GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR

SEMESTER: 4TH

SUBJECT: LAW OF CRIMINAL PROCEDURE CODE

TOPIC

NAVIGATING LEGAL EVOLUTION: UNRAVELING CRPC TO BNSS KEY TRANSFORMATIONS

SUBMITTED BY:

ISHIKA SHARMA (22BCL012)

SLOKA V. CHANDRA (22BWL031)

SUBMITTED TO:

MS. DIPSHREEYA DAS

ASSISTANT PROFESSOR OF LAW

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TABLE OF CONTENT

ABSTRACT..................................................................................................................................3

INTRODUCTION..........................................................................................................................3

LITERATURE REVIEW...............................................................................................................4

METHODOLOGY AND RESEARCH METHODS...........................................................................6

KEY CHANGES INTRODUCED IN BNSS....................................................................................7

KEY ISSUES AND ANALYSIS.......................................................................................................9

SUGGESTIONS/ RECOMMENDATIONS......................................................................................10

CONCLUSION............................................................................................................................11

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ABSTRACT

The transition from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik
Suraksha Sanhita (BNSS) in 2023 marks a significant milestone in India’s legal system
landscape. The CrPC has been replaced by the BNSS, which aims to modernize judicial
procedures, increase technology utilization, and strengthen safeguards for witnesses and
victims By analyzing these changes, we may better understand how the criminal justice
system operates and affects the lives of individuals, law enforcement, and the court. While
debates still exist around this legal revolution, the BNSS aims to improve victim and witness
protection, broaden police capacities, integrate technology, expedite justice delivery, and
rectify shortcomings. Its effect on the Indian legal system is still being investigated and
assessed.

This paper meticulously examines the pivotal changes introduced by the BNSS,
encompassing terminology shifts, procedural enhancements, and provisions related to mental
health. This paper aims to illuminate the transformative journey by juxtaposing the two legal
frameworks. In this paper, we will focus on the key transformations that took place in BNSS
and analyze the key issues. This paper will also recommend some suggestions that can be
adopted to make BNSS more efficient for the existing system and society.

INTRODUCTION

There are three laws in India that deal with criminal law. They are the Indian Evidence Act
(IEA), which is primarily a procedural law but also functions as substantive law in some
circumstances; the Indian Penal Code (IPC), which is a substantive law; and the Code of
Criminal Procedure (CrPC), which is a procedural law.

Following the uprising in 1857, the British instituted the CrPC. Over the years, the code has
undergone numerous revisions. There were two schedules, 37 chapters, and 484 sections. 1 It
is essential to the criminal courts' ability to operate. It establishes the hierarchy of courts,
divides criminal types into four major groups, and lays out the process for the inquiry and
investigation carried out by the police and magistrate, respectively. The act's provisions
forbid any person from abusing their position of authority. As a result, it guarantees a free and

1
Criminal Procedure Code,1973 (Act No. 2 of 1974).
3
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fair trial and guards against violations of an arrested person's fundamental rights under Article
22.2

On August 11, 2023, Union Home Minister Amit Shah presented three new criminal
legislation bills to the parliament. The Bharatiya Nyaya Sanhita Bill, 2023 (BNS) replaces the
Indian Penal Code (IPC), 18603, prioritizing offenses against women, children, and murder.
The Bhartiya Nagrik Suraksha Sanhita Bill, 2023 (BNSS) replaces the Criminal Procedure
Code,19734 (CRPC) in order to modernize arrests, bail, and investigation provisions,
emphasizing victim and witness protection. Lastly, the Bharatiya Sakshya Bill, 2023 (BSB)
replaces the Indian Evidence Act of 18725, addressing electronic evidence and streamlining
the legal framework.

The parliament recommended that BNS, BNSS, and BSB be modified in a few ways. As a
result, these legislations were pulled, and on December 12, 2023, they were reintroduced. On
December 21, 2023, the Parliament finally passed them. On December 25, 2023, the
president gave them his consent after that. The formal announcement states that the three bills
will go into effect on July 1, 2024, despite receiving ratification.

