THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

ACT NO.: 46 of 2023

CAME INTO FORCE ON: 01ST JULY 2024

A significant step towards modernising the legal framework inherited from colonial
times has been taken with the recent legislative initiatives by the Indian Parliament to
amend and replace the colonial criminal laws through the Bharatiya Nagarik Suraksha
Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, and the Bharatiya Nyaya Sanhita,
2023. The Indian Evidence Act of 1872, the Indian Penal Code of 1860, and the Code of
Criminal Procedure of 1973 were replaced with these new statutes, which brought
about important modifications to address modern issues.
Enacted by Parliament on December 25, 2023, the Bharatiya Nagarik Suraksha
Sanhita (BNSS) replaced the outmoded Code of Criminal Procedure, 1973, and is now
known as the Indian Citizen Safety Code. It modernizes and streamlines criminal
procedural law in India.
This Sanhita governs all aspects of criminal procedure—covering arrests,
prosecutions, and bail—along with detailed provisions on offences, penalties, and
procedural guidelines.

The BNSS establishes a systematic process for:

a.​ Investigating crimes

b.​ Apprehending suspects
c.​ Gathering and verifying evidence
d.​ Determining the guilt or innocence of the accused
e.​ Deciding the appropriate punishment for the guilty

The BNSS is India's principal legal framework for managing procedural law related to
criminal justice, ensuring fairness and efficiency in the administration of substantive
law.

The Sanhita consists of 39 Chapters and a total of 531 Sections, covering every aspect
of criminal procedural law in detail.
Some key updates in this law include:

a.​ eFIR: The facility to file First Information Reports online

b.​ Mandatory Victim Statement: In cases of sexual violence, the victim's
statement must be recorded.
c.​ Complaint Status Updates: Regular updates to complainants on the
status of their cases.
d.​ Victim-Centric Approach: More provisions to ensure victim rights and
concerns are addressed.
e.​ Forensic Science Focus: Greater emphasis on using forensic science to
increase conviction rates.
11TH AUGUST 2023 The Bharatiya Nagarik Suraksha Sanhita
Bill, 2023, was introduced in Lok Sabha
by Home Minister Shri Amit Shah.
On the same day, it was referred to the
Standing Committee.
10th NOVEMBER, 2023 The Report of the Standing Committee on
Bharatiya Nagarik Suraksha Sanhita was
submitted.
12TH DECEMBER 2023 Bharatiya Nagarik Suraksha Sanhita Bill,
2023, was withdrawn and was
reintroduced as Bhartiya Nagarik
Suraksha (second) Sanhita Bill, 2023, in
the Lok Sabha.
20TH DECEMBER 2023 The Bharatiya Nagarik Suraksha (second)
Sanhita Bill, 2023, was passed in the Lok
Sabha.
21ST DECEMBER 2023 Bharatiya Nagarik Suraksha (second)
Sanhita Bill, 2023 was passed in Rajya
Sabha.
25TH DECEMBER 2023 Bharatiya Nagarik Suraksha (second)
Sanhita Bill, 2023, received the assent of
the President of India.

2(1)(a) ‘’Audio-Video Electronic Means’’

2(1)(b) “Bail”

2(1)(b) “Bail-Bond”

2(1)(e) “Bond”

2(1)(i) “Electronic Communication”

20(2)(b) Directorate of Prosecution

23(3) Sentences which Magistrate may pass (Community Service added)

35(7) When police may arrest without a warrant

43(3) Arrest how made

51(3) Examination of the accused by a medical practitioner at the

request of a police officer

65(2) Service of summons on corporate bodies, firms and societies

70(3) Proof of service in such cases and when the serving officer is not
present

82(2) Procedure on the arrest of the person against whom warrant

issued

86 Identification and attachment of property of the proclaimed

person

105 Recording of search and seizure through audio-video electronic

means

107 Attachment, forfeiture or restoration of property

157 Procedure where the person against whom the order is made u/s
152 appears to show cause

165(2) Power to attach the subject of dispute and to appoint a receiver

172 Persons bound to conform to lawful directions of police

173(3) Information in cognizable cases

175(4) Police officer’s power to investigate cognizable case

176(3) Procedure for investigation

193(3)(ii) Report of the police officer on completion of an investigation

223(2) Examination of complainant

250(1) Discharge

254(2) Evidence for prosecution

262(1) When the accused shall be discharged

269(7) Procedure where the accused is not discharged

283(2) Power to try summarily

336 Evidence of public servants, experts, and police officers in certain

cases

356 Inquiry, trial or judgement in absentia of proclaimed offender

398 Witness protection scheme

472 Mercy petition in death sentence cases

474(a), (b), Power to commute sentence

(d), (e)

