Author: SRI GUGAN . S
India’s criminal justice system has been working for years under the Code of Criminal Procedure, 1973 — commonly known as the CrPC. While this law laid down how criminal cases should be investigated and tried, it was still heavily influenced by British-era laws. Even though the CrPC was reformed in 1973 after independence, many provisions remained outdated or rigid. Over the decades, people, society, technology, and crime patterns have all changed — but the criminal procedure law did not change enough to keep up.
To solve this, the Indian government decided to bring in a completely new law: the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which officially replaced the CrPC from 1st July 2024. This research article will explain why CrPC was replaced, what BNSS brings in, the key differences, and why it matters in today’s India. We’ll also look at some important recent court decisions to understand how this shift plays out in real life.
Current Relevance and Importance of BNSS in Today’s India
India is moving fast—socially, economically, and technologically. But for a long time, our criminal justice system was stuck in the past. The Code of Criminal Procedure (CrPC) had become outdated in dealing with modern problems like cybercrime, digital fraud, and delay in justice delivery. That’s where the Bharatiya Nagarik Suraksha Sanhita (BNSS) comes in. It represents a fresh start and is better suited for today’s India.
1. Justice is Delivered Faster and More Fairly
One of the biggest problems with the old system was how slow it was. Trials often dragged on for years, sometimes even stretching into decades, leaving justice painfully delayed. Victims lost hope, and innocent people were stuck in jails waiting for their day in court.BNSS introduces strict timelines for investigations and trials. Courts are now expected to complete trials within 2 years. Police must complete investigations in 90 days for certain cases.Also, the use of technology like video conferencing, digital evidence, and electronic communication makes the whole process faster and more transparent.
2. Citizens Get More Rights and Protection
BNSS gives more space to the voice of the victim, which was often missing in the earlier system. Victims can now participate in bail hearings in sensitive cases like rape or acid attacks, receive case updates, and are treated with dignity.
At the same time, accused persons are also protected. Police can no longer arrest someone just to show quick action. They have to record proper reasons for arrest, especially in minor cases. This ensures balanced use of police power—not too much, not too little.
3. It Suits a Digitally-Advanced India
The BNSS recognizes that we now live in a digital age. FIRs can be filed online. Summons and court notices can be sent via WhatsApp, email, or SMS. Video recording of statements is now mandatory in some cases.Courts can conduct hearings over video calls, especially useful for remote areas or where witnesses live far away. This kind of system wasn’t possible under the CrPC, which was made for a completely different time.
4. Fair Policing: No More Arbitrary Arrests
Earlier, there were many cases where people were arrested just to “teach them a lesson” or without proper investigation. BNSS has built-in checks and balances to avoid such misuse.
Police are now required to justify in writing why an arrest is necessary in cases where the punishment is less than 3 years. This step ensures policing is more responsible and people are not unnecessarily deprived of their freedom.
5. Victims are Finally Heard
For many years, India’s criminal justice system mainly centered around the accused and the government, often overlooking the victim’s role. The victim was almost invisible in courtrooms.Under BNSS, victims can attend key court proceedings, express their concerns, and receive updates about their cases. This helps restore faith in the system and gives victims the dignity they deserve.
6. Focus on Reform, Not Just Punishment
For minor offenses, instead of sending people to jail, BNSS allows courts to order community service. This is a big shift. It means that the law wants to reform people, not just punish them.Jail should be a last resort, especially for first-time or low-level offenders. This approach reduces pressure on the jail system and gives offenders a second chance to contribute positively to society.
7. Greater Transparency and Accountability
Now, police stations and courts are required to use audio-video recording during key parts of investigation and trial. This ensures that no evidence is tampered, and the rights of both the accused and victim are protected.E-courts and digital records also allow for better tracking of case progress, making the entire system more transparent and less corrupt.
8. A More Humane Justice System
Though BNSS brings in big changes, it doesn’t ignore the practical problems. Implementing this law fully will take time. Police need training, courts need better digital infrastructure, and lawyers need to get familiar with the new rules.
But despite these challenges, the direction is right. BNSS tries to make the justice system faster, fairer, more citizen-friendly, and more in tune with the values of a modern democracy.
Recent Case Laws Supporting the Changes in BNSS
The BNSS didn’t come out of nowhere — it reflects years of legal debates, court judgments, and public concern over issues like delayed justice, misuse of police powers, and lack of victim protection. Let’s look at some important case laws that have directly or indirectly influenced the reforms in BNSS.