The purpose of the new legislation is threefold: first, to lighten the burden on the courts;
second, to bring definitions and penalties up to speed with the realities of contemporary
India; and third, to include forensics and technology.

LITERATURE REVIEW

1. “REVAMPING THE BRITISH ERA LAWS: IPC, CRPC AND EVIDENCE ACT” BY

ARSHDEEP SINGH & SALONI SHARMA6

This paper compared BNSS from the Parliamentary Standing Committee report with CrPC.
Some key provisions are custody period, trial, use of technology, safeguards for accused
persons, community justice, Bail of CrPC and BNSS. It compares the provided under BNSS
and CrPC. The custody period under BNSS is for 15 days under S187; under CrPC Section
167, it was 90 days. Trail in absentia (to put a person on trial before the court of law in his
absence) under Section 228 of BNSS this has been allowed but in CrPC section 204
2
The Constitution of India, art. 22.
3
Indian Penal Code, 1860 (Act No. 45 of 1860).
4
Criminal Procedure Code,1973 (Act No. 2 of 1974).
5
Indian Evidence Act, 1872 (Act No. of 1872).
6
Singh, Arshdeep, and Saloni Sharma. "Revamping the British era laws: IPC, CRPC and Evidence Act" IJLLR
(2023)
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prevented it. Use of technology has been allowed under Section 229 BNSS, and in CrPC,
there was no such specific provision. Community justice has been added in BNSS which was
not there in CrPC. These are the new key features that have been added.

2. “AN EXHAUSTIVE COMPARATIVE ANALYSIS OF CODE OF CRIMINAL

PROCEDURE, 1973 AND BHARATIYA NAGARIK SURAKSHA SANHITA, 2023” BY

SUNISHTH GOYAL7
The blog describes the changes made by BNSS. It mentions five positive aspects of BNSS the
removal of archaic terms, providing clarity in the procedure, positive, progressive safeguards,
provision of electronic/digital alternatives for existing processes, and Expediting processes
and/or making processes time-bound. and negative aspects of BNSS, like the expanded power
of specimen collection from individuals without a history of arrest, the formal reintroduction
of handcuffs in arrests, and the increased authority for police in seizure and attachment of
property. The shift in the state government's power in remitting or commuting a sentence
from 'consultation' to 'concurrence' may lead to disputes over state autonomy.

3. “COLONIAL TO CITIZEN-CENTRIC: REVAMPING INDIA’S CRIMINAL JUSTICE

SYSTEM” BY KONINA MANDAL8

The article talks about how the Rajya Sabha recently passed three criminal law measures
(BNS, BNSS, BSB) that seek to replace India's important legal codes. Critics raise worries
about flimsy modifications and possible problems, casting doubt on the legitimacy of these
changes in really decolonizing the Indian criminal justice system. The Bharatiya Nagarik
Suraksha Sanhita (BNSS) is closely examined for potential changes, police authority
expansions, and effects on the accused person's rights. Despite skepticism, the paper
acknowledges the potential advantages of modernizing legal systems for improved protection
and criminal response. The author recognizes that modifications have the potential to advance
and hence calls for their consideration.

4. “LEGAL EVOLUTION IN INDIA: TRANSITIONING FROM COLONIAL LEGACIES

TO NEW FRONTIERS- AN IN-DEPTH ANALYSIS OF BHARATIYA NYAYA SANHITA,

7
Sunishth Goyal, “An Exhaustive Comparative Analysis of Code of Criminal Procedure, 1973 and Bharatiya
Nagarik Suraksha Sanhita, 2023”, Bar and Bench, Aug. 20, 2023.
8
Konina Mandal, “Colonial to citizen-centric: Revamping India’s criminal justice system”,
https://pure.jgu.edu.in/id/eprint/7185/1/sundayguardianlive.com-Colonial%20to%20citizen-centric
%20Revamping%20Indias%20criminal%20justice%20system.pdf (last visited on Feb. 21, 2023).
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BHARATIYA NAGARIK SURAKSHA SANHITA, AND BHARATIYA SAKSHYA BILL IN

2023” BY ADVOCATE CHITRANJALI NEGI9
The paper delves into India's legal evolution, focusing on safeguarding women and children's
rights, combatting transnational crime, and enhancing justice delivery. It highlights measures
such as the introduction of the death penalty for crimes against minors and redefined sedition
laws. Emphasis is placed on digitizing the criminal justice system, forensic science's role, and
law enforcement accountability. Additionally, proposals for summary trials and timely charge
notifications aim to expedite justice. The paper underscores the importance of effective
implementation to realize the potential impact of these legal reforms.

