New) |
Audio Video Electronic Means– definition of |
— |
2(1)(a) (New) |
Bail– definition of |
— |
2(1)(b) (New) |
Bail Bond– definition of |
— |
2(1)(d)(New) |
Bails and Bonds, Provisions as toMaximum period for which undertrial prisoner can be detained – Undertrial prisoner When bail can be taken in case of non-bailable offence – In case of a child/woman/sick or infirm – Refusal for bail Anticipatory bail (direction for grant of bail to person apprehending arrest) – Anticipatory bail |
436A
437
438 |
479
480
482 |
Bond– definition of |
— |
2(1)(e)(New) |
Charges – Joinder of ChargesOffences of same kind within year may be charged together – Number of offences |
219 |
242 |
Court of Session, Trial Before aOpening case for prosecution – Any other law for the time being in force Discharge – Time-limit for making application for discharge Framing of charge – Time-limit for framing of charges – Accused presence in Court electronically Evidence for prosecution – Recording of witness, etc., by audio video electronic means Judgment of acquittal or conviction – Time-bound disposal of case by conviction or acquittal Procedure in cases instituted under sub-section (2) of section 222 – Quantum of compensation |
226
227
228
231
235
237 |
249
250
251
254
258
260 |
Courts, Powers ofSentences which high courts and sessions judges may pass – Assistant Sessions Judge Sentences which Magistrates may pass – Monetary limits on fines – Metropolitan Area/Metropolitan Magistrate – Community Service Sentence in cases of conviction of several offences at one trial – Concurrent imprisonment – Maximum punishment |
28
29
31 |
22
23
25 |
Criminal Cases, Transfer ofPower of Supreme Court to transfer cases and appeals – Compensation Power of High Court to transfer cases and appeals – Compensation Power of Sessions Judge to transfer cases and appeals – Monetary limit |
406
407
408 |
446
447
448 |
Criminal Courts and Offices, Constitution ofMetropolitan Area/Metropolitan Magistrate – Concept abolished Special Executive Magistrates – Police Officer Public Prosecutors – Public prosecutors for National Territory of Delhi Region – Special Public Prosecutor Assistant Public Prosecutors – Notice to State Government Directorate of Prosecution – District Directorate of Prosecution – Eligible criteria of appointment of Director/Deputy Director of Prosecution – Assistant Directors of Prosecution – Roles and responsibilities of Director/Deputy Director/Assistant Director of Prosecution |
6
21
24
25
25A |
6
15
18
19
20 |
Criminal Courts in Inquiries and Trials, Jurisdiction of theOffences committed by means of electronic communications, letters, etc. Offence committed outside India – Offence committed outside India Receipt of evidence relating to offences committed outside India – Evidence in electronic form |
182
188
189 |
202
208
209 |
Death Sentences, Submission of, for ConfirmationSentence of death to be submitted by Court of Session for confirmation – Time limit for submission of death sentence proceedings to High Court by Court of Sessions Procedure in cases submitted to High Court for confirmation – Electronic means |
366
371 |
407
412 |
DefinitionsChange in definitions – Investigation – Words and phrases used in the legislation but not defined New Definitions – Audio-video electronic means – Bail – Bail Bond – Bond – Electronic communication |
2(h)
2(y)
— — — — — |
2(1)(l)
2(2)(New)
2(1)(a)(New) 2(1)(b)(New) 2(1)(d)(New) 2(1)(e)(New) 2(1)(i)(New) |
Directorate of Prosecution– District Directorate of prosecution – Eligible criteria of appointment of Director/Deputy Director of Prosecution – Assistant Director of Prosecution – Role and Responsibility of |
25A | 20 |
Electronic Communication– Definition of |
— |
2(1)(i)(New) |
Electronic Mode, Trial and Proceedings to Be Held inTrial to be held in electronic mode – Trial, inquiries and proceedings in electronic mode |
— |
530 (New) |
Forensic Facility– Procedure for investigation |
— |
176(3)(New) |
Hand Cuffing– When can be done |
46 |
43 |
Inquiries and Trial, Evidence In – Commission for the Examination of WitnessNo formal proof of certain documents – Time-limit for acceptance or denial of genuineness of document – Expert Evidence of Public Servants, experts, Public Officers in certain cases – Successor officer/expert |
294
— |
330
336(New) |
Inquiries and Trials, Evidence In-Mode of Taking and Recording EvidenceEvidence to be taken in presence of accused – Audio-video electronic means Record in summons-cases and inquiries – Rape cases Record of examination of accused – Time limit for taking signature of accused examined by electronic communication |
273
274
316 |
308
309
281 |
