Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023
发布时间:2026-09-11 | 浏览:1
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is India's new code of criminal procedure that replaced the Code of Criminal Procedure (CrPC), 1973 with effect from July 1, 2024. Enacted as Act No. 46 of 2023 and receiving Presidential assent on December 25, 2023, the BNSS governs the procedural aspects of criminal justice administration across India, including the registration of FIRs, investigation, arrest, bail, trial, judgment, appeals, and execution of sentences. The BNSS contains 531 sections organized across 36 chapters and introduces transformative reforms such as zero FIR, mandatory forensic investigation for serious offences, electronic filing, audio-video recording of search and seizure, timelines for investigation and trial, trial in absentia, and community service as a form of punishment.
Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 -- India's New Code of Criminal Procedure
The Bharatiya Nagarik Suraksha Sanhita (BNSS) is India's comprehensive criminal procedure code that replaced the Code of Criminal Procedure (CrPC), 1973 with effect from July 1, 2024 . Enacted as Act No. 46 of 2023 and receiving Presidential assent on December 25, 2023 , the BNSS forms one pillar of the three new criminal law statutes that fundamentally reformed India's criminal justice framework -- the other two being the Bharatiya Nyaya Sanhita (BNS) , which replaced the Indian Penal Code, and the Bharatiya Sakshya Adhiniyam (BSA) , which replaced the Indian Evidence Act. Together, these three statutes represent the most significant overhaul of Indian criminal law since independence in 1947.
The BNSS governs every procedural aspect of criminal justice administration in India -- from the registration of a First Information Report (FIR) and the investigation of offences, through arrest, bail, charge framing, trial proceedings, judgment, sentencing, appeals, revision, and execution of sentences. It regulates the powers and jurisdiction of criminal courts, defines the rights and obligations of the accused, victims, witnesses, police officers, prosecutors, and judicial officers, and establishes the procedural framework within which the substantive criminal law (BNS) operates. In essence, while the BNS defines what constitutes a criminal offence and prescribes punishments, the BNSS prescribes how the criminal justice system processes those offences from start to finish.
Why the BNSS Was Enacted: Replacing the Colonial-Era CrPC
The Code of Criminal Procedure (CrPC), 1973 -- itself a successor to the original Criminal Procedure Code of 1898 enacted during British colonial rule -- had served as India's procedural criminal law for over five decades. While the 1973 version was a significant improvement over the 1898 Code, it was increasingly viewed as inadequate for the demands of a modern criminal justice system. Several factors drove the need for comprehensive reform:
Colonial Legacy : The procedural framework of the CrPC was rooted in the British colonial approach to criminal justice, which prioritized administrative control over citizen-centric justice delivery. The adversarial and prosecution-heavy orientation of the CrPC often worked to the disadvantage of victims and witnesses.
Delays in Justice Delivery : India's criminal courts were overwhelmed with massive case pendency -- over 4.4 crore pending cases across various courts. The CrPC lacked adequate mechanisms for time-bound disposal of cases, contributing to the phenomenon where "justice delayed is justice denied" became an everyday reality for millions of Indians.
Absence of Technology Integration : The CrPC was drafted in an era before the digital revolution. It did not adequately provide for electronic filing of complaints, digital service of summons and warrants, audio-video recording of proceedings, or the use of electronic evidence in investigation and trial.
Inadequate Victim Protection : The CrPC's framework was primarily accused-centric, with limited provisions for victim participation, victim compensation, and witness protection. Victims of crime often felt marginalized by a system that seemed more concerned with the rights of the accused than with delivering justice to the aggrieved.
Outdated Investigation Procedures : The CrPC's investigation procedures were designed for an era of paper-based record-keeping. The absence of mandatory forensic investigation, the lack of requirements for scientific evidence collection, and the absence of audio-video recording requirements for search and seizure operations compromised the quality and credibility of criminal investigations.
Recommendations of Law Commissions and Expert Bodies : Multiple Law Commission reports, the Malimath Committee Report on Reforms of Criminal Justice System (2003), and various Supreme Court and High Court judgments had recommended comprehensive procedural reforms that could not be achieved through piecemeal amendments to the CrPC.
The government introduced the Bharatiya Nagarik Suraksha Sanhita Bill in Parliament on August 11, 2023 . After examination by a Parliamentary Standing Committee and subsequent revisions, the Bill was passed by both Houses of Parliament in December 2023 and received Presidential assent on December 25, 2023 . The BNSS came into force on July 1, 2024 , simultaneously with the BNS and BSA.