5. “BHARATIYA NAGARIK SURAKSHA SANHITA – AN ANALYSIS” BY SAKSHAM

SHARMA10
The Blog draws attention to the deficiencies of the CrPC laws. One of the most significant
problems is that there is a lack of confidence in the criminal justice system, which results in
under-reported crimes. This is the reason why they do not report the crimes. An additional big
problem is that it is costly, and there is a lack of awareness about the processes involved in
criminal situations. Despite the fact that they have access to attorneys who work for free, this
is the case.

METHODOLOGY AND RESEARCH METHODS

This study aims to decipher the legislative development from CrPC to BNSS, emphasizing
the significant changes that have occurred. The study uses a thorough methodology
incorporating primary and secondary data to comprehend these changes. An analysis of the
primary sources, like the bare Acts of CrPC, the bare Act of BNSS, and the report presented
by the Standing Committee on Home Affairs 11, are some of the key sources that offer a basic
grasp of the relevant legal statutes.

Furthermore, various secondary sources have been explored to enhance and complement our
findings. These include periodicals, law reviews, and papers pertaining to the area of criminal

9
Advocate Chitranjali Negi, “Legal Evolution in India: Transitioning from Colonial Legacies to New Frontiers-
An In-depth Analysis of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya
Bill in 2023”, SSRN (2023).
10
Saksham Sharma, “Bharatiya Nagarik Suraksha Sanhita – An Analysis”,
https://voiceofbarristers.com/bharatiya-nagarik-suraksha-sanhita-an-analysis/ (last visited on Feb. 21, 2023).
11
Government of India, Report of the Committee on Reforms of Criminal Justice System (Ministry of Home
Affairs, 2003).
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law. Furthermore, we utilize insights from the Criminal Manual, which add important angles
to our investigation.

A comprehensive analysis of the legal framework is ensured by integrating data from these
various sources, which makes it simpler to comprehend the subtle differences and nuances
between the CrPC and BNSS legal frameworks.

This research project has delved into several essential questions, elucidating their significance
and providing comprehensive answers. The questions are as follows:

 How have the key transformations from CrPC to BNSS impacted the procedural
aspects of criminal law?
 To what extent does BNSS address issues in achieving prompt justice, and how can
citizen-centricity be improved?
 What are the key issues that still exist after the transformation from CrPC to BNSS?

KEY CHANGES INTRODUCED IN BNSS

The majority of the CrPC's provisions are still in the BNSS. Important Changes that are
suggested are as follows:

 UNDERTRIAL DETENTION
In accordance with the CrPC, an accused individual must be released on personal bail
after serving half of the allowed amount of time in custody. This does not cover crimes
carrying a death sentence. Furthermore, according to the BNSS2, this clause will not
apply to individuals who are the subject of ongoing legal processes for more than one
offense, or to offenses carrying a life sentence.12

 MEDICAL EXAMINATION
In certain situations, including rape trials, the CrPC permits the accused to undergo
medical examination. A certified medical professional does this kind of examination at
the request of a police officer, at minimum, the rank of sub-inspector. Any police officer
may seek such an examination, according to the BNSS.

 FORENSIC INVESTIGATION

12
Chitranjali Negi, "Legal Evolution in India: Transitioning from Colonial Legacies to New Frontiers- An In-
depth Analysis of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill in
2023", SSRN 03-06 (2023).
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Under the BNSS, every offense carrying a minimum sentence of seven years in prison
must undergo forensic inquiry. In these situations, forensic specialists will go to crime
sites to gather evidence and document the proceedings using a cell phone or other
technological equipment. A state must use forensics facilities located in another state if it
lacks its own.