Inquiries and Trials, General Provisions as toPower to postpone or adjourn proceedings – Limits on adjournments Power of Magistrate to order person to give specimen signatures or handwriting, etc. – Magistrate’s power to order any person to give specimen signature, etc. Provision for inquiries and trial being held in absence of accused in certain cases – Personal attendance of accused through audio video electronics means Inquiry, trial or judgment in absentia of proclaimed offender Withdrawal from prosecution – Central Act – Opportunity of hearing Court to be open – In camera trial provision extended to offences under Protection of Children from Sexual Offences Act also |
309
311A
317
— 321
327 |
346
349
355
356(New) 360
366
|
JudgmentJudgment – Time limit for pronouncing judgment by Court – Time-limit for loading copy of Court’s judgment on its portal – Accused in custody to hear judgment by audio video electronic means Treatment of victims – Duty of hospitals to provide immediately, the first- aid or medical treatment, free of cost to victims of offences under Protection of Children from Sexual Offences Act, 2012 Witness Protection Scheme – Protection of witness Copy of judgment to be given to accused and other persons – Copy of Judgment to Government Judgment when to be translated – Translation copy |
353
357C
—
363
364
|
392
397
398(New)
404
405 |
Magistrates, Complaints toExamination of complainant – Cognizance of complaint |
200 |
223 |
Magistrates, Commencement of Proceedings BeforeIssue of process – Electronic summons Special summons in case of petty offence – Monetary limit of fine Supply to accused of copy of police report and other documents – Time limit stipulated for supply of copy of police report, FIR etc. – Copy to victim – Report in electronic form Supply of copies of statements and documents to accused in other cases triable by court of session – Time limit and form for supply of copy Commitment of case to Court of Session when offence is triable exclusively by it – Time limit for completion of proceedings – Copy to Court of Sessions |
204
206
207
208
209 |
227
229
230
231
232 |
Magistrate, Proceedings by, Conditions Requisite for Initiation ofCognizance of offences by Magistrate – Mode of taking cognizance Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence – Cognizance by whom Prosecution of Judges and Public Servants – Time limit for sanction Prosecution for offences against marriage – Unsound mind/child Prosecution for defamation – Unsound mind/child |
190
195
197
198
199 |
210
215
218
219
222 |
Maintenance of Wives, Children and Parents, Order forProcedure – Advocate – Residence of father or mother |
126 |
145 |
Mercy Petition– Procedure for |
— |
472 (New) |
Offences Affecting the Administration of Justice, Provisions as toSummary procedure for trial for giving false evidence – Fine prescribed Procedure in certain cases of contempt – Fine prescribed Summary procedure for punishment for non- attendance by a witness in obedience to summons – Fine prescribed |
344
345
350
|
383
384
389
|
Plea BargainingApplication for plea bargaining – Time-limit for filing application for plea bargaining – Time-limit for reaching a mutually satisfactory disposition Disposal of case – First time offender |
265B
265E |
290
293 |
Police, Information to the, their Powers to InvestigateInformation in cognizable cases – Electronic communication – Information to informant/victim – Preliminary enquiry – Powers of Superintendent of Police Information as to non-cognizable cases and investigation of such cases – Daily Diary Police Officer’s power to investigate cognizable case – Powers of Superintendent of Police/Judicial Magistrate Procedure for investigation – Audio-video electronic data – Forensic facility – Non-compliance with requirement of section 176(1) Police Officer’s power to require attendance of witnesses – Acute illness – Exempted person willingness to attend Recording of confessions and statements – Woman Magistrate – Recording statement of witness – Audio-video electronic means – Metropolitan Area/Metropolitan Magistrate Medical examination of victim of rape – Time-limit for submission of medical examination report of rape victim Search by Police Officer – Recording of search by mobile – Time limit for sending records Procedure when investigation cannot be completed in 24 hours – Period of declaration – Detention in police station – Audio-video electronic means Cases to be sent to magistrate, when evidence is sufficient – Security for appearance Report of police officer on completion of investigation – Requirement of time-bound completion of investigation within 2 months applicable to offences of rape and gang rape have been extended to offences under POSCO – Electronic communication – Progress of investigation – Supply of copies of documents – Time-limit for completion of investigation Police to enquire and report on suicide, etc. – Time-limit for sending enquiry report to DM/SDM Power to summon persons – Restrictions on power to summon persons |