Structure of the BNSS: 531 Sections in 36 Chapters
The Bharatiya Nagarik Suraksha Sanhita is organized into 531 sections spread across 36 chapters , compared to the CrPC's 484 sections in 37 chapters. The chapters cover the complete lifecycle of criminal proceedings, organized thematically as follows:
Chapter I (Sections 1-6) -- Preliminary: Short title, commencement, definitions, and savings clauses establishing the foundational framework of the Code.
Chapter II (Sections 7-29) -- Constitution of Criminal Courts and Offices: Establishment and hierarchy of criminal courts, including Courts of Session, Judicial Magistrates, Executive Magistrates, and their territorial jurisdiction.
Chapter III (Sections 30-38) -- Power of Courts: Powers vested in different classes of criminal courts, including sentencing powers and powers of the High Court and Court of Session.
Chapter IV (Sections 39-43) -- Aid to the Magistrates and Police: Provisions for assistance to be rendered to Magistrates and police officers by the public and other authorities.
Chapter V (Sections 44-64) -- Arrest of Persons: Comprehensive provisions governing arrest by police officers and private persons, procedure for arrest, rights of arrested persons, search of arrested persons, and provisions relating to arrest of women.
Chapter VI (Sections 65-99) -- Processes to Compel Appearance: Summons, warrants of arrest, proclamation and attachment, and other processes to compel the appearance of accused persons and witnesses before courts.
Chapter VII (Sections 100-116) -- Processes to Compel the Production of Things: Search warrants, general provisions for searches, seizure of property, and related matters.
Chapter VIII (Sections 117-141) -- Security for Keeping the Peace and for Good Behaviour: Preventive provisions requiring persons to show cause and furnish security for maintaining peace and good behaviour.
Chapter IX (Sections 142-150) -- Order for Maintenance of Wives, Children and Parents: Provisions for maintenance orders, including the important Section 144 which is the primary maintenance provision (equivalent of CrPC Section 125).
Chapter X (Sections 151-165) -- Maintenance of Public Order and Tranquillity: Powers of Executive Magistrates to issue orders for maintaining public order, including Section 163 (equivalent of CrPC Section 144 prohibitory orders) and provisions for dispersal of unlawful assemblies.
Chapter XI (Sections 166-170) -- Preventive Action of the Police: Powers of police officers to prevent cognizable offences and take preventive measures.
Chapter XII (Sections 171-199) -- Information to the Police and their Powers to Investigate: One of the most critical chapters, covering the registration of FIRs (Section 173), zero FIR provisions, procedure for investigation, police powers during investigation, recording of confessions and statements, completion of investigation, and filing of police reports (charge sheets).
Chapter XIII (Sections 200-213) -- Jurisdiction of the Criminal Courts in Inquiries and Trials: Rules determining which court has jurisdiction to try particular offences and the place of inquiry or trial.
Chapter XIV (Sections 214-225) -- Conditions Requisite for Initiation of Proceedings: Conditions precedent for taking cognizance of offences, including prosecution sanctions, limitation periods, and previous approval requirements.
Chapter XV (Sections 226-230) -- Complaints to Magistrates: Procedure for filing complaints before Magistrates, examination of complainants, and dismissal of complaints.
Chapter XVI (Sections 231-237) -- Commencement of Proceedings before Magistrates: Provisions for supply of copies to the accused, commitment of cases to the Court of Session, and transfer of cases between Magistrates.
Chapter XVII (Sections 238-252) -- The Charge: Provisions governing the framing of charges, form and content of charges, joinder of charges, alteration of charges, and errors in charges.
Chapter XVIII (Sections 253-268) -- Trial before a Court of Session: Detailed procedure for trial of cases before the Court of Session, including the trial process, examination of witnesses, arguments, acquittal, and conviction.
Chapter XIX (Sections 269-282) -- Trial of Warrant-Cases by Magistrates: Procedure for trial of warrant-cases (cases involving serious offences) before Magistrates, both on police report and otherwise.
Chapter XX (Sections 283-293) -- Trial of Summons-Cases by Magistrates: Procedure for trial of summons-cases (cases involving less serious offences) before Magistrates, including plea of guilty by post.
Chapter XXI (Sections 294-299) -- Summary Trials: Provisions for expedited trial of certain categories of offences through summary procedure.
Chapter XXII (Sections 300-305) -- Plea Bargaining: A significant provision allowing accused persons to negotiate pleas for reduced punishment in certain categories of cases. This chapter modernizes the plea bargaining framework introduced in CrPC in 2006.