1. Satender Kumar Antil v. CBI (2022) 10 SCC 51
In this case, the Supreme Court criticized the frequent and unnecessary arrests made by police even in minor, non-violent offenses. The Court made it clear that bail should be the rule and jail the exception, especially when the accused is cooperating in the investigation. It also laid down guidelines for granting bail based on the seriousness of the offense and the stage of the case.
How BNSS responds:The BNSS incorporates this principle by restricting the power of arrest, especially in cases with punishment of less than 3 years. It now requires police officers to record written reasons for arrest and gives courts the authority to check misuse.
2. In Re: Delay in Trials [2021 SCC OnLine SC 1315]
This suo motu case was taken up by the Supreme Court to address the massive backlog of criminal cases in courts. The Court noted that delayed trials harm not just the accused but also the victims, who wait endlessly for justice. It urged the judiciary and legislature to find systemic solutions.
How BNSS responds:BNSS introduces a clear rule that trials should be completed within two years of charge framing, wherever possible. It also supports the use of e-proceedings and video trials to reduce delays.
3. Shafhi Mohammad v. State of H. P. (2018) 5 SCC 311
The Supreme Court in this case pushed for modern technology in courtrooms, especially video conferencing for recording evidence and holding hearings. It held that reliance on digital evidence and tech-based systems could strengthen justice delivery, especially in remote or rural areas.
How BNSS responds:BNSS now officially allows and encourages video conferencing, digital summons, and online trials. This is a direct step towards a tech-savvy criminal justice system.
4. Vineet Kumar v. State of Uttar Pradesh [2023 SCC OnLine SC 442]
In this case, the Court raised concerns about the misuse of Section 41A CrPC, which required a notice to be sent before arresting someone in non-cognizable offenses. The police were found to be bypassing this requirement, leading to unnecessary arrests.
How BNSS responds:BNSS adds stricter safeguards on police arrest powers, particularly for less serious offenses. Arrest now needs written justification, and courts are encouraged to monitor this process closely.
5. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
In this landmark judgment, the Supreme Court said that arrests should not be automatic and directed that police must not arrest in offenses where the punishment is less than 7 years unless it is necessary. The case was about the misuse of Section 498A IPC (dowry harassment), where men were often arrested without inquiry.
How BNSS responds:This decision forms the foundation of the “arrest only when necessary” principle in BNSS. The new law codifies these ideas by requiring recorded reasoning before arrest and discouraging custodial arrests where not needed.
6. Lalita Kumari v. Govt. of Uttar Pradesh (2014) 2 SCC 1
Here, the Court ruled that FIR registration is mandatory in cases of cognizable offenses and cannot be delayed. It recognized that delays in lodging FIRs result in injustice, especially for victims of serious crimes.
How BNSS responds:BNSS goes a step ahead by formalizing the concept of Zero FIR, where a person can file an FIR at any police station, regardless of where the crime happened. This helps victims who may not have immediate access to the “right” jurisdiction.
7. State of Kerala v. Rajesh (2020) 12 SCC 122
In this case, the Supreme Court emphasized the importance of proper evidence collection and expressed disappointment over poor quality investigations. It underlined that forensic support must become part of standard police procedure.
How BNSS responds:BNSS introduces mandatory forensic testing in serious offenses (those with punishment of 7 years or more), ensuring that high-quality scientific evidence backs up criminal charges.
What Are the Major Changes Introduced by BNSS?
The BNSS, 2023 introduces a modern and citizen-focused way of dealing with criminal cases in India. It replaces outdated processes under the old CrPC and focuses more on speed, fairness, use of technology, and respect for victims.
1. FIRs Can Be Filed at Any Police Station (Zero FIR)
Earlier, if a crime happened in one area, you could only file an FIR at that area’s police station. This caused delays and confusion, especially for victims in urgent situations.
Now, BNSS allows you to file an FIR in any police station, even if the crime didn’t happen there. The police station must then forward it to the appropriate jurisdiction where the crime actually took place. This makes it easier and faster for people to report crimes, especially in emergencies.
2. FIRs, Warrants, and Summons Can Be Sent Digitally
In today’s world, everything is going digital — and now, so is the justice system.