479(2), (3) Maximum period for which undertrial prisoner can be detained

497(2), Order for custody and disposal of property pending trial in certain
(3), (4), (5) cases

530 Trial and proceedings to be held in electronic mode

2(f) ‘’India”

2(k) “Metropolitan Area”

2(q) ‘’Pleader’’

2(t) “Prescribed”

3(1), (2) Construction of references

8 Metropolitan Area

10(1) Subordination of Assistant Sessions Judge

13(3) Special Judicial Magistrates

16 Courts of Metropolitan Magistrates

17 Chief Metropolitan Magistrate & Addl. Chief Metropolitan

Magistrates

18 Special Metropolitan Magistrates

19 Subordination of Metropolitan Magistrates

25(2) Making or selling false weight or measures

28(3) Sentences which High Courts and Sessions Judges may pass

29(4) Sentences which Magistrates may pass

144-A Power to prohibit carrying arms in procession

153 Inspection of weights and measures

188-A Offence committed in exclusive economic zone

197(3-B) Prosecution of Judges and public servants

260(1)(b), Power to try summarily

(i)

355 Metropolitan Magistrate’s judgement

 404 Statement by Metropolitan Magistrate of grounds of his decision
to be considered by High Court

433(a), (b), Power to commute sentence

(d)

438(1-A), Direction for grant of bail to person apprehending arrest

(1-B)

531(2)(d) Repeal and savings

Crime is a public wrong. This is due to the fact that when a criminal act occurs, it instils
fear, uncertainty and dread in the minds of both the victim and the general public.
Because the wellbeing of the victim of crime and the interests of society as a whole are
interconnected, it is therefore always vital to handle such situations delicately and
sensibly. It is common knowledge that the Constitution is based on a number of
fundamental principles, including non-arbitrariness, equity, justice, good conscience,
and reasonableness. Any law must adhere to these values in order to be successful, and
violating them undermines society as a whole.

According to Justice Krishna Iyer, "procedure is the handmaid of justice," meaning

that procedural norms are designed to promote justice rather than impede it. On
December 25, 2023, the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) was passed,
ostensibly to repeal criminal laws from the colonial era of the 19th century, prior to
independence.

In order to address the issues of delayed justice delivery due to complex procedures, a
high number of cases pending in courts, low conviction rates, low use of technology in
the legal system, delays in investigation, and inadequate use of forensics, the BNSS seeks
to establish a more rapid and efficient justice system.
The protection (Suraksha) of citizens against unfair exploitation of the criminal
procedure system, which is made possible by flaws in the former system, is the primary
goal of the (BNSS). While the BNSS mostly maintains the provisions of the CrPC, it also
attempts to streamline criminal procedure, shorten trial lengths, strengthen police
investigative capabilities, establish procedural timeframes, and more.

The Bharatiya Nagarik Suraksha Sanhita, 2023 describes how these institutions operate
from when a crime is committed to when a judgement is handed down and the case is
closed. It controls the process that democratic institutions follow and launches the
State's machinery for upholding justice and maintaining law and order. It refers to the
tools that the State will use if criminal law is wounded. These tools include those for
conducting criminal investigations, apprehending suspected offenders, gathering
evidence, determining an accused person's guilt or innocence, and determining the
appropriate punishment for those found guilty.