Chapter XXIII (Sections 306-322) -- Evidence in Inquiries and Trials: Provisions governing the recording of evidence, examination and cross-examination of witnesses, and related procedural matters.
Chapter XXIV (Sections 323-372) -- General Provisions as to Inquiries and Trials: Comprehensive provisions including compounding of offences, withdrawal from prosecution, power to tender pardon, trial of joint offenders, and various procedural safeguards.
Chapter XXV (Sections 373-385) -- Provisions as to Accused Persons of Unsound Mind: Procedure for dealing with accused persons who are of unsound mind and incapable of making their defence.
Chapter XXVI (Sections 386-397) -- Provisions as to Offences Affecting the Administration of Justice: Provisions for dealing with contempt of court, offences in or near courts, and related matters.
Chapter XXVII (Sections 398-419) -- The Judgment: Provisions governing the pronouncement of judgment, contents of judgment, compensation to victims, and related matters.
Chapter XXVIII (Sections 420-428) -- Submission of Death Sentences for Confirmation: Procedure for confirmation of death sentences by the High Court.
Chapter XXIX (Sections 429-455) -- Appeals: Comprehensive provisions governing appeals against convictions, acquittals, and sentences, including appeal procedures and powers of appellate courts.
Chapter XXX (Sections 456-467) -- Reference and Revision: Provisions for reference to the High Court on questions of law, and revisional jurisdiction of the High Court and Court of Session.
Chapter XXXI (Sections 468-475) -- Transfer of Criminal Cases: Provisions for transfer of cases from one court to another, including transfer by the Supreme Court, High Court, and Sessions Court.
Chapter XXXII (Sections 476-489) -- Execution, Suspension, Remission and Commutation of Sentences: Provisions governing the execution of death sentences, imprisonment, fines, and the suspension, remission, and commutation of sentences.
Chapter XXXIII (Sections 490-508) -- Provisions as to Bail and Bonds: Comprehensive bail provisions including bail in bailable offences, bail in non-bailable offences, anticipatory bail, default bail, and bail conditions.
Chapter XXXIV (Sections 509-517) -- Disposal of Property: Provisions for disposal of property produced before courts, including seized property and unclaimed property.
Chapter XXXV (Sections 518-524) -- Irregular Proceedings: Savings clauses for irregularities in proceedings that do not vitiate the trial or affect the merits of the case.
Chapter XXXVI (Sections 525-531) -- Miscellaneous: General provisions including the saving of inherent powers of the High Court (Section 528), power to make rules, repeal and savings, and transitional provisions.
Key Reforms and New Provisions in the BNSS
Zero FIR (Section 173)
Section 173 of the BNSS is one of the most significant reforms introduced by the new code. It mandates that every police station must register an FIR regardless of the territorial jurisdiction where the offence was committed. Under the CrPC, victims often faced difficulty in getting FIRs registered because police stations would refuse to register complaints for offences committed outside their jurisdiction, directing the complainant to the "correct" police station. The zero FIR concept, which was introduced as an administrative direction after the 2012 Nirbhaya case but lacked statutory backing, is now enshrined in law. The FIR registered as a zero FIR must be transferred to the police station having jurisdiction within 24 hours. Section 173 also mandates that information about cognizable offences may be given orally, in writing, or by electronic communication , bringing the FIR registration process into the digital age. Additionally, the informant must receive a free copy of the FIR within 24 hours.
Mandatory Forensic Investigation for Serious Offences (Section 176)
One of the most transformative provisions of the BNSS is Section 176 , which mandates that for offences punishable with seven years of imprisonment or more , a forensic expert must visit the crime scene and collect forensic evidence. The forensic expert must also cause the entire process to be videographed on a mobile phone or any other electronic device . This provision is designed to ensure scientific investigation of serious crimes, reduce reliance on oral testimony and confessions, and strengthen the evidentiary foundation of criminal prosecutions. This requirement had no equivalent in the CrPC and represents a paradigm shift towards evidence-based investigation.
Audio-Video Recording of Search and Seizure (Section 185)
The BNSS mandates audio-video recording of search and seizure operations conducted by the police. This provision addresses long-standing concerns about planted evidence, false search memos, and the credibility of search and seizure operations. By requiring electronic documentation of the entire search and seizure process, the BNSS aims to protect both the rights of the accused (against fabricated evidence) and the interests of the prosecution (by creating an irrefutable record of the evidence collection process).
