From CrPC to BNSS

Aastha Thakker
Dec 4, 2025
5 min read

For almost fifty years, the Code of Criminal Procedure (CrPC) 1973 shaped the way India handled every stage of a criminal case. Brought into force on 1 April 1974, it laid down the step-by-step process for investigating offences, arresting suspects, gathering evidence, and conducting trials. Beyond functioning as a procedural guide, the CrPC played a crucial role in safeguarding constitutional rights and ensuring that the police, prosecutors, and courts carried out their responsibilities within clearly defined legal limits.

Understanding the CrPC Framework

The CrPC organized India’s criminal courts into a clear hierarchy. At the apex sits the Supreme Court, followed by High Courts in each state, then Sessions Courts at the district level, and finally Judicial Magistrates for minor offences and Executive Magistrates for preventive duties. This structure ensured cases reached the appropriate authority and appeals could flow systematically through the judicial system.

The Code classified offences strategically to guide police and court responses. Bailable offences granted accused persons the right to secure bail, while non-bailable offences required judicial discretion. Cognizable offences allowed police to act without warrants in urgent situations, whereas non-cognizable offences demanded magisterial permission before investigation could begin. This classification system helped balance swift action against serious crimes with protection against overreach in minor matters.

At the operational level, the CrPC detailed every stage of criminal proceedings: how First Information Reports must be filed, how police should conduct investigations, how evidence must be gathered and preserved, how charges should be framed, how different types of trials must proceed, and how judgments should be written and appealed. It introduced important humanitarian provisions including maintenance for dependents, compensation for crime victims, and various protective measures that acknowledged the human cost of criminal justice.

The Need for Reform

Despite its comprehensive nature, the CrPC gradually revealed significant limitations. Designed in a colonial era and enacted in 1973, it simply couldn’t keep pace with modern crime. Digital evidence, cyber offences, electronic communication, and technology-driven fraud fell into procedural grey areas. The absence of provisions for electronic records, digital forensics, and online complaint mechanisms created unnecessary delays and complications.

The language and administrative procedures of the CrPC reflected an older bureaucratic style that slowed implementation. Courts faced mounting backlogs, investigations stretched beyond reasonable timeframes, and the lack of mandatory deadlines allowed cases to languish for years. Witnesses feared appearing in court due to intimidation and travel burdens. The system struggled with undertrial prisoners filling jails, often serving longer in detention than the potential sentence for their alleged crime.

Enter BNSS 2023

On August 11, 2023, the Indian government introduced the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the Lok Sabha as a comprehensive replacement for the CrPC. The proposal was approved, and on December 26, 2023, BNSS officially became the law of the land. This wasn’t merely an update; it represented a fundamental reimagining of criminal procedure for the digital age.

BNSS modernized the foundational language of criminal law while introducing several transformative features. Digital FIRs can now be filed electronically, removing the need for physical presence at police stations for certain offences. Summons, warrants, and notices can be issued via email, SMS, or official digital portals, dramatically reducing delays in notification. Courts must now use electronic case management systems, allow victims and accuse persons to track progress online in real time.

Why BNSS matters to us?

The new law mandates videography for search and seizure operations, creating an unalterable record that reduces allegations of evidence tampering or police misconduct. Forensic investigation becomes mandatory for serious offences punishable with seven or more years imprisonment, bringing scientific rigor to criminal investigation. Witnesses can now testify via video conferencing, protecting them from intimidation while reducing travel burdens and speeding up trials.

Key Differences

Major sections one must know

BNSS Section 176 — Procedure for Investigation:
Defines the structured steps of investigation. It lays out how evidence must be collected, preserved, and documented, and introduces clear timelines to prevent delays.
BNSS Section 178 — Power to Hold Investigation:
Clarifies the authority of police officers to begin and conduct investigations. It allows jurisdiction flexibility, preventing delays caused by territorial disputes.
BNSS Section 180 — Examination of Witness by Police:
Provides updated rules for questioning witnesses. It allows digital/audio-video recording of statements and protects witness identity in sensitive cases.
BNSS Sections 105 & 185 — Mandatory Videography of Search and Seizure
S.105: Makes video recording compulsory during search operations.
S.185: Requires videography of seizure of property or evidence.
This modernization ensures transparency and reduces allegations of tampering.
BNSS Section 184 — Medical Examination of Victims of Rape:
Ensures a timely and sensitive medical examination by registered medical practitioners. Medical samples must be collected, documented, and sent to authorities without delay.
BNSS Sections 193 & 194 — Police Report / Final Report / Charge Sheet: Sets a clear structure for the police report and allows digital submission. Mandatory annexures include evidence lists, statements, forensic reports, and all supporting documents.
BNSS Section 197 — Inquiry and Trial:
Provides detailed guidelines for initiating inquiry or trial. Specifies judicial responsibilities and introduces time-bound steps to avoid unnecessary delay.
BNSS Section 329 — Report of Government Scientific Experts:
Recognizes forensic science experts and gives legal validity to their reports. Courts can rely on these reports without requiring the expert to appear repeatedly.
BNSS Section 35 — Electronic Communication for Summons and Processes:
Allows summons, warrants, and notices to be issued via email, SMS, or official digital portals, reducing delays and improving efficiency.
BNSS Section 173 — Digital FIR / E-FIR / Zero-FIR:
Permits FIR registration electronically for specific categories of offences. A major improvement over CrPC, especially for urgent or online crimes.
BNSS Section 185(2) — Mandatory Forensic Investigation for Serious Offences:
For offences punishable with imprisonment of 7+ years, a forensic team must visit the crime scene, collect samples, and prepare a scientific report.
BNSS Section 349 — Time-Bound Judgment and Appeals:
Judgment must be delivered within 45 days after the trial ends. Appeals must be disposed of within 90 days, promoting faster justice.
BNSS Section 258 — Trial in Absence of Proclaimed Offender:
If the accused deliberately absconds or evades court, the trial can continue without them, preventing misuse of the system.
BNSS Section 360 — Witness Protection & Video-Link Examination:
Allows witnesses to appear through video-conferencing. This reduces intimidation, cuts travel time and speeds up the trial process.
BNSS Section 479 — Release of Undertrials:
Mandates periodic review of undertrial prisoners. First-time offenders may be released after serving one-third of the maximum possible punishment, reducing overcrowding in jails.
BNSS Section 474 — Use of Electronic Devices for Recording Evidence: Allows courts to record evidence using electronic devices such as laptops, audio systems, and digital tools. Modernizes courtroom procedures and reduces paperwork; crucial for cybercrime, financial crime, and digital evidence-heavy cases.
BNSS Section 530 — Online Delivery of Copies, Orders, and Documents:
Permits courts to deliver certified copies of orders, FIRs, charge sheets, and judgments through digital platforms. Removes dependency on physical copies, speeds up access to court documents, and supports e-courts integration.
BNSS Section 230 — Attachment & Confiscation of Property (Digital/Proceeds of Crime):
Strengthens procedures for attaching or confiscating property obtained through criminal activity, including digital assets. Extremely relevant for cybercrimes, crypto frauds, money laundering, and financial scams.
BNSS Section 532 — Electronic Case Management System:
Mandates courts and police to use an electronic case-tracking system for updates, scheduling, and records. Ensures transparency, reduces missing files, and helps victims track case progress online.
BNSS Section 86 — Detention Beyond 24 Hours only through Digital Approval:
Police must seek approval from a magistrate electronically if physical appearance is not possible. Prevents illegal detention, improves oversight, and allows judicial supervision in real time even in remote or urgent situations.