Comparative study of CRPC and BNSS: Key changes and their impact

Aryan Purushottam
2nd year
Chanakya University
B.A. LL.B. (Hons)
Introduction

The Code of Criminal Procedure, 1973 (CrPC) has been the backbone of India’s criminal
justice system for decades, ensuring procedural fairness and justice. However, with evolving
socio-legal needs, technological advancements, and the necessity for a more efficient and
responsive justice system, the Government of India introduced the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS)1 as a comprehensive replacement for the CrPC. The BNSS
aims to streamline criminal procedures, enhance transparency, and reduce delays in the
administration of justice.
The CrPC, enacted in 1973, governs criminal procedural law in India, detailing the investigation,
prosecution, and adjudication of criminal offenses. It provides for powers of law enforcement,
trial procedures, bail provisions, and appeals. Despite its structured approach, over time, various
inefficiencies, delays, and challenges emerged. The growing pendency of cases, issues in witness
protection, and delays in filing chargesheets highlighted the need for reform.
The BNSS, 2023, introduced by the Government as part of a broader initiative to modernize
criminal laws alongside the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya
Adhiniyam (BSA), seeks to address the lacunae in CrPC. It incorporates technological
advancements, fast-tracks judicial processes, strengthens victim rights, and improves the overall
efficiency of the criminal justice system. Key changes include provisions for electronic
communication, stricter timelines for investigation and trial, increased police accountability, and
enhanced victim protection.
One of the most significant transformations under BNSS is the emphasis on digital and
electronic processes. The new code permits electronic filing of complaints, digital evidence
submission, and online service of summons, reducing procedural bottlenecks. Another major
reform is the reduction in investigation timelines—under BNSS, stricter deadlines ensure that
investigations and trials are completed within specified time frames, minimizing prolonged
detention of the accused.
The BNSS also strengthens the rights of victims, ensuring better witness protection
mechanisms, provisions for victim compensation, and increased accountability of law
enforcement. Additionally, it introduces reforms in custodial procedures and anticipatory bail
provisions, ensuring that justice is both effective and humane.
Despite these advancements, the transition from CrPC to BNSS brings certain challenges. The
practical implementation of digital systems in rural areas, the adaptability of law enforcement
agencies, and the judicial infrastructure to handle a restructured procedural framework remain

1
critical concerns. Additionally, ensuring compliance with constitutional safeguards and
fundamental rights is paramount.
In conclusion, the BNSS, 2023, represents a progressive shift in India’s criminal procedural law,
addressing long-standing inefficiencies while leveraging technology to enhance justice delivery.
A comparative analysis of CrPC and BNSS provides insights into how these changes impact
law enforcement, the judiciary, victims, and the accused. This study aims to critically examine
the key differences between the two legislations, evaluating the potential benefits and challenges
posed by the new legal framework in the administration of criminal justice in India.

History of CRPC and BNSS

The criminal procedure in India has evolved through various stages, influenced by ancient
customs, colonial laws, and modern legislative reforms.
In ancient India, criminal justice was governed by religious texts like the Manusmriti and
Arthashastra, which prescribed punishments based on the caste system and social hierarchy. The
king acted as the chief judicial authority, assisted by councils and village panchayats. During the
Mughal period, Islamic law (Sharia) dominated criminal jurisprudence, with Qazis (judges)
administering justice.
British Colonial Era (1773–1947)

With British rule, India saw significant legal transformations. The Regulating Act of 1773
established the Supreme Court in Calcutta, but there was confusion due to the coexistence
of British and indigenous laws. To bring uniformity, the British codified criminal laws:

1. Indian Penal Code (IPC), 1860 – Defined crimes and punishments.

2. Criminal Procedure Code (CrPC), 1861 – Laid down procedures for investigation, trial,
and sentencing.

3. Revised CrPC, 1898 – Incorporated new procedural safeguards but retained colonial
control over policing and trials.

Post-Independence Reforms (1947–2023)

After independence, CrPC was revised in 1973, replacing the 1898 code. The CrPC, 1973
introduced:

Separation of the judiciary from the executive.

 Due process and fair trial principles.

Strengthened the rights of the accused and victims.

Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

To modernize criminal procedures, the BNSS, 2023 replaced the CrPC. It:

Promotes electronic evidence and digital records.

Streamlines procedures for quicker trials.

Enhances victim rights and police accountability.

