BNSS 2023 vs CrPC 1973: What Law Students Need to Understand

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC). With 531 sections (compared to 484 in CrPC), BNSS integrates digital evidence, time-bound judicial trials, mandatory forensic investigations, and victim-centric safeguards into Indian criminal procedure.

### 1. Codification of Zero FIR (Section 173(1)) Information regarding a cognizable offense can now be lodged at any police station regardless of territorial jurisdiction. The station must record it, issue a Zero FIR number, and transfer it to the jurisdictional police station within 24 hours. ### 2. Mandatory Forensic Examination (Section 176(3)) For offenses punishable with 7 years imprisonment or more, the visit of a forensic expert to the crime scene and collection of forensic evidence is mandatory. Where facilities are not available, mobile forensic units must be utilized. ### 3. Audio-Video Recording of Search & Seizure (Section 105) The process of conducting search of any place or seizure of property must be recorded through audio-video electronic means (including mobile phone), and the recording forwarded to the Magistrate without delay. ### 4. Electronic Summons & Service (Section 64 & 70) Summons may now be served electronically via encrypted email, SMS, messaging applications, or police software portals, carrying full statutory legal validity. ### 5. Strict Timelines for Judgment (Sections 258 & 392) Judgments in criminal trials must be pronounced within 30 days of conclusion of arguments (extendable up to 45 days for recorded reasons). Copy of judgment must be uploaded online within 48 hours. ### 6. Bail for Undertrial Prisoners (Section 479) First-time offenders who have never been convicted before are entitled to mandatory release on bail after serving one-third of the maximum statutory sentence (compared to one-half under old Sec 436A CrPC).