FROM COLONIAL CODES TO CONTEMPORARY REFORMS: A COMPREHENSIVE STUDY OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Published on: 25th December 2025

Authored by: Santhoshini. R

SASTRA DEEMED UNIVERSITY

ABSTRACT

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), marks a significant change in India’s criminal procedural law. It replaces the colonial-era Code of Criminal Procedure, 1973 (CrPC), and takes effect on July 1, 2024. This reform tackles systemic issues such as complex procedures, case delays, low conviction rates, and insufficient technological use. The BNSS includes 531 sections, up from the 484 sections in the CrPC, and introduces processes focused on citizens, time-bound investigations and trials, required technological integration, better victim protection, and revised bail rules. Important changes include mandatory forensic investigations for serious crimes (punishable by over 7 years in prison), required video recording of search and seizure operations, preliminary inquiry rules under Section 173(3) for certain offenses carrying 3 to 7 years of punishment, and Section 479 provisions allowing bail for first-time undertrials after serving one-third of the maximum sentence. The BNSS reorganizes criminal procedures to prioritize victim protection. It uses digital methods for conducting trials, sets investigative timelines (90 days for minor offenses, 180 days for serious offenses), and requires judges to deliver decisions within 45 days after a trial concludes. These changes aim to provide quick justice as mandated by Article 21 of the Indian Constitution while ensuring fairness and upholding constitutional rights.

INTRODUCTION

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 is a major reform in India’s criminal justice system. It replaces the colonial-era Code of Criminal Procedure (CrPC) 1973 with a modern, citizen-focused, and tech-driven legal framework. The BNSS addresses issues such as long trials, undertrial detention, ineffective investigations, and outdated procedures by setting clear timelines, requiring forensic investigations, and enhancing protections for both the accused and the victims. This approach realizes constitutional guarantees under Article 21 for quick and fair justice. The Supreme Court noted these deficiencies in landmark cases like Hussainara Khatoon v. State of Bihar (1979) and Abdul Rehman Antulay v. R.S. Nayak (1988), asserting that delays in justice equate to justice denied, which undermines constitutional rights and public trust in legal institutions.

Preliminary Inquiry Framework (Section 173(3))

Preliminary Inquiry Framework (Section 173(3)^[1]BNSS Section 173(3) requires a preliminary inquiry for serious offences punishable by three to seven years before filing an FIR, with approval needed from a Deputy Superintendent of Police. This protects constitutional freedoms, especially under Article 19(1)(a), safeguarding expression and preventing arbitrary FIRs in speech-related matters. The Supreme Court in Imran Pratapgadhi v. State of Gujarat^[2] confirmed that this provision stops the misuse of the legal system by requiring careful inquiry instead of automatic FIR registration. This balances investigative initiation with free expression rights. Operationally, police must get written permission in advance, complete the inquiry within 14 days, and inform complainants, with a higher authority review available if the initial case is dismissed. This system improves procedural discipline compared to the CrPC’s unregulated FIR process, fostering responsible and rights-aware policing. Mandatory Forensic Investigation (Section 176) Section 176(3) requires forensic investigations for serious offences punishable by seven or more years in prison, which means forensic experts must gather evidence at crime scenes. This shifts investigations from subjective police work to scientific methods, increasing the reliability of evidence and conviction rates in cases like rape, murder, and trafficking. However, there are challenges to implementation, including limited forensic lab capacity and geographic disparities. The government has initiated a National Forensic Science University to improve access to forensic experts. Judicial support shows that mandatory forensics raises evidence standards and objectivity but highlights the need for better infrastructure and standardized methods.

Mandatory Forensic Investigation (Section 176)

Section 176(3) requires forensic investigations for serious offences punishable by seven or more years in prison, which means forensic experts must gather evidence at crime scenes. This shifts investigations from subjective police work to scientific methods, increasing the reliability of evidence and conviction rates in cases like rape, murder, and trafficking.^[3] However, there are challenges to implementation, including limited forensic lab capacity and geographic disparities. The government has initiated a National Forensic Science University to improve access to forensic experts. Judicial support shows that mandatory forensics raises evidence standards and objectivity but highlights the need for better infrastructure and standardized methods.^[4]

Investigation Timelines and Charge Sheet Procedures (Sections 187 & 193)

The BNSS sets strict investigation timelines: 90 days for crimes carrying less than seven years of punishment and up to 180 days for serious offenses. This contrasts with vague prior provisions. Oversight on detention is reinforced through mandatory satisfaction from magistrates, proper documentation, regular reviews, and limits to prevent indefinite detention. Section 479 extends automatic bail to undertrials upon completing specified portions of their detention, addressing the overcrowding issue where undertrials make up nearly 76% of inmates. These reforms promote accountability for investigation delays and encourage institutions to speed up case processing, protecting detainees’ rights.^[5]

Undertrial Prisoner Protection (Section 479)

Section 479 introduces different bail criteria for first-time offenders, allowing bail after serving one-third of the maximum sentence, while others must serve half before being eligible, except for offenses carrying the death penalty or life imprisonment. It instructs jail superintendents to file bail applications, targeting immediate prison decongestion. However, it does not apply to those under multiple investigations, which some scholars criticize for limiting broader release potential. The Supreme Court has directed systematic identification and mass bail applications to occur by November 2024, potentially releasing over 50,000 undertrials. However, obstacles like a shortage of legal aid and pushback from prosecutors still exist.^[6]

Victim-Centric Mechanisms (Sections 396, 397, 398, 360)

The BNSS makes a significant shift by prioritizing victim protection and involvement in criminal procedures. Section 396 requires timely state-administered compensation for victims, regardless of trial outcomes, addressing shortcomings in the past system that tied compensation to convictions. Section 397 ensures victims of serious crimes get immediate medical aid, breaking down barriers to urgent treatment. Section 398 requires states to create witness protection programs to ensure witness anonymity and safety, which are crucial for fair trials. Section 360 guarantees victims the right to be heard before a case withdrawal, which improves fairness and empowers victims. These rules bring Indian criminal law in line with international standards and recognize the pivotal role of victims in the justice process.