Thus, India's criminal procedure evolved from ancient customs to colonial codifications
and finally to modern reforms under the BNSS, 2023.

a) CrPC 1973 vs. Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023: A Comparative Study

The Criminal Procedure Code (CrPC), 1973, governed India's criminal justice system for
five decades. However, to modernize and expedite justice, it was replaced by the Bhartiya
Nagarik Suraksha Sanhita (BNSS), 2023. Here’s a comparative study:

1. Aim and Approach

CrPC, 1973: Focused on procedural justice with a mix of colonial-era provisions and
post-independence reforms.

BNSS, 2023: Aims for faster trials, digital integration, and victim-centric justice.

2. Key Procedural Reforms

Electronic Evidence: BNSS allows digital records, video trials, and electronic summons,
unlike CrPC.
FIR and Investigation: BNSS mandates preliminary inquiry before an FIR in certain
cases, ensuring fewer false cases.
Detention & Custody: Under BNSS, a person can be detained for 90 days instead of 15
days in serious offenses with judicial approval.
 2. Trials and Courts

CrPC, 1973: Traditional paperwork-heavy trials with frequent adjournments.

BNSS, 2023: Limits adjournments to two, reducing delays. Courts can record
evidence electronically.

3. Victim and Witness Protection

CrPC, 1973: Witness protection was weak, leading to intimidation.
BNSS, 2023: Strengthens witness protection and ensures greater participation of victims.

5. Bail and Sentencing

CrPC, 1973: Bail procedures often led to delays.
BNSS, 2023: Introduces time-bound decisions on bail applications.

BNSS, 2023, modernizes CrPC with digital processes, speedy trials, and enhanced victim
rights. While CrPC served India for decades, BNSS reflects contemporary legal needs for a more
efficient justice system.

b) The influence of British law on India’s criminal procedure

The Criminal Procedure Code (CrPC) of India has its origins in the colonial legal
framework established by the British. Before British rule, criminal justice in India was
governed by a mix of customary laws and religious codes. The British, in their attempt to
standardize and control the legal system, introduced the first comprehensive criminal
procedure law in 1861, which was later revised and consolidated into the Code of
Criminal Procedure, 1898. This law laid the foundation for India's modern criminal
justice system and remained in force, with amendments, until it was replaced by the
CrPC, 1973.

The CrPC, 1973, which came into effect on April 1, 1974, introduced reforms such as the
separation of the judiciary from the executive, provisions for legal aid, and improvements
in bail procedures. However, as India's legal and social landscape evolved, the need for a
more robust and efficient system led to the introduction of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023. The BNSS replaced the CrPC and aimed to modernize
criminal procedures, incorporating provisions for faster trials, enhanced use of
technology, and stricter measures for organized crime.

Influence of British Law

 British rule profoundly shaped India’s criminal procedure system. The CrPC was based
on English common law principles, emphasizing due process, fair trials, and adversarial
litigation. Concepts such as magistrate courts, sessions courts, evidence collection,
and appeal mechanisms were directly borrowed from British legal traditions. The
system also introduced the public prosecutor system, ensuring state-led prosecution
rather than private disputes.

Even after independence, India's CrPC retained much of its British influence, though
modified to suit Indian needs. The BNSS, 2023, continues this legacy while attempting to
decolonize and streamline criminal justice. Despite reforms, British legal principles
remain deeply embedded in India’s procedural laws, reflecting a blend of colonial
inheritance and indigenous adaptations.

c) Bharatiya Nagarik Suraksha Sanhita, 2023: A Step Towards Indigenous Legal

Reforms

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a landmark legal reform
that replaces the Criminal Procedure Code (CrPC), 1973, aiming to modernize and
indigenize India's criminal justice system. It was enacted as part of the government’s
initiative to decolonize Indian laws by replacing British-era statutes with laws that reflect
contemporary Indian values and societal needs.
One of the key objectives of the BNSS is to enhance efficiency, transparency, and
technological integration in criminal procedures. It introduces provisions for electronic
communication of summons, digital case records, and forensic-based investigations,
ensuring a faster and more reliable justice delivery system. The Sanhita also reduces
procedural delays by setting strict timelines for investigation and trial completion,
thereby addressing the long-standing issue of judicial backlog.
A significant aspect of BNSS is its emphasis on victim rights and witness protection.
It mandates increased use of victim statements and provides better safeguards for
witnesses, ensuring fair trials. Additionally, provisions for community service as an
alternative punishment for minor offenses highlight a shift towards reformatory
justice rather than purely punitive measures.
The indigenous nature of BNSS is evident in its attempt to make criminal justice more
accessible and relevant to Indian society. It removes colonial terminology, simplifies
procedural complexities, and aligns legal processes with India’s social realities. The law
also strengthens national security by introducing stricter measures against organized
crime and terrorism, reflecting the country’s evolving security concerns.
Overall, BNSS, 2023, is a progressive step towards a more efficient, victim-centric, and
technologically advanced legal system. By replacing the CrPC with a law that prioritizes
Indian values and contemporary needs, it marks a significant shift towards self-
reliant and decolonized legal reforms in India.