Timelines for Investigation (Section 193)
Section 193 of the BNSS introduces strict timelines for the completion of investigation and filing of police reports (charge sheets). The investigating officer must complete the investigation and file the report within 90 days for offences punishable with imprisonment of 10 years or more, life imprisonment, or death, and within 60 days for other offences. If the investigation is not completed within these timelines, the Superintendent of Police may grant an extension, but the total period cannot exceed 180 days . This provision addresses one of the most chronic problems in Indian criminal justice -- investigations dragging on for years without conclusion, leaving the accused in prolonged uncertainty and detention.
Timelines for Trial and Judgment
The BNSS introduces timelines for various stages of the trial process. The charge must be framed within 60 days of the first hearing after supply of documents to the accused. The judgment in cases where trial has been completed must be pronounced within 45 days (with a maximum extension of 60 days in special circumstances) from the date of completion of arguments. These provisions are designed to address the endemic problem of delayed trials and pending judgments in Indian criminal courts.
Trial in Absentia (Section 356)
The BNSS introduces provisions for trial in absentia -- conducting and completing the trial of a proclaimed offender in their absence. Under the CrPC, if an accused person absconded and could not be arrested, the trial would effectively remain stalled indefinitely. Under the BNSS, if the accused has been proclaimed as an absconder and has failed to appear despite proclamation and attachment proceedings, the court may proceed with the trial in the absence of the accused, after appointing an advocate to represent the accused. The judgment so passed can be challenged by the accused if they subsequently appear or are arrested, but this provision ensures that fugitives from justice cannot indefinitely evade the criminal justice system simply by absconding.
Electronic Filing and Digital Processes
The BNSS comprehensively integrates technology into criminal procedure. Key digital provisions include:
Electronic FIR : FIRs can be filed through electronic communication (Section 173).
Electronic summons and warrants : Summons and warrants can be issued and served through electronic means (Sections 65-67).
Video-conferencing for trials : Courts can conduct proceedings, including examination of witnesses, through video-conferencing or other electronic means.
Electronic charge sheets : Police reports (charge sheets) can be filed electronically.
Digital records : Court records, case diaries, and other documents can be maintained in electronic form.
Witness Protection Programme
The BNSS provides a statutory framework for witness protection , addressing a critical gap in the CrPC. Witness intimidation, threats, and hostile witnesses have been persistent problems in the Indian criminal justice system, often leading to acquittals despite strong evidence. The BNSS empowers courts to order protection measures for witnesses, including concealment of identity, in-camera proceedings, and other appropriate measures to ensure that witnesses can depose freely without fear of retaliation.
Mercy Petition Timeline (Section 472)
The BNSS introduces a timeline for mercy petitions in death sentence cases. Mercy petitions to the Governor or the President must be filed within 30 days of exhaustion of legal remedies. The decision on the mercy petition must be communicated within 60 days . These timelines address the long-standing problem of death row convicts spending years, sometimes decades, awaiting the outcome of mercy petitions, a situation the Supreme Court has described as constituting additional and unlawful punishment.
Community Service as Punishment
The BNSS introduces community service as a form of punishment for certain minor offences. This is a significant sentencing reform that provides courts with an alternative to imprisonment or fine for petty offences, promoting rehabilitative justice over purely punitive measures. Community service may be imposed for offences such as petty theft, minor public nuisance, and certain other offences where the court considers it appropriate.
Bail Provisions (Sections 478-480, 490-508)
The BNSS reorganizes and modernizes the bail framework:
Section 478 -- Bail in bailable offences: When a person accused of a bailable offence is arrested or detained, they have a right to be released on bail.
Section 479 -- Bail in non-bailable offences: The court may grant bail in non-bailable offences, considering the nature of the offence, the severity of punishment, and other relevant factors.
Section 480 -- Anticipatory bail: Any person who has reason to believe that they may be arrested on accusation of having committed a non-bailable offence may apply to the High Court or Court of Session for anticipatory bail.
Default bail : The BNSS retains and strengthens the provision for default bail (where the investigation is not completed within the prescribed period), ensuring that prolonged incarceration without charge sheet is not permitted.
A notable new provision mandates that an undertrial prisoner who has been detained for one-third of the maximum sentence prescribed for the offence (for first-time offenders, excluding certain serious offences) shall be released on bail. This provision addresses the severe problem of undertrial prisoners languishing in jails for periods that often exceed the maximum sentence they would receive upon conviction.