Opponents of the Sanhita have cautioned that the revisions may result in a "30–40%
increase in the number of cases awaiting trial." The Sanhita mandates video recordings to
be produced at the site of significant crimes and updates admissible digital evidence.
Advocates in India are worried that the Government is replacing outdated criminal
statutes from the colonial era with new laws, a move that could destabilise the country's
criminal justice system. These worries also brought to light the likelihood that the new
legislation, seemingly without any discernible justification, will substantially undermine
the safeguards that the judiciary and Parliament had painstakingly constructed around
priceless civil liberties.
CHAPTER NUMBER CLAUSES CHAPTER NAME

CHAPTER I Sections 1 to 5 PRELIMINARY

CHAPTER II Sections 6 to 20 CONSTITUTION OF

CRIMINAL COURTS AND
OFFICES

CHAPTER III Sections 21 to 29 POWER OF COURTS

CHAPTER IV Sections 30 to 34 POWERS OF SUPERIOR

OFFICERS OF POLICE AND
AID TO THE MAGISTRATES
AND THE POLICE

CHAPTER V Sections 35 to 62 ARREST OF PERSONS

CHAPTER VI Sections 63 to 93 PROCESSES TO COMPEL

APPEARANCE (4 Parts)

CHAPTER VII Sections 94 to 110 PROCESSES TO COMPEL

THE PRODUCTION OF
THINGS

CHAPTER VIII Sections 111 to 124 RECIPROCAL

ARRANGEMENTS FOR
ASSISTANCE IN CERTAIN
MATTERS AND
PROCEDURE FOR
ATTACHMENT AND
FORFEITURE OF
PROPERTY

CHAPTER IX Sections 125 to 143 SECURITY FOR KEEPING

THE PEACE AND FOR
GOOD BEHAVIOUR

CHAPTER X Sections 144 to 147 ORDER FOR

MAINTENANCE OF WIVES,
CHILDREN AND PARENTS

CHAPTER XI Sections 148 to 167 MAINTENANCE OF PUBLIC

ORDER AND
TRANQUILLITY

CHAPTER XII Sections 168 to 172 PREVENTIVE ACTION OF

THE POLICE

CHAPTER XIII Section 173 to 196 INFORMATION TO THE

POLICE AND THEIR
POWERS TO INVESTIGATE

CHAPTER XIV Sections 197 to 209 JURISDICTION OF THE

CRIMINAL COURTS IN
INQUIRIES AND TRIALS
CHAPTER XV Sections 210 to 222 CONDITIONS REQUISITE
FOR INITIATION OF
PROCEEDINGS

CHAPTER XVI Section 223 to 226 COMPLAINTS TO

MAGISTRATES

CHAPTER XVII Section 227 to 233 COMMENCEMENT OF

PROCEEDINGS BEFORE
MAGISTRATES

CHAPTER XVIII Section 234 to 247 THE CHARGE (2 Parts)

CHAPTER XIX Sections 248 to 260 TRIAL BEFORE A COURT

OF SESSION

CHAPTER XX Sections 261 to 273 TRIAL OF WARRANT-CASES

BY MAGISTRATES (3 Parts)

CHAPTER XXI Section 274 to 282 TRIAL OF SUMMONS CASES

BY MAGISTRATES
CHAPTER XXII Sections 283 to 288 SUMMARY TRIALS
CHAPTER XXIII Sections 289 to 300 PLEA BARGAINING
CHAPTER XXIV Sections 301 to 306 ATTENDANCE OF PERSONS
CONFINED OR DETAINED
IN PRISONS
CHAPTER XXV Sections 307 to 336 EVIDENCE IN INQUIRIES
AND TRIALS (2 Parts)
CHAPTER XXVI Sections 337 to 366 GENERAL PROVISIONS AS
TO INQUIRIES AND TRIALS
CHAPTER XXVII Sections 367 to 378 PROVISIONS AS TO
ACCUSED PERSONS OF
UNSOUND MIND
CHAPTER XXVIII Sections 379 to 391 PROVISIONS AS TO
OFFENCES AFFECTING
THE ADMINISTRATION OF
JUSTICE
CHAPTER XXIX Sections 392 to 406 THE JUDGMENT
CHAPTER XXX Sections 407 to 412 SUBMISSION OF DEATH
SENTENCES FOR
CONFIRMATION
CHAPTER XXXI Sections 413 to 435 APPEALS
CHAPTER XXXII Sections 436 to 445 REFERENCE AND
REVISION
CHAPTER XXXIII Sections 446 to 452 TRANSFER OF CRIMINAL
CASES
CHAPTER XXXIV Sections 453 to 477 EXECUTION, SUSPENSION,
REMISSION AND
COMMUTATION OF
SENTENCES
CHAPTER XXXV Sections 478 to 496 PROVISIONS AS TO BAIL
AND BONDS
CHAPTER XXXVI Sections 497 to 505 DISPOSAL OF PROPERTY
CHAPTER XXXVII Sections 506 to 512 IRREGULAR PROCEEDINGS
CHAPTER XXXVIII Sections 513 to 519 LIMITATION FOR TAKING
COGNIZANCE OF CERTAIN
OFFENCES
CHAPTER XXXIX Sections 520 to 531 MISCELLANEOUS
THE FIRST SCHEDULE
THE SECOND SCHEDULE

