The Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46), or BNSS, is a comprehensive overhaul of criminal procedural law in India, replacing the Code of Criminal Procedure (CrPC) of 1973. It streamlines and modernises criminal investigations, trials, and the enforcement of justice.

Scope and applicability: the BNSS governs everyone in the criminal-justice system — police officers, magistrates, and courts such as Sessions Courts and Judicial Magistrates — establishing a framework for criminal proceedings that protects the rights of the accused while empowering law enforcement to maintain public order.

Key provisions, organised by chapter:

• Arrest and Detention (Chapter V, Sections 35–62): when police may arrest, the rights of the arrested, and the procedure to follow. Section 38 grants the right to an advocate during interrogation.
• Processes to Compel Appearance (Chapter VI, Sections 63–83): issuance and service of summons and warrants.
• Investigation Powers (Chapter XIII, Sections 173–194): powers to investigate cognizable and non-cognizable offences, gathering of evidence, and rights of witnesses.
• Trial Procedures (Chapter XIV, Sections 197–209): jurisdiction of criminal courts and conditions for initiating proceedings.
• Maintenance of Public Order (Chapter XI): unlawful assemblies and public nuisances, and a magistrate's authority to disperse assemblies and keep the peace.

Enforcement is shared by police officers, magistrates, and public prosecutors, with a Directorate of Prosecution overseeing prosecution.

Common use cases include arrest, bail applications, filing FIRs, and navigating the trial process. As with the new substantive code, mapping an old CrPC section to its BNSS equivalent is a frequent research task.

Research this act with Miss Lucy

Ask a question about the Bharatiya Nagarik Suraksha Sanhita in plain English — including "what replaced CrPC Section ___?" — and Miss Lucy finds the provision, the governing case law, and drafts what you need, in minutes.

This page is a research summary, not legal advice. For how the Act applies to a specific matter, consult a qualified advocate.