Key Provisions of the BNSS and Their CrPC Equivalents
Section 173 -- Information in Cognizable Cases (FIR)
Section 173 of the BNSS (equivalent of CrPC Section 154 ) governs the registration of First Information Reports. Key enhancements over the CrPC include: mandatory registration regardless of jurisdiction (zero FIR), acceptance of electronic complaints, mandatory acknowledgment and free copy to the informant, and provisions for information by women against sexual offences to be recorded by a woman police officer.
Section 35 -- Arrest by Police Officer Without Warrant
Section 35 of the BNSS (equivalent of CrPC Section 41 ) governs when a police officer may arrest without warrant. The BNSS retains the CrPC framework but incorporates the guidelines from the Supreme Court's landmark judgment in Arnesh Kumar v. State of Bihar (2014), requiring the police officer to be satisfied that the arrest is necessary based on specific grounds including the likelihood of the person committing further offences, the need to prevent tampering with evidence, and the likelihood of influencing witnesses.
Section 144 -- Order for Maintenance of Wives, Children and Parents
Section 144 of the BNSS (equivalent of CrPC Section 125 ) is the principal maintenance provision. It empowers a Magistrate to order a person having sufficient means to provide maintenance to their wife, children, and parents who are unable to maintain themselves. The BNSS provision enhances the maintenance framework by providing for interim maintenance to be awarded within 60 days of service of notice, and the final order to be passed within 90 days of the date of service of notice. These timelines ensure expeditious disposal of maintenance applications, preventing the prolonged pendency that plagued CrPC Section 125 proceedings.
Section 163 -- Power to Issue Order in Urgent Cases of Nuisance or Apprehended Danger
Section 163 of the BNSS (equivalent of CrPC Section 144 ) empowers a District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered to issue orders in urgent cases of nuisance or apprehended danger. This is the provision commonly known as "Section 144 orders" under the CrPC -- used to impose curfews, prohibit assemblies, and maintain public order. Under the BNSS, this power continues with similar safeguards and limitations.
Section 193 -- Report of Police Officer on Completion of Investigation
Section 193 of the BNSS (equivalent of CrPC Section 173 ) governs the filing of the police report (charge sheet) upon completion of investigation. Key enhancements include mandatory timelines for completion of investigation, electronic filing provisions, and requirements for the investigating officer to include forensic evidence reports.
Section 528 -- Saving of Inherent Powers of High Court
Section 528 of the BNSS (equivalent of CrPC Section 482 ) preserves the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of the process of any court, or otherwise to secure the ends of justice. This provision is one of the most frequently invoked provisions in criminal practice, used to quash criminal proceedings, FIRs, and charge sheets that are found to be frivolous, vexatious, or constitute an abuse of the process of law.
Transition from CrPC to BNSS: Key Points
The transition from the CrPC to the BNSS is governed by clear legal provisions to ensure continuity:
Cases filed before July 1, 2024 : All investigations initiated, proceedings commenced, and trials ongoing under the CrPC before July 1, 2024, continue to be governed by the CrPC until their conclusion. The procedural steps already completed under the CrPC remain valid.
Cases filed on or after July 1, 2024 : All new FIRs registered and proceedings commenced on or after July 1, 2024, must follow BNSS procedures. Police officers must register FIRs under BNSS sections, investigations must follow BNSS procedures, and trials must proceed under the BNSS framework.
Ongoing investigations : For investigations that began under the CrPC but were not completed by July 1, 2024, the procedural steps already completed under CrPC remain valid, but subsequent steps must comply with BNSS provisions to the extent applicable.
Court hierarchy and jurisdiction : The court structure and hierarchy established under the CrPC continue, with the BNSS provisions governing their powers and jurisdiction from July 1, 2024.
Significance of the BNSS for the Indian Criminal Justice System
The Bharatiya Nagarik Suraksha Sanhita represents a generational reform of India's criminal procedure. Its key contributions include:
Technology-Driven Justice : By mandating electronic processes, digital evidence collection, and audio-video documentation, the BNSS brings India's criminal procedure into the digital age, improving efficiency, transparency, and accountability.
Time-Bound Justice : The introduction of timelines for investigation, charge framing, trial completion, and judgment delivery addresses the chronic problem of delayed justice that has plagued the Indian judicial system for decades.
Evidence-Based Investigation : Mandatory forensic investigation for serious offences and audio-video recording of search and seizure operations shift the investigation paradigm from confession-based to evidence-based, improving both the quality of justice and the protection of individual rights.
