India’s criminal justice system is governed by procedural laws such as the Code of Criminal Procedure (CrPC), 1973, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. However, as part of a larger reform intended to modernize India’s criminal laws, the BNSS takes the role of the CrPC. A thorough examination of their main distinctions may be found here.

1. Goal and Range

1973’s CrPC It was created to standardize criminal procedure throughout India and offers comprehensive procedures for arrest, trial, punishment, and investigation.• Guarantees procedural justice and due process.

BNSS, 2023• To improve criminal justice’s effectiveness, accountability, and transparency, it replaces CrPC.• Emphasizes victim rights, technology integration, and expedited justice delivery.• Adds stringent deadlines for investigations and prosecutions, as well as additional measures for victim compensation and electronic trials.

2. Important Procedure Modifications

Detention and Arrest• CrPC: Gives police the authority to make decisions about investigations and make arrests based on reasonable suspicion.• BNSS: By mandating mandatory video recording of searches and enhancing judicial control, this system fortifies protection against arbitrary arrests.

Charge sheet and investigation• CrPC: There are no hard deadlines for finishing probes, which causes delays.• BNSS: To guarantee speedier trials, the investigation must be finished within 90 days (or 180 days for significant offenses).

Court proceedings and trials• CrPC: Primarily depends on in-person hearings and conventional evidence gathering.• BNSS: Promotes virtual trials, electronic document filing, and the submission of digital and electronic evidence.

Bail Provisions • CrPC: various courts have various bail policies, which can occasionally result in irregularities.• BNSS: Provides more precise bail rules, guaranteeing a just and prompt resolution of applications for bail.

• Technology Use -BNSS: Requires e-FIRs, digital case records, online trials, and electronic serving of summons to increase efficiency; • CrPC: Limited use of technology in criminal proceedings.
• Compensation and Victim Rights• CrPC: Section 357 provides compensation for victims, however implementation is frequently sluggish.• BNSS: Provides improved witness protection procedures and expedited compensation, strengthening victim rights.
• Public Involvement and Community Policing• BNSS: Promotes citizen involvement in policing, including crime reporting in the community. • CrPC: Mainly driven by law enforcement.
• Repercussions for Inauthentic Complaints• CrPC: Has weak deterrent but imposes fines for false cases.• BNSS: Implements harsher penalties for submitting fictitious cases or conducting deceptive investigations. In conclusion

By using technology, establishing stringent deadlines, bolstering victim rights, and guaranteeing transparency in investigations, the BNSS, 2023, modernizes and expedites criminal procedures. It preserves core legal concepts while addressing many of the CrPC’s inefficiencies. The goal of these changes is to increase the criminal justice system’s effectiveness, accountability, and accessibility for all residents.

India’s criminal processes are governed by two procedural laws: the Code of Criminal Procedure (CrPC), 1973, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. A thorough analysis of each law’s total sections and structural variations may be seen below.

Total Sections and Structure of the CrPC, 1973

There were initially 484 parts, two schedules, and 56 forms in the CrPC, 1973. Nonetheless, certain clauses have been altered by revisions over time.

The CrPC’s structure

The 37 chapters that make up the CrPC address a range of topics related to criminal proceedings, such as :Sections 1 to 5 of the preliminary (Chapter 1) and Sections 6 to 25 of the Constitution and the Powers of Criminal Courts (Chapters 2 to 3)Sections 41 to 60A of the Arrest of Persons (Chapter 5) and Sections 154 to 176 of the Investigation Process (Chapter 12)
Total Sections and Structure of the BNSS, 2023

With 531 provisions, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is more comprehensive than the CrPC. In order to update criminal proceedings, it also adds new clauses and three schedules.

The BNSS structure

The framework of the BNSS is comparable to that of the CrPC, but it has certain extra clauses and changes:Sections 1 through 4 of the General Provisions (Chapters 1-2) and Sections 5 through 61 of the Police and Magistrate Powers (Chapters 3-5)• Chapters 6–19: Filing a First Information Report, Investigation, and Trial – Sections 62–300Sections 439 to 450 of Chapter 23 on Bail and Bonds; Sections 452 to 487 of Chapters 26–29 on Appeals and Revisions; and Sections 488–531 of Chapters 30-36 on Special Provisions and Miscellaneous
Important Variations in Section Count• There are 47 extra sections in BNSS compared to 484 in CrPC, which has 531 parts.• BNSS combines digital processes, streamlines processes, and eliminates out-of-date provisions.• The BNSS’s three schedules are set up to provide greater clarity on offenses that are and are not subject to bail, offense compounding, and court classifications.

In conclusion

By incorporating contemporary legal norms, improving procedural elements, and adding more sections, the BNSS, 2023, builds upon the CrPC. Strict timetables, victim rights, digital case management, and technology-driven investigations are the main topics of the other sections. An important step in improving the openness, effectiveness, and accessibility of India’s criminal justice system was the switch from CrPC to BNSS.