The Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46), or BNSS, is a comprehensive overhaul of criminal procedural law in India, replacing the Code of Criminal Procedure (CrPC) of 1973. It streamlines and modernises criminal investigations, trials, and the enforcement of justice.

Scope and applicability: the BNSS governs everyone in the criminal-justice system — police officers, magistrates, and courts such as Sessions Courts and Judicial Magistrates — establishing a framework for criminal proceedings that protects the rights of the accused while empowering law enforcement to maintain public order.

Key provisions, organised by chapter:

• Arrest of Persons (Chapter V, Sections 35–62): when police may arrest, the rights of the arrested, and the procedure to follow. Section 38 gives an arrested person the right to meet an advocate of their choice during interrogation.
• Processes to Compel Appearance (Chapter VI, Sections 63–93): summons, warrants of arrest, and proclamation and attachment of a person who absconds.
• Maintenance of Public Order and Tranquillity (Chapter XI, Sections 148–167): unlawful assemblies and public nuisances, and a magistrate's authority to disperse assemblies and keep the peace.
• Information to the Police and their Powers to Investigate (Chapter XIII, Sections 173–196): the FIR (Section 173), investigation of cognizable and non-cognizable cases, examination of witnesses by the police, and the police report on completion of investigation.
• Jurisdiction of the Criminal Courts (Chapter XIV, Sections 197–209) and Conditions Requisite for Initiation of Proceedings (Chapter XV, Sections 210–222): where a case is inquired into and tried, and when a court may take cognizance.
• Bail and Bonds (Chapter XXXV, Sections 478–496): when bail may be taken, including in non-bailable offences (Section 480) and anticipatory bail (Section 482).

Enforcement is shared by police officers, magistrates, and public prosecutors, with a Directorate of Prosecution (Section 20) overseeing prosecution.

Common use cases include arrest, bail applications, filing FIRs, and navigating the trial process. As with the new substantive code, mapping an old CrPC section to its BNSS equivalent is a frequent research task.

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