Victim-Centric Approach : Enhanced provisions for victim compensation, witness protection, mandatory updates to victims on investigation progress, and participation of victims in proceedings reflect a more balanced approach that considers the rights and interests of victims alongside those of the accused.
Reduced Undertrial Incarceration : Provisions for mandatory bail after one-third of maximum sentence, strict timelines for filing charge sheets, and default bail provisions address the severe problem of undertrial prisoners constituting a majority of India's prison population.
Reformative Justice : The introduction of community service as punishment and the modernization of plea bargaining provisions reflect a move towards reformative justice for minor offences, reducing the burden on courts and prisons while providing meaningful alternatives to incarceration.
While the BNSS introduces many progressive reforms, its success will ultimately depend on effective implementation -- including the training of police officers, prosecutors, and judicial officers, the development of digital infrastructure, the establishment of forensic laboratories across the country, and the creation of an implementation monitoring framework. The BNSS provides the legislative foundation; the transformation of India's criminal justice system from a colonial-era framework to a modern, efficient, and citizen-centric system remains a work in progress that will unfold over the coming years and decades.
Why the CrPC Still Matters: Pending Cases and Legal Precedents
Even after the BNSS came into force, the Code of Criminal Procedure (CrPC) continues to hold immense legal significance. All criminal cases registered before July 1, 2024, continue to be governed by the CrPC throughout the investigation, trial, and appellate process. Given the massive pendency of criminal cases in Indian courts -- with crores of cases at various stages -- the CrPC will continue to be applied in courtrooms across India for many years. Furthermore, the five decades of case law and legal precedents developed under the CrPC remain highly relevant for interpreting corresponding BNSS provisions, as many provisions have been retained with modifications. Lawyers, judges, and legal scholars regularly cross-reference CrPC provisions with their BNSS equivalents to understand the intent and scope of changes.
All BNSS Sections by Chapter
Chapter I — Preliminary
Sections 1-6 · 6 sections
Chapter I of the Bharatiya Nagarik Suraksha Sanhita contains preliminary provisions including the short title, extent and commencement of the Code, definitions of key terms, construction of references to existing laws, and savings clauses establishing the foundational framework.
Chapter II — Constitution of Criminal Courts and Offices
Sections 7-29 · 23 sections
Chapter II provides for the constitution of criminal courts and offices, including Courts of Session, Judicial Magistrates of the First and Second Class, Executive Magistrates, and their territorial jurisdiction, powers, and subordination.
Chapter III — Power of Courts
Sections 30-38 · 9 sections
Chapter III defines the sentencing powers of different classes of criminal courts, including the Court of Session, Judicial Magistrates, and the High Court, prescribing the maximum punishments each court may impose.
Chapter IV — Aid to the Magistrates and Police
Sections 39-43 · 5 sections
Chapter IV contains provisions for assistance to be rendered to Magistrates and police officers by the public and other authorities, including the duty of persons to give information of certain offences and the duty of officers employed in connection with the affairs of a village.
Chapter V — Arrest of Persons
Sections 44-64 · 21 sections
Chapter V contains comprehensive provisions governing arrest of persons, including arrest by police officers with and without warrant, arrest by private persons, procedure for arrest, rights of arrested persons, search of arrested persons, provisions relating to arrest of women, and the duty of persons making arrest to inform the arrested person of the grounds of arrest.
Chapter VI — Processes to Compel Appearance
Sections 65-99 · 35 sections
Chapter VI deals with processes to compel the appearance of persons before criminal courts, including summons, warrants of arrest, proclamation and attachment of property of absconding persons, and other processes. It includes provisions for electronic service of summons and warrants.
Chapter VII — Processes to Compel the Production of Things
Sections 100-116 · 17 sections
Chapter VII covers search warrants, general provisions relating to searches, seizure of property, and the powers of courts and police officers to compel the production of documents and other things relevant to criminal investigations and trials.
Chapter VIII — Security for Keeping the Peace and for Good Behaviour
Sections 117-141 · 25 sections
Chapter VIII contains preventive provisions empowering Executive Magistrates to require persons to show cause and furnish security for keeping the peace and for good behaviour, including proceedings before and inquiry by Magistrates, orders for security, and consequences of failure to furnish security.
Chapter IX — Order for Maintenance of Wives, Children and Parents
Sections 142-150 · 9 sections
Chapter IX deals with maintenance orders, with Section 144 as the principal provision empowering Magistrates to order maintenance for wives, children, and parents unable to maintain themselves. The BNSS introduces timelines of 60 days for interim maintenance and 90 days for final orders.