d) Speedy Justice: CrPC and BNSS Reforms

 The principle of speedy justice is a fundamental right under Article 21 of the Indian
Constitution, ensuring that justice is neither delayed nor denied. The Criminal
Procedure Code (CrPC), 1973, and its successor, the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, have introduced several reforms to expedite the criminal justice
process and address delays in trials and investigations.
Speedy Justice under CrPC, 1973
The CrPC, 1973, sought to streamline judicial procedures but faced challenges such as
case backlogs, delayed investigations, and procedural loopholes. While it introduced
time limits for investigations, provisions for summary trials for petty offenses, and
mechanisms to speed up trials, the system still suffered from excessive delays due to
procedural complexities and lack of modern infrastructure.
BNSS, 2023: Strengthening Speedy Justice
The BNSS, 2023, aims to resolve these long-standing issues by incorporating modern
technology and strict timelines to enhance judicial efficiency. Some of the key reforms
include:

1. Stricter Timelines for Investigations & Trials – The BNSS mandates that
investigations must be completed within 90 days, reducing unnecessary delays.
2. Digitalization of Legal Procedures – Electronic summons, video conferencing for
witness testimonies, and digital case management ensure faster and more efficient case
handling.
3. Forensic-Based Investigations – The mandatory use of forensic experts for serious
crimes speeds up evidence collection and reduces manipulation.
4. Alternative Dispute Resolution (ADR) & Community Service – Minor offenses can be
resolved through mediation and alternative penalties, reducing the burden on courts.
5. Faster Disposal of Appeals – BNSS introduces mechanisms to curb frivolous appeals
and speed up higher court proceedings.
By integrating technology, stricter deadlines, and victim-friendly provisions, BNSS
ensures timely justice, marking a significant improvement over CrPC. It represents a
modern, efficient, and people-centric approach to criminal justice in India.

e) Procedural Safeguards for Accused and Victims: A Critical Analysis

A fair criminal justice system must balance the rights of the accused and the protection
of victims. Both the Criminal Procedure Code (CrPC), 1973, and the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023, provide procedural safeguards to ensure
justice while preventing misuse of law. However, a critical analysis highlights strengths
and shortcomings in these safeguards.
Safeguards for the Accused
The CrPC, 1973, included several protections for accused persons, such as:
 Presumption of Innocence – No person can be considered guilty until proven so.
 Right to Legal Aid – Free legal representation for those who cannot afford it (Article
39A).
 Bail Provisions – Fair procedures for securing bail, especially for non-serious offenses.
 Protection against Self-Incrimination – Right to remain silent (Article 20(3)).
 Fair Trial Rights – Open courts, cross-examination, and the right to appeal.
The BNSS, 2023, enhances these protections by:
 Mandating forensic evidence for serious crimes to prevent wrongful convictions.
 Time-bound investigations to prevent prolonged custody.
 Use of video conferencing to ensure accessibility of justice.
However, concerns remain regarding expanded police powers, stricter bail conditions,
and increased pre-trial detentions, which could weaken the accused’s rights.
Safeguards for Victims
The CrPC provided limited victim rights, but BNSS strengthens victim protection
through:
 Increased use of victim statements in trials.
 Mandatory witness protection in serious cases.
 Community service as an alternative punishment for minor offenses, reducing
unnecessary incarceration.
Despite improvements, delays in trials and lack of compensation enforcement remain
challenges.

f) Role of Technology in Criminal Procedure: CrPC and BNSS

Technology has become an essential tool in modernizing the criminal justice system,
enhancing efficiency, transparency, and accessibility. Both the Criminal Procedure
Code (CrPC), 1973, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
incorporate technological advancements to streamline investigations, trials, and evidence
collection. However, BNSS significantly expands the role of technology, making justice
delivery faster and more reliable.
Technology in CrPC, 1973
While CrPC was enacted before the digital era, amendments over time introduced certain
technological aspects:
 Electronic records and digital evidence were recognized in court proceedings.
 Video conferencing for trials was permitted, especially during the COVID-19
pandemic.
 Online FIR registration was introduced in many states to improve accessibility.
However, technological integration under CrPC remained limited and inconsistent,
leading to delays and inefficiencies.
Enhanced Role of Technology in BNSS, 2023
The BNSS, 2023, mandates the use of technology across all stages of the criminal justice
process. Key technological advancements include:
 1. Digital Case Management – Courts, police, and investigation agencies are required to
maintain electronic case records, ensuring seamless data sharing.
2. Electronic Summons and Warrants – Reduces procedural delays in serving legal
notices.
3. Video Conferencing for Witnesses and Accused – Ensures the safety of witnesses and
speeds up proceedings.
4. Mandatory Forensic Investigations for Serious Crimes – Strengthens evidence
reliability and prevents wrongful convictions.
5. AI and Data Analytics in Policing – Helps in crime mapping and predictive policing.

