BNSS 2023 – UNDERSTANDING KEY REFORMS AND CHANGES

ABSTRACT

Bharatiya Nyaya Suraksha Sanhita (2023) aims to renovate India’s criminal justice system by introducing mandatory forensic tests, expanding the authority to request medical examination, revising bail conditions, and expanding the police’s custody. It also discusses new definitions like ‘electronic communication’ and ‘bail bond,’ and removes certain roles such as Metropolitan Magistrates and Assistant Sessions Judges. Although these changes aim to modernise and speed up the justice process, they raise concerns relating to privacy or potential misuse of power.

INTRODUCTION

India’s criminal justice system has been criticised for a long time for being outdated, very complex, and ingrained in the colonial era justice system. To address this, the Government of India introduced three new laws while keeping in mind the contemporary challenges that today’s legal system faces. Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023. These laws replaced the India Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and India Evidence Act (IEA)1872, respectively.

 The Bharatiya Nagarik Suraksha Sanhita, 2023, was introduced in the Lok Sabha on 11th August, 2023. It proposes to replace ‘The Code of Criminal Procedure, 1973’, which inter alia regulates the procedure for arrest, investigation, inquiry, and trial of offences under the Indian Penal Code and any other law governing criminal offences^[1].

This article focuses on the BNSS 2023, examining key reforms, additions, and concerns regarding their compatibility with constitutional protections like privacy, fair trial, and due process.

 ANALYSIS OF NEW PROVISIONS AND PUBLIC CONCERNS

1. Collection of voice samples and fingerprint impressions – The CrPC empowered the Magistrate to provide specimens for handwriting and signature. The BNSS expands this to include finger impressions and voice samples. Such data may be collected from convicts, those who have been arrested for an offence, or non-accused persons as well, and can be stored for up to 75 years.[2] Now, the first concern is regarding the Criminal Procedure (Identification) Act, 2022 ^[3] Which has the authority to collect a wide range of data, including the one mentioned above, so why does BNSS include similar or expanded provisions that create ambiguity and confusion in enforcement? This also highlights a lack of coordination in drafting. The second concern is about data privacy and why this data needs to be stored for so long, which raises questions about the right to privacy under Article 21 of the Indian Constitution.
2. Forensic Investigations – The Bill mandates the collection of forensic samples from a crime scene for offences punishable with seven or more years. Forensic investigators will collect samples from and record videos through any electronic device, such as a mobile phone. It mentions that if a particular state does not have any forensic facility, it shall utilise the facilities of other states. Although this is an important step that has been taken, it raises several concerns, such as a lack of infrastructure, which includes equipment, trained professionals and forensic labs. According to Press Information Bureau. There are 07 Central Forensic Science Laboratories (CFSLs) in the country, located at Chandigarh, Delhi, Bhopal, Pune, Kolkata, Guwahati, and Hyderabad, and 32 state/ UT laboratories. Other concerns, like overburdening and understaffing, may lead to delays in getting reports and loss or contamination of evidence during transportation.
3. Medical examination – According to CrPC, a medical examination of the accused can be requested to be performed by a registered medical practitioner on the request of at least a sub-inspector, but the new bill suggests that any officer can request such an examination. On one hand, this reform can speed up the investigation process, but raises some major concerns like misuse of this sensitive data and invasion of privacy if later the accused is found to be innocent. More harm would be done to the vulnerable groups, such as women, children, and people with low incomes.

KEY REFORMS

Police Custody – The CrPC prohibits detention in police custody beyond 24 hours. The Magistrate is empowered to extend it up to 15 days in case the investigation cannot be completed within 24 hours.  He may further extend judicial custody beyond 15 days if he is satisfied that adequate grounds exist to do so.  ^[4] The new bill allows police custody to be given in various parts during the detention period, which can be 40 days and can extend up to 60 days or even 90 days, depending on the case. Also, the police do not have to give reasons for asking for someone’s custody who is in judicial custody.

Bail restrictions – According to CrPC, an undertrial can be released from jail once he/she has completed half of the total punishment for the offence on personal bond, i.e, he/she will be present in court when asked to do so and comply with the instructions given by the authority this provision is not applicable in cases where the offence committed by the person is punishable by death. In BNSS, a first-time offender can be released after they complete one-third of their sentence. There will be no release made for offenders who have been sentenced to life imprisonment, and if an investigation or inquiry in one or more cases is pending. [5]

Usage of handcuffs- The BNSS provides for the the usage of handcuffs (i) habitual or repeat offenders, (ii) those those who escaped from custody, (iii) those who those who committed offences of organised crime, terrorist acts, drug-related crime, or illegal possession of arms and ammunition. (iv) murder, rape, acid attack (v) counterfeiting of coins and currency notes[6]. Although the usage of handcuffs is inhumane as it violates Article 21 of the constitution in extreme cases, as mentioned earlier, the authority may record the reason to do so.