Chapter X — Maintenance of Public Order and Tranquillity
Sections 151-165 · 15 sections
Chapter X provides powers to Executive Magistrates for maintaining public order and tranquillity, including Section 163 (equivalent of CrPC Section 144) for issuing prohibitory orders in urgent cases of nuisance or apprehended danger, dispersal of unlawful assemblies, and police powers to prevent cognizable offences.
Chapter XI — Preventive Action of the Police
Sections 166-170 · 5 sections
Chapter XI addresses the preventive role of the police, including powers to prevent cognizable offences, arrest without warrant to prevent such offences, and the duty of police officers to report matters that may affect public order.
Chapter XII — Information to the Police and their Powers to Investigate
Sections 171-199 · 29 sections
Chapter XII is one of the most critical chapters, covering the registration of FIRs (Section 173 -- zero FIR provision), information in non-cognizable cases, investigation procedures, mandatory forensic investigation for serious offences, police powers during investigation, recording of confessions and statements, completion of investigation, and filing of police reports (charge sheets) with timelines.
Chapter XIII — Jurisdiction of the Criminal Courts in Inquiries and Trials
Sections 200-213 · 14 sections
Chapter XIII establishes rules for determining which criminal court has jurisdiction to inquire into and try particular offences, including provisions for the place of inquiry or trial, offences committed during journey or voyage, and offences triable together.
Chapter XIV — Conditions Requisite for Initiation of Proceedings
Sections 214-225 · 12 sections
Chapter XIV sets out conditions precedent for taking cognizance of offences and initiating criminal proceedings, including prosecution sanctions for offences by public servants, limitation periods for taking cognizance, and previous approval requirements.
Chapter XV — Complaints to Magistrates
Sections 226-230 · 5 sections
Chapter XV prescribes the procedure for filing complaints before Magistrates, including the examination of complainants and witnesses on oath, postponement of issue of process, and dismissal of complaints.
Chapter XVI — Commencement of Proceedings before Magistrates
Sections 231-237 · 7 sections
Chapter XVI covers the commencement of proceedings before Magistrates, including supply of copies of police report and other documents to the accused, commitment of cases to the Court of Session, and transfer of cases to other Magistrates.
Chapter XVII — The Charge
Sections 238-252 · 15 sections
Chapter XVII governs the framing of charges against the accused, including the form and content of charges, joinder of charges, alteration and addition of charges during trial, errors in charges, and the effect of errors on the validity of proceedings.
Chapter XVIII — Trial before a Court of Session
Sections 253-268 · 16 sections
Chapter XVIII prescribes the detailed procedure for trial of cases before the Court of Session, including opening of the case by the prosecution, examination of witnesses, right of the accused to present defence, arguments, and procedures for acquittal and conviction.
Chapter XIX — Trial of Warrant-Cases by Magistrates
Sections 269-282 · 14 sections
Chapter XIX provides the procedure for trial of warrant-cases (cases involving serious offences triable by Magistrates) before Magistrates, covering both cases instituted on a police report and cases instituted otherwise than on a police report.
Chapter XX — Trial of Summons-Cases by Magistrates
Sections 283-293 · 11 sections
Chapter XX prescribes the procedure for trial of summons-cases (cases involving less serious offences) before Magistrates, including the substance of accusation, conviction on plea of guilty, acquittal or conviction, and provisions for plea of guilty by post in petty cases.
Chapter XXI — Summary Trials
Sections 294-299 · 6 sections
Chapter XXI provides for expedited summary trial of certain categories of offences, including the power of Magistrates to try summarily, procedure for summary trials, language and contents of the record, and the maximum sentence that may be passed in summary trials.
Chapter XXII — Plea Bargaining
Sections 300-305 · 6 sections
Chapter XXII deals with plea bargaining, allowing accused persons to negotiate pleas for reduced punishment in certain categories of cases. It covers the application for plea bargaining, guidelines for mutually satisfactory disposition, disposal of the case, and the judgment in plea bargaining cases.
Chapter XXIII — Evidence in Inquiries and Trials
Sections 306-322 · 17 sections
Chapter XXIII governs the recording of evidence in inquiries and trials, including the mode of recording evidence, examination and cross-examination of witnesses, recording of evidence by Magistrates, evidence through video-conferencing, and commission for examination of witnesses.