 FINGER IMPRINTS AND SIGNATURES

A magistrate may require someone to provide sample handwriting or signatures under the
CrPC. The BNSS extends this to accommodate voice samples and finger imprints. It
makes it possible to get these samples from someone who hasn't been taken into
custody.13

 PROCEDURE TIMELINES
The BNSS specifies deadlines for a number of different processes. For example, medical
professionals who examine victims of rape are required to report their findings to the
investigating officer within seven days. Additional deadlines are as follows: (i) a decision
must be made within 30 days after the conclusion of the arguments (with a 45-day
extension possible); (ii) the victim must be notified of the investigation's progress within
90 days; and (iii) a sessions court must frame charges within 60 days of the charges' first
hearing.14

 COURT HIERARCHY
The Criminal Procedure Code (CrPC) creates a court hierarchy in India for the resolution
of criminal cases. These courts are (i) Sessions Courts, which are presided over by
Sessions Judges and hear appeals from Magistrate's Courts; (ii) High Courts, which have
inherent jurisdiction to hear and decide criminal cases and appeals; and (iv) the Supreme
Court, which hears appeals from High Courts and also exercises its original jurisdiction in
certain cases. The CrPC gives state governments the authority to designate as a
metropolitan region any city or town having a population of one million or more. There
are Metropolitan Magistrates in these districts. The designation of metropolitan regions
and Metropolitan Magistrates is eliminated by the BNSS.15

13
Ibid.
14
Soumya Gulati, Shweta Sahu, Alipak Banerjee & Vyapak Desai, “Navigating through Criminal Law Reforms:
Part II - Review of Bharatiya Nagarik Suraksha SNYanhita, 2023, replacing the code of criminal procedure,
1973”, https://www.nishithdesai.com/NewsDetails/14897 (last visited on Feb. 23, 2023).

15
Criminal Procedure Code,1973 (Act No. 2 of 1974).
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 COMPASSIONATE REFORM
In line with the Mental Healthcare Act 2017, provisions for accused individuals with
mental illness have been updated to be more sensitive. The BNSS substitutes insensitive
terminology like “lunatic person” and “person of unsound mind”. It uses more polite
terms like “having an intellectual disability” or “person with mental illness.” This change
seeks to decrease criminal justice stigma and foster compassion.16

KEY ISSUES AND ANALYSIS

 EXPANSION OF THE POWERS OF THE POLICE MAY TAKE PLACE IN BNSS

The Criminal Procedure Code regulates the authority of law enforcement to uphold public
safety, deter criminal activity, and conduct criminal inquiries. Arrests, incarceration,
searches, seizures, and the use of force are among these authorities. These authorities are
limited in order to protect people from the abuse of police power that results in the
disproportionate use of force, unlawful detentions, torture of inmates, and abuse of power.

 MODIFIED POLICE CUSTODY PROCEDURE

Detention in police custody for more than 24 hours is forbidden under the Constitution
and the CrPC. If the inquiry cannot be finished in a day, the magistrate has the authority
to prolong it for up to fifteen days. If he is convinced that there are sufficient reasons to
do so, he may decide to prolong judicial custody beyond the first 15 days. Overall
incarceration, however, is limited to either 60 or 90 days, depending on the offense. This
process is modified by the BNSS. It further says that within the first 40 or 60 days of the
60 or 90-day term, the 15-day police custody might be authorized in whole or in part at
any moment. If the police contend that they must return the individual to police custody,
this might result in bail being rejected during this time.

 VIOLATION OF THE ACCUSED'S PERSONAL LIBERTY

The BNSS permits handcuffs to be used during an arrest. Handcuffs may only be used to
the following situations: (i) an individual who has escaped from jail and is a chronic or
repeat offender; or (ii) an individual who has committed crimes such as acid attacks,
rapes, organized crime, drug-related crimes, or crimes against the State. The clause goes
against both National Human Rights Commission standards and Supreme Court rulings.