FIR and Zero FIR in CrPC and BNSS

1. Understanding FIR and Its Importance
A First Information Report (FIR) is the formal record of a complaint regarding a cognizable
offense (serious offenses where police can arrest without prior court approval). It marks the
beginning of a criminal investigation and is crucial for ensuring justice.
Under Section 154 of the CrPC, 1973, an FIR must be:
 Recorded by the police when a cognizable offense is reported.
 Filed at the police station having jurisdiction over the crime location.
 Given in writing or orally (to be reduced in writing by the police).
 Read to the complainant and signed by them.
Once an FIR is registered, the police must investigate the case, collect evidence, and file a
charge sheet if enough proof is found.
2. Zero FIR: A Key Reform
A Zero FIR allows a complaint to be filed at any police station, regardless of jurisdiction. It
was introduced to ensure that victims, especially in cases of sexual offenses, murder, and
serious crimes, do not face procedural delays.
 Once recorded, the Zero FIR is transferred to the relevant police station with jurisdiction.
 This ensures immediate action and prevents the refusal of complaints based on
jurisdictional limitations.
3. FIR and Zero FIR under BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, retains the basic provisions of FIR
and Zero FIR but strengthens their implementation:
Key Reforms in BNSS:
1. Mandatory Registration of FIR – Police officers must register an FIR if a cognizable
offense is reported. Any refusal can lead to disciplinary action.
2. Filing FIR via Digital Means – Complainants can file an FIR online, through email, or
other digital platforms, making the process faster and more accessible.
3. Time-Bound Investigation – The police must complete investigations within 90 days
for serious offenses, ensuring faster justice.
4. Forensic Evidence Mandate – In serious cases, forensic teams must be involved,
improving evidence collection and reducing wrongful arrests.
5. Stronger Protections for Victims – Special provisions for victims of sexual assault
and other sensitive crimes ensure better safeguards and immediate action.
4. Conclusion
Both CrPC and BNSS recognize the importance of FIR and Zero FIR in ensuring justice.
While CrPC laid the foundation, BNSS enhances transparency, efficiency, and victim
protection through digitalization and stricter accountability. These reforms strengthen the rule
of law and ensure that procedural delays do not hinder justice.

Trial Process and Court Process in CrPC and BNSS

The trial and court process in India is governed by legal provisions that ensure fair, transparent,
and efficient adjudication of criminal cases. The Criminal Procedure Code (CrPC), 1973,
laid the foundation for these processes, while the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, introduced key reforms to modernize and expedite justice delivery.

1. Trial Process Under CrPC, 1973

CrPC provides for different types of trials based on the gravity of the offense:
1. Sessions Trial (Serious Offenses) – Cases involving severe crimes like murder, rape,
and terrorism are tried in the Sessions Court (Sections 225-237 of CrPC).
2. Warrant Trial (Serious but Non-Capital Offenses) – If an offense is punishable with
more than two years in prison, it follows a warrant trial process (Sections 238-250).
3. Summons Trial (Minor Offenses) – Cases with punishments of less than two years are
tried summarily to ensure quick disposal (Sections 251-259).
 4. Summary Trial (Petty Cases) – Offenses like public nuisance, theft below ₹2,000,
etc., are disposed of swiftly (Sections 260-265).
Key Features of CrPC Trial Process:
 Framing of Charges – The accused is informed of charges before trial begins.
 Examination of Witnesses & Evidence – Witnesses are cross-examined, and evidence is
presented.
 Final Arguments & Judgment – After hearings, the court delivers its verdict.
 Appeals & Revision – Convicted persons can challenge the judgment in higher courts.

Despite these provisions, the CrPC faced delays due to procedural complexities and judicial
backlog.