Under BNSS, police and courts can send summons, arrest warrants, and even FIRs through email, SMS, or WhatsApp. This helps speed things up and avoids unnecessary paperwork and delays. People don’t have to wait days for documents to arrive physically.
3. Forensic Testing Made Mandatory in Serious Cases
In the past, forensic evidence (like fingerprints, DNA, or blood samples) was often ignored or used inconsistently.BNSS changes that. Now, in serious criminal cases where the punishment is 7 years or more, it is mandatory for police to collect and send evidence for forensic examination. This step increases the chances of catching the real offender and prevents false accusations.
4. Time Limit for Investigations
A big problem in India’s criminal justice system was that police investigations dragged on for years. Victims and accused were left hanging.BNSS now says that for less serious crimes, the police must complete their investigation within 90 days. If they need more time, they must give written reasons. This ensures the process doesn’t stretch unnecessarily.
5. Trials Should Be Completed Within 2 Years
Many people in India wait 5, 10, or even 15 years for their trial to finish. BNSS sets a clear target: Courts should finish criminal trials within 2 years of framing charges.
This will help reduce case backlogs and ensure that people get justice in time — not when it’s too late.
6. Community Service as a Punishment for Minor Offenses
Sending everyone to jail for small crimes is not always helpful. Jails get overcrowded, and people who commit petty offenses often become worse when sent to prison.
BNSS introduces community service as a new punishment. In minor cases, the court can ask the offender to do social work instead of going to jail. This is more constructive and helps with reform instead of just punishment.
7. Victims Have a Stronger Voice Now
Under the old law, victims had very little say in the legal process. Often, they weren’t even informed of what was happening in their case.Now, BNSS gives victims the right to attend bail hearings, especially in sensitive cases like rape, acid attacks, or sexual assault. They can also track case updates online.
8. Arrest Must Be Justified in Writing
Previously, the police had wide powers to arrest anyone, even in minor cases. This led to misuse and harassment.BNSS now says that if the crime is not very serious, police must give a written explanation of why they are making the arrest. They can’t just arrest someone casually. This ensures that people aren’t taken into custody without valid and recorded reasons.
9. Video Recording of Important Statements
To protect vulnerable people — like women, children, or the elderly — BNSS requires that their statements be video recorded during the investigation.This helps avoid pressure, misreporting, or manipulation of what was said. It also ensures that the evidence stays clear and strong if the case goes to court.
10. Trials Can Be Held Over Video Calls (Online Proceedings)
Many times, courts are too crowded, or the accused and witnesses live far away. Traveling to court can be costly and tiring.BNSS allows for hearings, statements, and even trials to be held via video conferencing, wherever appropriate. Lawyers, police, accused persons, and witnesses can appear digitally. This saves time, money, and helps move cases faster.
Conclusion
The BNSS helps make the criminal justice system more efficient, modern, and quick in delivering justice. It introduces a modern approach by using technology, fixing deadlines, improving transparency, and giving real importance to victims. At the same time, it makes sure that people are not arrested or punished unfairly.
All these case laws created the legal and moral foundation for the reforms we now see in the BNSS. Courts have long pointed out the flaws in the CrPC — from delay in trials to misuse of police powers — and now, the BNSS tries to correct those flaws by turning these judicial directions into law.
BNSS is, therefore, not just a legislative reform — it’s a response to years of ground realities and judicial criticism. The cases above reflect how law and judiciary worked hand in hand to bring justice closer to the common people.
FAQ
1: What is the BNSS, 2023?
The BNSS is the new law that replaces the old CrPC, 1973. It outlines how criminal investigations, trials, and procedures should be conducted in India. It aims to make the justice system faster, fairer, and more citizen-friendly.
2: How does BNSS help victims of crime?
They can now attend bail hearings and receive regular case updates. This ensures their voices are heard and their rights are respected. Victims are now given a more active and meaningful role in the justice process.
3: Can FIRs now be filed online or at any police station?
BNSS allows FIRs to be filed at any police station or online, making it easier and faster for victims to report crimes from anywhere.
4: What are the new rules for arrest under BNSS?
Police now need to give written reasons for arrest in minor offenses. Arrest is only allowed when absolutely necessary and must be justified. This prevents misuse of police power and protects individual rights.
5: How does BNSS speed up trials?
BNSS mandates that trials should ideally be completed within 2 years.
It encourages the use of digital tools like video conferencing for hearings.
This helps reduce delays and ensures quicker delivery of justice.