KEY ADDITIONS AND CHANGES MADE IN BHARATIYA NYAYA SURAKSHA SANHITA, 2023

The BNSS introduces several new terms and changes to improve the overall criminal justice system. These updates will bring in more efficiency and help resolve the contemporary challenges.

Additions

1. Section 2(1)(a) “audio-video electronic means” which includes the usage of an electronic device for video conferencing, recording process of identification, search, seizure and other purposes as per the rules given by the state government. [7]
2. Section 2(1)(b) “bail” [8]Which states the release of a person accused or suspected of the commission of a crime from the custody of the law upon certain conditions issued by the authority in charge.
3. Section 2(1)(d) “bail bond”[9] which requires a third party to pay for the bail to ensure the released person appears in court, and if he/ she fails to do so, the surety has to pay.
4. Section 2(1)(e) “bond” undertaking without surety.
5. Section 2(1)(i) “electronic communication” any communication that is verbal, written, pictorial or video transferred or transmitted from one person to another through electronic devices such as a mobile phone, computer, etc.
6. Section 86 Identification and attachment of property of proclaimed person.
7. Section 107: Attachment, forfeiture or restoration of property derived from criminal activities.
8. Section 472 Mercy Petition in death sentence cases. This section allows the convict or their legal heir or any other relative to file a mercy petition within 30 days under Article 72[10] before the President of India and under Article 161[11] before the Governor of the concerned state.

Changes

NOTE – This section highlights only a few major changes; not all changes are listed here. For a full overview, refer to the complete BNSS 2023^[12].

1. Section 2(1)(y) “victim”: The words “for which the accused person has been charged and the expression victim” are replaced by “of the accused person” etc.
2. Section 6 Classes of Criminal Courts: Words in any Metropolitan area, Metropolitan Magistrates are excluded.
3. Section 8 “Court of Session”: Assistant Sessions Judges excluded. New subsections (7) and (8) are added. Under this bill, the positions of Judicial Magistrate of the third class, Metropolitan Magistrate, and Assistant Session Judges have been abolished.
4. Section 23 Sentences which Magistrates may pass (which were previously written in section 29 or CrPC ). Change in amount of fine: ten thousand is replaced by fifty thousand, and five thousand is replaced by ten thousand.
5. Section 35 When police may arrest without warrant: new subsection 7 is added “No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is inform or is above sixty years of age.”

Although these changes are a step forward in bringing about change, they must be carefully used to maintain accountability and uphold the Fundamental Rights.

CONCLUSION

Bharatiya Nyaya Suraksha Sanhita, 2023, represents an ambitious attempt to modernise India’s criminal justice system. The legislation’s success will depend not merely on its provisions but on the quality of implementation, the strength of accountability measures and the commitment of institutions to sustain both efficiency and justice.

REFERENCES

^[1] Standing Committee on Home Affairs, Report No. 247 on BNSS, 2023, ch I, Genesis, para 1.8.

^[2] PRS Legislative research, ‘The Bharatiya Nyaya Suraksha Sanhita, 2023’ < https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023 > accessed 7th July 2025.

^[3] Ministry of Home Affairs, The Criminal Procedure (Identification) Act, 2022. <https://www.mha.gov.in/sites/default/files/2022-11/CriminalPro_14112022%5B1%5D.pdf > accessed 8^th July 2025.

^[4] PRS Legislative research, ‘The Bharatiya Nyaya Suraksha Sanhita, 2023’ < https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023 > accessed 10th July 2025.

^[5] PRS Legislative research, ‘The Bharatiya Nyaya Suraksha Sanhita, 2023’ < https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023 > accessed 10th July 2025.

^[6]  THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, section 43(3) < https://shorturl.at/h7cE2 >.

^[7] Hemant More, ‘Audio -Video Electronic Means S. 2 (1) (a) BNSS’ Legal Quotient, 29 April 2024.

^[8] Surendra Singh, ‘Section 2 of BNSS’ (BNS Sections, 29 June 2025) < https://bnssections.com/section-2-of-bnss/ > accessed 10 July 2025.

^[9] Md Imran Wahab, ‘Grant and Cancellation of Bail in Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Key Changes’ (n.d.) < https://shorturl.at/n0Vnv > accessed 10 July 2025.

^[10] The Constitution of India, art 72.

^[11]The Constitution of India, art 161.

^[12] Bharatiya Nagarik Suraksha Sanhita, 2023, Gazette of India, Ext No 250884, dated 25^th Dec , 2023 <https://egazette.gov.in/WriteReadData/2023/250884.pdf > accessed 10th July 2025.