2. Trial and Court Process under BNSS, 2023

The BNSS, 2023, retains the basic trial framework but introduces reforms for faster and more
efficient trials:
Key Reforms in BNSS:
1. Time-Bound Trials – Courts must complete trials within three years, reducing
prolonged litigation.
2. Mandatory Digital Records – Courts must maintain electronic case records, reducing
paperwork delays.
3. Video Conferencing for Witnesses & Accused – Prevents intimidation and ensures
faster depositions.
4. Increased Use of Forensic Evidence – Ensures scientific accuracy in investigations.
5. Community Service as Alternative Punishment – Minor offenses may lead to
rehabilitative measures instead of imprisonment.
6. Appeal & Revision Process Streamlined – Frivolous appeals are discouraged, reducing
court congestion.
While CrPC laid a strong legal foundation for criminal trials, BNSS aims to make the process
faster, tech-driven, and victim-friendly. With digitalization, forensic reliance, and time-
bound trials, BNSS represents a modernized approach to criminal justice in India.

Conclusion
The transition from the Criminal Procedure Code (CrPC), 1973, to the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023, marks a significant shift in India’s criminal justice system.
While CrPC laid a strong foundation based on British legal principles, BNSS is a step towards
indigenized and modernized legal reforms, addressing key issues such as delays,
inefficiencies, and technological integration.
One of the major challenges under CrPC was the delayed justice system, with cases often
dragging on for years due to procedural loopholes, backlog, and ineffective enforcement
mechanisms. BNSS tackles these challenges by introducing time-bound investigations and
trials, ensuring that cases are resolved more efficiently. The mandatory use of forensic science,
digital records, and electronic communication enhances the transparency and accuracy of
criminal proceedings.
Victim protection has also been strengthened under BNSS. Provisions like witness protection,
increased victim participation, and alternative punishments such as community service
demonstrate a shift toward victim-centric justice rather than just focusing on punitive measures.
Additionally, the inclusion of Zero FIR, digital FIR filing, and forensic-backed investigations
ensures that cases are handled with greater urgency and accountability.
However, while BNSS introduces significant improvements, concerns remain regarding the
expansion of police powers, stricter bail provisions, and potential misuse of surveillance
technologies. Ensuring a balance between law enforcement efficiency and protection of
fundamental rights will be crucial in the implementation of BNSS. Moreover, the success of
these reforms depends on proper training of police and judicial officers, technological
infrastructure, and strong oversight mechanisms to prevent misuse.
In conclusion, the BNSS, 2023, is a progressive and necessary reform aimed at decolonizing
and modernizing India’s criminal procedure laws. While it retains the essential principles of
CrPC, it enhances efficiency, transparency, and fairness in the justice system. The effective
implementation of these provisions will determine whether BNSS truly succeeds in delivering
speedy, accessible, and fair justice for all.

Bibliography
1. The Code of Criminal Procedure 1973 (India) s 1.

2. Bharatiya Nagarik Suraksha Sanhita BBNSS 2023

3. s 173 (modifying police investigation timelines).

4. Lalita Kumari v Government of Uttar Pradesh (2014) 2 SCC 1 (India).

5. BNSS 2023, s 525 (electronic trials and summons).

6. Code of Criminal Procedure 1973 (India) s 436A; BNSS 2023 (bail provisions).
7. Constitution of India, art 21 (right to a fair trial).

8. Witness Protection Scheme 2018 (India); BNSS 2023 (victim and witness protection provisions).

9. United Nations Office on Drugs and Crime (UNODC), 'Fair Trial Standards' (UNODC, 2023)
https://www.unodc.org accessed [date of access].

10. Parliamentary Committee Report on Criminal Law Reforms (2023) (India)

https://www.parliament.gov.in accessed [date of access].

11. Law Commission of India, 'Reforms in the Criminal Justice System' (Report No 277, 2018)
https://lawcommissionofindia.nic.in accessed [date of access].

12. BNSS 2023, s 144 (powers of law enforcement during emergencies).

13. Code of Criminal Procedure 1973 (India) s 154 (registration of FIRs) compared with BNSS 2023
provisions.

14. Supreme Court of India, 'Guidelines on Speedy Trial' (2002) 5 SCC 294.

15. Indian Evidence Act 1872, s 65B (electronic evidence) and its application in BNSS 2023.

16. Malimath Committee Report on Reforms in the Criminal Justice System (2003)
https://mha.gov.in accessed [date of access].

17. Justice Verma Committee Report on Amendments to Criminal Law (2013) https://mha.gov.in
accessed [date of access].

18. BNSS 2023, s 357 (compensation to victims of crime).

19. The Sentencing Policy in India, National Law School of India University, 2020 https://nls.ac.in
accessed [date of access].

20. Comparison of CrPC and BNSS by PRS Legislative Research (2024) https://prsindia.org
accessed [date of access].