154
155
156
157
160
164
164A
165
167
170
173
174
175 |
173
174
175
176
179
183
184
185
187
190
193
194
195 |
Police, Person Bound to Follow Law Direction of– Provision for |
— |
172 (New) |
Police, Powers of Superior Officers of Police and Aid to the Magistrates and PoliceDuty of officers employed in connection with affairs of a village to make a certain report – Proclaimed offender |
40 |
34 |
Police, Preventive Action ofPersons bound to conform to lawful directions of police – Binding force of lawful directions of Police |
— |
172 (New) |
Prisons, Persons Detained in, Attendance ofPower of State Government or Central Government to exclude certain persons from operation of section 302 (requirement of attendance) – Power extends to Central Government also |
268 |
303 |
Processes to Compel the Production of Things – Search and Seizure, Attachment, etc.Summons to produce document or other thing – Telegraph authority – Electronic communication – Electronic summons |
91 |
94 |
Proclaimed Offender– Definition of – Attachment of property – Inquiry, trial or judgment in absentia of |
40 — — |
34 86 (New) 356 (New)
|
Property, Disposal OfOrder for custody and disposal of property pending trial in certain cases – Magistrate – Statement of property – Photograph/videography of property – Time limit for disposal of property Power to sell perishable property – Prescribed value |
451
459 |
497
505 |
Public NuisanceConditional order for removal of nuisance – Scope of provision Person to whom order is addressed to obey or show cause – Audio video conference Procedure where person against whom order is made appears to show cause – Time-limit for completion of proceedings Magistrate may prohibit the repetition or continuance of public nuisance – Deputy Commissioner of Police |
133
135
138
143 |
152
154
157
162 |
Public Order and Tranquility, Maintenance of Unlawful AssembliesDispersal of assembly by use of civil force – Gender of person Use of armed forces to disperse assembly – District/Executive Magistrate
|
129
130 |
148
149 |
Search and Seizure– Recording of, by mobile |
— |
105 (New) |
Security for Keeping the Peace and for Good BehaviourSecurity for good behaviour from habitual offenders – Specified Acts Order to be made – Sureties |
110
111 |
129
130 |
Sentences, Execution/Suspension/Remission of– Mercy petition in death sentence cases Power to commute sentence – Computation of sentences State Government to act after concurrence with Central Government in certain cases – Central Act |
—
433
435 |
472 (New)
474
477 |
Summary TrialsPower to try summarily – Summary trial |
260 |
283 |
Summons – Cases, Trial of, By MagistratesSubstance of accusation to be stated – Release of accused Non-appearance or death of complainant – Time-limit for appearance of complainant |
251
256 |
274
279 |
Warrant – Cases, Trial of, By Magistrates: Cases Instituted on Police ReportWhen accused shall be discharged – Time limit of application for discharge by accused – Examination of accused through audio-electronic means Framing of charge – Time-bound framing of charges Evidence for prosecution – Recording of evidence of witness by audio-video electronic means Evidence for defence – Examination of witness by audio-video electronic means |
239
240
242
243 |
262
263
265
266 |
Warrant Cases, Trial of, By Magistrates: Cases Instituted Other than on Police ReportProcedure where accused is not discharged – Closure of prosecution evidence where attendance of PWs cannot be secured despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita |
246 |
269 |
Warrant-cases, Trial of: Conclusion of TrialAbsence of complainant – Time limit for presence of complainant |
249 |
272 |
Comparative Chart of Criminal Procedure Code (CrPC) and Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
In India, the legal framework governing criminal procedure undergoes periodic revisions to ensure fairness, efficiency, and adherence to constitutional principles. The Criminal Procedure Code (CrPC), enacted in 1973, outlines the procedural aspects of criminal law, guiding investigations, trials, and appeals. Recently, discussions have surfaced regarding the potential introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, a prospective legislation aimed at modernizing and refining the existing procedural standards.
Understanding the Criminal Procedure Code (CrPC)
The CrPC provides a structured framework for the conduct of criminal proceedings in India’s courts. It delineates the roles and responsibilities of law enforcement agencies, prosecutors, and judiciary, ensuring procedural fairness and adherence to due process. Key aspects covered by the CrPC include arrest procedures, bail provisions, trial processes, and post-trial remedies.