16
Mental Healthcare Act, 2017 (Act No. 10 of 2017).
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The Standing Committee (2023) suggested that economic offenses be taken off of the list
of offenses for which handcuffs may be used. This category was eliminated by the
BNSS.17

 PROTECTIVE MEASURES FOR PROPERTY ATTACHMENT

Crime-related wealth is gained directly or indirectly. The CrPC allows police to seize
property if it is (i) stolen or (ii) found under suspicious circumstances. This only applies
to moving objects. Also applies to immovable properties, under BNSS. BNSS seized
property regulations vary from PMLA 2002. Certain PMLA offences allow seizure of
money laundering property.18

 OVERLAPS WITH THE LEGISLATION ALREADY IN PLACE

Specialized laws have been established throughout the years to control the many different
components of criminal proceedings. The BNSS, the other hand, continues to use some
of the processes.

SUGGESTIONS/ RECOMMENDATIONS

 TACKLING DISCONNECTS BETWEEN THE GOAL OF PROMPT JUSTICE AND THE

SUGGESTED LAWS

Deadlines for investigations, trials, and verdicts drive the BNSS's objective of fast justice, but
how they will be enforced is unclear. Furthermore, it's unclear how these dates were obtained
and whether national trial court data was utilized.

This ignores subpar investigation methods, improper summons service, insufficient police
and prosecutorial scrutiny, inadequate logistics to handle the volume of criminal matters, and
overcriminalization, which all delay criminal proceedings.

Impact assessment tests must be conducted to determine the police and judicial consequences
of these timelines. A detailed analysis of criminal procedural norms is needed to discover
misuse or disdain for processes and regulations that prolong investigations and trials.

 CITIZEN-CENTRICITY IN THE CRIMINAL JUSTICE SYSTEM

The BNS and BNSS still dislike Indians and allow the police considerable discretion to detain
them. The court and police systems are colonial vestiges, and the BNSS criminal justice
17
Government of India, Report of the Committee on Reforms of Criminal Justice System (Ministry of Home
Affairs, 2003).
18
Prevention of Money-Laundering Act, 2002 (Act No. 15 of 2003).
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system does not change them. The Bill seems to have missed the potential to create a citizen-
friendly criminal justice system.

Another colonial remnant, police abuses, are not addressed by these measures. The Police Act
of 186119 must be carefully updated to alter the criminal justice system completely. Biometric
and face recognition technology are widely used to help police enforcement nationally, but
the Bharatiya Sakshya Bill, 2023 (BSB) does little to regulate them.

 USING LANGUAGE OF THE STATUTE THAT EMPOWERS CITIZENS

Setting out what behaviour will be penalised is one of the goals of criminal law, allowing
individuals to behave appropriately in their dealings with one another. But the usage and use
of nebulous terms like "obscenity," "promoting disharmony," "misleading information," and
so forth allow the police to act arbitrarily and establish imprecise standards for citizen
conduct.

The terms of the legislation must be clear and understandable rather than vague and
antiquated for it to be citizen-centric. It would be preferable to create the three laws using
plain English to guarantee that they are Simple, Accessible, Rational, and Actionable
(SARAL).

CONCLUSION

In conclusion, this research examined how India's legal system will change in 2023 when it
switches from the Code of Criminal Procedure (CrPC) to the Bharatiya Nagarik Suraksha
Sanhita (BNSS). Examining significant modifications, the research emphasized the BNSS's
emphasis on updating, using technology, and safeguarding witnesses and victims. The
research elucidated the transformative journey between the two legal frameworks by
examining terminology, procedures, and mental health provisions shifts.

The influence on criminal justice procedures, the pursuit of timely justice, and challenges that
linger after transition were among the key findings that were addressed. Notable BNSS
modifications that were closely examined included compassionate reform, medical
examinations, and undertrial imprisonment. The research emphasized worries about the
possible extension of police authority, altered protocols for detention, and the infringement of
individual rights by the use of handcuffs.
19
Police Act, 1861 (Act No. 5 of 1861).
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The study advances knowledge of the ways in which changes in the law impact people, law
enforcement, and the courts. The recommendations include clarifying legislation language,
improving citizen-centricity, and eliminating disconnects for timely justice. As the BNSS
develops, further research will highlight its effects on the Indian legal system and lead to
important conversations about justice, rights protection, and the legal system's effectiveness
in modern India.

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