Chapter XXIV — General Provisions as to Inquiries and Trials
Sections 323-372 · 50 sections
Chapter XXIV contains comprehensive general provisions applicable to all inquiries and trials, including compounding of offences, withdrawal from prosecution, power to tender pardon to accomplices, trial of joint offenders, procedure when accused does not understand proceedings, previous acquittal or conviction, trial in absentia of proclaimed offenders, and various procedural safeguards.
Chapter XXV — Provisions as to Accused Persons of Unsound Mind
Sections 373-385 · 13 sections
Chapter XXV prescribes the procedure for dealing with accused persons who are of unsound mind, including inquiry into the unsoundness of mind, procedure when accused is found to be of unsound mind, resumption of trial, custody and release of persons of unsound mind, and delivery of such persons to the care of relatives.
Chapter XXVI — Provisions as to Offences Affecting the Administration of Justice
Sections 386-397 · 12 sections
Chapter XXVI contains provisions for dealing with offences affecting the administration of justice, including contempt of court, offences committed in or near courts, procedure for recording facts constituting such offences, and the power of courts to take cognizance of certain offences.
Chapter XXVII — The Judgment
Sections 398-419 · 22 sections
Chapter XXVII governs the pronouncement and contents of judgments in criminal cases, including the language and form of judgments, order for compensation to victims, payment of expenses from fine amount, order to pay costs, and provisions for copy of judgment to be provided to the accused.
Chapter XXVIII — Submission of Death Sentences for Confirmation
Sections 420-428 · 9 sections
Chapter XXVIII prescribes the procedure for submission of death sentences to the High Court for confirmation, including the powers of the High Court to confirm, reduce, annul, or order retrial, and the procedure for dealing with the convicted person pending confirmation.
Chapter XXIX — Appeals
Sections 429-455 · 27 sections
Chapter XXIX contains comprehensive provisions governing appeals in criminal cases, including appeals against convictions and sentences, appeals against acquittals, appeals by the State, powers of appellate courts, procedure for hearing appeals, and summary dismissal of appeals.
Chapter XXX — Reference and Revision
Sections 456-467 · 12 sections
Chapter XXX deals with reference and revision, including the power of subordinate courts to refer questions of law to the High Court, the revisional jurisdiction of the High Court and Court of Session, powers of revision, and limitations on revisional jurisdiction.
Chapter XXXI — Transfer of Criminal Cases
Sections 468-475 · 8 sections
Chapter XXXI provides for the transfer of criminal cases from one court to another, including transfer by the Supreme Court, transfer by the High Court, transfer by Sessions Judge, and transfer of cases to or from certain courts in the interest of justice or the convenience of parties.
Chapter XXXII — Execution, Suspension, Remission and Commutation of Sentences
Sections 476-489 · 14 sections
Chapter XXXII governs the execution of death sentences, sentences of imprisonment, and fines, as well as the suspension, remission, and commutation of sentences. It also covers mercy petitions with timelines, and provisions for the release of prisoners.
Chapter XXXIII — Provisions as to Bail and Bonds
Sections 490-508 · 19 sections
Chapter XXXIII contains comprehensive bail provisions including bail in bailable offences, bail in non-bailable offences, anticipatory bail, default bail, conditions for bail, bail bonds, and provisions for release of undertrials who have served one-third of the maximum sentence.
Chapter XXXIV — Disposal of Property
Sections 509-517 · 9 sections
Chapter XXXIV prescribes the procedure for disposal of property which is the subject matter of an offence or which has been produced before or is in the custody of the court, including seized property, unclaimed property, and property of persons convicted of certain offences.
Chapter XXXV — Irregular Proceedings
Sections 518-524 · 7 sections
Chapter XXXV contains savings clauses that protect the validity of proceedings notwithstanding certain irregularities such as errors in the place of trial, non-compliance with technical requirements, and other procedural defects that do not occasion a failure of justice.
Chapter XXXVI — Miscellaneous
Sections 525-531 · 7 sections
Chapter XXXVI contains miscellaneous provisions including the saving of inherent powers of the High Court (Section 528, equivalent of CrPC Section 482), power of the High Court to make rules, power of State Government to make rules, repeal and savings, and transitional provisions governing cases filed under the CrPC before the commencement of the BNSS.
Frequently Asked Questions about BNSS
Need a Criminal Lawyer?
Get expert legal advice on matters related to the Bharatiya Nagarik Suraksha Sanhita from verified lawyers across India.
Content reviewed by Adv. Naveen Arya , practicing advocate. Last updated: 11 September 2026.
Find lawyers near you