Introducing the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
The proposed Bharatiya Nagarik Suraksha Sanhita 2023 seeks to address contemporary challenges and enhance procedural efficiency within the criminal justice system. Key features of the BNSS 2023 include:
Victim Rights: Recognizing the rights and needs of crime victims, the BNSS 2023 introduces provisions for victim compensation, support services, and participation in legal proceedings, thereby fostering a more victim-centric approach to justice.
Speedy Trials: In response to concerns over delays in justice delivery, the BNSS 2023 proposes measures to expedite criminal trials without compromising fairness, emphasizing timelines for investigation, trial proceedings, and appellate reviews.
Technology Integration: Embracing technological advancements, the BNSS 2023 promotes the use of electronic filing systems, video conferencing for witness testimony, and digital evidence management to streamline processes and reduce administrative burdens.
Comparative Analysis
Procedural Efficiency
While the Criminal Procedure Code lays down comprehensive procedural guidelines, the Bharatiya Nagarik Suraksha Sanhita 2023 introduces reforms aimed at enhancing procedural efficiency and reducing bureaucratic hurdles. It emphasizes the use of technology and streamlined processes to expedite trials and improve access to justice.
Victim-Centric Approach
Unlike the CrPC, which primarily focuses on procedural safeguards for defendants and fair trial rights, the BNSS 2023 places significant emphasis on enhancing protections and support mechanisms for crime victims, ensuring their voices are heard throughout the legal process.
Legal Safeguards
Both legislations uphold fundamental legal principles, including the presumption of innocence, right to legal representation, and the prohibition of arbitrary detention. However, the BNSS 2023 incorporates additional safeguards tailored to modern challenges, such as cybercrimes and terrorism, thereby adapting the legal framework to contemporary threats.
The comparison between the Criminal Procedure Code (CrPC) and the prospective Bharatiya Nagarik Suraksha Sanhita 2023 highlights India’s commitment to evolving its criminal justice system in response to societal needs and technological advancements. While the CrPC remains foundational, the introduction of the BNSS 2023 signifies a progressive step toward enhancing procedural efficiency, protecting victim rights, and promoting equitable access to justice for all citizens.
As India continues to navigate the complexities of legal reform and governance, the synergy between these legislations promises a more robust and responsive criminal justice system that upholds the rule of law while safeguarding individual rights and societal interests.
Frequently Asked Questions (FAQs)
The Criminal Procedure Code (CrPC) is a comprehensive legal framework enacted in 1973, governing the procedural aspects of criminal trials in India. It outlines procedures for investigation, arrest, bail, trial, and appeals, ensuring fairness and adherence to due process.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is a proposed legislation aimed at modernizing and refining India’s criminal procedural standards. It seeks to enhance procedural efficiency, protect victim rights, and integrate technological advancements into the judicial process.
The CrPC, established in 1973, provides a foundational framework for criminal procedure, emphasizing procedural safeguards and legal rights for defendants. In contrast, the BNSS 2023 introduces reforms such as victim-centric provisions, speedy trial mandates, and technology integration to streamline processes and enhance access to justice.
Key features of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 include:
- Victim Rights: Introduces provisions for victim compensation, support services, and participation in legal proceedings.
- Speedy Trials: Aims to expedite criminal trials through defined timelines for investigation, trial proceedings, and appellate reviews.
- Technology Integration: Promotes the use of electronic filing, video conferencing for witness testimony, and digital evidence management to enhance procedural efficiency.
The BNSS 2023 addresses challenges in the current legal system by:
- Enhancing Victim Protections: Providing comprehensive rights and support mechanisms for crime victims.
- Streamlining Procedures: Introducing measures to expedite trials and reduce administrative delays.
- Adopting Technology: Integrating modern technology to improve accessibility and efficiency in legal processes.
As of now, the BNSS 2023 is a proposed legislation and its implementation remains subject to legislative approval and adoption. It is designed to complement existing laws like the CrPC by modernizing procedural standards and addressing contemporary legal challenges.
The BNSS 2023 is expected to impact legal professionals and litigants by:
- Improving Efficiency: Streamlining procedures and reducing delays in legal proceedings.
- Enhancing Access to Justice: Ensuring fairness and transparency in the judicial process.
- Empowering Victims: Providing stronger protections and support for crime victims throughout legal proceedings.