Every criminal case in India — from the FIR to the final judgment — now runs on a new rulebook. On 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973, which itself descended from colonial-era law. The BNSS keeps most of the old machinery but rewires it for speed, technology, and victims: fixed timelines for investigation and trial, mandatory forensics in serious cases, electronic FIRs, video-recorded searches, and even trials of absconders in their absence. It has also drawn criticism for expanding police powers. This guide explains how the new criminal procedure works, the major reforms, and the debates around them.
Quick answer: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC, 1973 from 1 July 2024. It has 531 sections and governs criminal procedure — FIRs, investigation, arrest, bail, trial, judgment, and appeals. Key reforms: Zero FIR and e-FIR (Section 173), mandatory forensic investigation for offences punishable by 7+ years (Section 176(3)), strict timelines for investigation and trial, trial in absentia of proclaimed offenders (Section 356), mandatory audio-video recording of search and seizure, and broad use of technology. Anticipatory bail is now under Section 482 (formerly CrPC 438).
Why a new criminal procedure code?
The CrPC, 1973 governed criminal procedure for half a century, but chronic delays, low conviction rates, limited use of forensics, and minimal victim participation prompted a complete overhaul. The BNSS — one of the three new criminal laws alongside the Bharatiya Nyaya Sanhita (offences) and the Bharatiya Sakshya Adhiniyam (evidence) — aims to deliver time-bound, technology-driven, victim-sensitive justice, codifying several Supreme Court safeguards while modernising the process end to end.
The structure and scope of the BNSS
The BNSS contains 531 sections (up from 484 in the CrPC) and governs the entire criminal process: how an offence is reported and investigated, how arrests and searches are made, how bail works, how trials are conducted, and how judgments and appeals proceed. It distinguishes, as before, between cognizable offences (police can investigate and arrest without a warrant) and non-cognizable ones (which generally need a Magistrate's order). It applies to proceedings initiated on or after 1 July 2024.
FIR, Zero FIR and e-FIR
The starting point of most cases — the First Information Report — was significantly reformed (Section 173):
- Zero FIR: an FIR for a cognizable offence can be registered at any police station, regardless of jurisdiction, and transferred to the right one — ending the old jurisdictional runaround.
- e-FIR: information can be given electronically, and an electronically filed report must be signed within three days to be formally recorded.
- Free copy: the informant and the victim are entitled to a free copy.
- Preliminary enquiry: for offences punishable between 3 and 7 years, the officer may — with a senior officer's permission — conduct a preliminary enquiry within 14 days before registering, a provision critics say sits uneasily with the Supreme Court's mandate that FIRs be registered promptly for cognizable offences.
Arrest and the rights of the accused
The BNSS codifies several arrest safeguards drawn from Supreme Court rulings: the right to inform a relative or friend of the arrest, the right to consult a lawyer, and limits on arresting the infirm or elderly for less serious offences without senior approval. It also retains medical examination provisions and adds detail on the handling of seized property and electronic devices (Section 94). More controversially, it permits handcuffing in a defined range of cases — a point of debate given earlier judicial restrictions.
Investigation, forensics and timelines
Two reforms stand out here:
- Mandatory forensic investigation (Section 176(3)): for offences punishable with seven years' imprisonment or more, a forensic expert must visit the crime scene to collect evidence, with the process videographed. Because forensic infrastructure has to be built out, this is being phased in over a few years.
- Timelines: the BNSS sets deadlines across the process — for example, investigation in specified sexual-offence cases within two months, supply of documents to the accused within 14 days, framing of charges within 60 days of the first hearing, and judgment within 30 days of the conclusion of arguments (extendable to 45). These aim squarely at the system's chronic delays.
Investigation increasingly relies on scientific and digital evidence, shifting the model away from confession-led investigation.
Bail and anticipatory bail
The BNSS retains the bail framework with changes: anticipatory bail (pre-arrest protection) is now under Section 482 (formerly Section 438 CrPC). For undertrial detainees, first-time offenders are entitled to release after serving one-third of the maximum sentence (others after half) — a measure aimed at decongesting prisons — though this relief is excluded for offences punishable with life imprisonment and for those facing multiple charges, which critics note can limit its benefit.
Trial, judgment and trial in absentia
A landmark reform is trial in absentia (Section 356): if a person is declared a proclaimed offender and has absconded with no immediate prospect of arrest, the court can — after recording reasons — proceed with the trial and pronounce judgment in their absence, treating the absconding as a waiver of the right to be present. It's reserved for serious offences and includes safeguards, such as representation by a lawyer for cross-examination. This targets the long-standing problem of fugitives stalling justice indefinitely. The BNSS also expands electronic trials and video-conferencing, and tightens timelines for delivering judgments.
Technology and victim rights
The BNSS is the most thorough digitisation of Indian criminal procedure to date: e-FIRs, e-summons, electronic service of notices, video-conferenced proceedings, and digital case records, plus mandatory audio-video recording of search and seizure (forwarded to the Magistrate). On the victim side, it strengthens participation — an investigation-progress update within 90 days, the right to be heard before bail in serious cases, a statutory footing for witness protection, and victim-compensation provisions.
The criticism and concerns
For balance, it's worth noting the debates. Supporters see the BNSS as a long-overdue, technology-led modernisation that codifies rights and tackles delay. Critics raise concerns that some provisions expand police powers (extended police custody arrangements, the discretionary preliminary enquiry, broader powers to seize devices, handcuffing), that vague standards leave room for misuse, and that implementation depends on forensic and digital infrastructure that many districts still lack. As with any major reform, much will turn on how courts interpret the new provisions and how the system is resourced.
Worked example
A serious assault (an offence punishable with more than seven years) is reported. Under the BNSS, the victim can register a Zero FIR at the nearest police station, or file an e-FIR (signing within three days), and receives a free copy. Because the offence carries 7+ years, a forensic expert must visit the scene and collect evidence, with the process videographed (Section 176(3)). The investigation runs against statutory timelines, the search and seizure are audio-video recorded, and the victim gets a progress update within 90 days. If the accused absconds and is declared a proclaimed offender, the court can ultimately proceed to trial in absentia (Section 356) — a path that didn't broadly exist under the old Code.
Key takeaways
- The BNSS replaced the CrPC, 1973 from 1 July 2024 (531 sections).
- Zero FIR and e-FIR (Section 173) let you report anywhere, electronically.
- Forensic investigation is mandatory for offences punishable with 7+ years (Section 176(3)).
- Strict timelines apply to investigation, charge framing, and judgment.
- Trial in absentia of proclaimed offenders is now allowed (Section 356).
- The reforms expand technology and victim rights — and have drawn criticism over police powers and infrastructure.
Frequently asked questions
What replaced the CrPC? The Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.
Can I file an FIR online under the BNSS? Yes. Section 173 allows electronic (e-FIR) filing, which must be signed within three days, and Zero FIR registration at any police station.
When is forensic investigation mandatory? For offences punishable with seven years' imprisonment or more, a forensic expert must visit the crime scene (Section 176(3)), being phased in as infrastructure develops.
What is trial in absentia under the BNSS? Under Section 356, a court can try a declared proclaimed offender who has absconded, and pronounce judgment in their absence, for serious offences with safeguards.
Where is anticipatory bail now? Under Section 482 of the BNSS (formerly Section 438 of the CrPC).
This article is for legal awareness and education only and is not legal advice. The BNSS is being implemented in phases and is still being interpreted by courts; consult a qualified criminal advocate for any specific matter.