Technological Integration and Digital Transformation

The Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates the use of technology throughout criminal justice procedures to significantly boost efficiency and transparency. It allows video conferencing for trial proceedings involving witnesses, accused individuals, and experts, backed by strict regulations to ensure secure, encrypted communication and strong authentication standards. The law requires audio-video recording during important processes such as search and seizure operations, confession recordings, and collecting forensic evidence. These measures help reduce the risks of tampering with evidence and enhance procedural accountability.^[7]

Additionally, BNSS introduces electronic summons, e-FIR filing, and digital signature verification to streamline court operations, eliminate traditional delays, and improve access to justice. These changes modernise India’s legal system, aligning it with global trends in legal technology and promoting faster, more accessible, and transparent criminal justice processes.^[8]

Implementation Challenges and Institutional Constraints

Despite its positive reforms, the BNSS faces considerable challenges. Judicial vacancies prevent the meeting of strict trial and judgment timelines, with about 20% of sanctioned judge positions unfilled, leading to significant case backlogs. Forensic labs also have insufficient capacity, necessitating investments of over ₹5,000 crore and the training of thousands of professionals. Police face heavy caseloads and a lack of training in handling forensic and digital evidence. Legal aid for victims and undertrials remains inadequate, undermining the effectiveness of the new protections. For BNSS to succeed, it will need institutional readiness, expanded technology infrastructure, and ongoing resource allocation.

Judicial Pronouncements Validating BNSS

Courts have upheld the constitutional validity of the BNSS and broadened its scope beyond traditional criminal law. In Imran Pratapgadhi, the Supreme Court explained that the preliminary inquiry requirement in Section 173(3) safeguards freedom of expression. In Re: Inhuman Conditions in 1382 Prisons, the Court ordered the retroactive enforcement of Section 479, emphasizing humane treatment for undertrials. The Kushal Kumar Agarwal ruling extended BNSS’s protections to cases involving the Prevention of Money Laundering Act, highlighting BNSS’s broad applicability.

Comparative Assessment: BNSS vs. CrPC

Aspect	CrPC 1973	BNSS 2023	Implication
Investigation Timeline	Vague, unenforceable	90/180 days, strictly enforced	Operationalizes speedy justice
Forensic Investigation	Discretionary	Mandatory for 7+ year offences	Enhances evidence integrity
Preliminary Inquiry	Limited to non-cognizable cases	Required for cognizable offences with 3-7 years penalty	Protects free expression under Article 19(1)(a)
Undertrial Bail	Bail after half sentence	Bail after one-third (first-timers), half (others)	Promotes differential, humane treatment
Victim Participation	Minimal	Comprehensive (compensation, protection, hearing)	Victim-centric justice shift
Technology Integration	Technology-neutral	Mandatory digital adoption	Digital justice modernization
Time-Bound Procedures	Advisory, non-binding	Enforceable with penalties	Accountability and procedural discipline

This table reflects BNSS’s comprehensive overhaul of procedural criminal law emphasizing accountability, scientific rigour, rights protection, victim empowerment, and technological advancement.

CONCLUSION

The BNSS 2023 embodies a transformative leap in Indian criminal justice, combining efficiency improvements with more robust protections for rights, victim involvement, and technological integration. While judicial interpretations confirm its constitutional grounding, successful implementation will require focused efforts to address judicial vacancies, forensic capacity, police training, legal aid, and digital infrastructure. Ultimately, BNSS represents a modern criminal procedure code that aligns with constitutional rights and contemporary democratic values, aiming to deliver justice that is faster, fairer, and more humane.

Bibliography

Case Law

Abdul Rehman Antulay v RS Nayak AIR 1988 SC 1531.
Hussainara Khatoon v State of Bihar AIR 1979 SC 1369.
Imran Pratapgadhi v State of Gujarat 2025 SCC OnLine SC 362.
Kushal Kumar Agarwal v Directorate of Enforcement 2025 SCC OnLine SC 642.
Lalita Kumari v Government of Uttar Pradesh (2014) 2 SCC 1.
In re: Inhuman Conditions in 1382 Prisons, Order of August 2024, Supreme Court of India.

Statutes and Rules

Bharatiya Nagarik Suraksha Sanhita 2023.
Delhi High Court, Electronic Evidence and Video Conferencing Rules 2025

Government Publications and Reports

Bureau of Police Research and Development, ‘Standard Operating Procedures for Preliminary Inquiry under BNSS s 173(3)’ (2024).
National Forensic Science University, Government of India (Official Notification).

Judgments and Official Orders