​ FIR Registration: Introduces the Zero FIR, which states that when the police get
information revealing the commission of an offence beyond the boundaries of a
police station, they must record it in the book the officer would keep. In order to
expedite the initial step of criminal cases, complaints submitted electronically
must register a formal complaint within three days.

​ Medical Examination Reports: To ensure prompt gathering of vital evidence,

medical examination reports of rape victims must be sent to the investigating
officer within seven days.

​ Updates for Victims and Informants: Within 90 days, victims and informants
will get regular updates regarding the investigation's progress, promoting
openness and informing all parties involved.

​ Charges: Charges must be framed by qualified magistrates within sixty days of

the initial charge hearing.

​ Trial in Absentia: To speed up proceedings and guarantee that victims and

society receive justice on time, courts have the authority to begin a trial in
absentia against proclaimed offenders ninety days after the framing of the
charge.

​ Judgement Pronouncement: To provide a timely legal resolution, the criminal

Court will make decisions 45 days after the trial ends.
​ Uploading of Judgement: To facilitate plaintiffs' easy access, the Criminal Court
will upload the judgement on their portal within seven days of the date of
pronouncement.

​ Audio-video recording of the search: In order to increase transparency during

the investigation, the BNSS requires audio-video recording of the search and
seizure.

​ Attachment of Property during Investigation: The Court may attach the

property of offenders, which is considered the proceeds of crime. These
proceeds will be divided up among the victims. This would not only make crime
more difficult to commit, but it would also help victims of crime financially.

​ Undertrial detention: In accordance with the BNSS, an accused individual must

be released on personal bail after serving half of the allowed amount of time in
custody. This excludes (i) crimes carrying a life sentence and (ii) people who are
the subject of ongoing legal proceedings for multiple offences.

​ Forensic investigation: For offences carrying a minimum sentence of seven

years in prison, the BNSS requires forensic investigation. To gather forensic
evidence in these situations, forensic specialists will travel to crime scenes and
document the proceedings on a cell phone or other electronic devices. A state
must use forensics facilities located in another state if it lacks its own.

​ Finger imprints and signatures: The BNSS gives a magistrate the authority to
require anyone to produce sample handwriting or signatures. This is expanded in
the Sanhita to incorporate voice samples and finger impressions. It makes it
possible to obtain these samples from someone who hasn't been taken into
custody.

​ Procedure timelines: The Sanhita specifies deadlines for a number of different

procedures. For example, medical professionals who examine victims of rape are
required to report their findings to the investigating officer within seven days.
 Additional deadlines are as follows: (i) a judgement must be made within 30 days
of the conclusion of the arguments (with a 60-day extension possible); (ii) the
victim must be notified of the investigation's progress within 90 days; and (iii) a
sessions court must file charges within 60 days of the charges' initial hearing.

​ Police Custody: The BNSS allows for a maximum of 15 days of police custody,
which may be approved in segments within the first 40, 60, or 90 days of judicial
detention. If the authorities do not use up all 15 days of custody, this could result
in the entire period of bail being denied.

​ Use of handcuffs: The BNSS authorises the use of handcuffs during the arrest
process or when presenting an individual before the Court who is a habitual or
repeat offender, who has escaped from custody, or who has committed an offence
involving organised crime, terrorism, drugs, sexual offences, or offences against
the State, among other offences.

​ Metropolitan Magistrates have been abolished: The CrPC gave State

Governments the power to name any town or metropolis with more than a
million residents as a metropolitan area, meaning that Metropolitan Magistrates
would have to be present. Both the classification of metropolitan areas and the
function of metropolitan magistrates are abolished by the BNSS.
SECTION 1: SHORT TITLE, COMMENCEMENT AND APPLICATION:

(1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
[Corresponding Section of CrPC: Section 1(1)
(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and
XII thereof, shall not apply—
(a) to the State of Nagaland;
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any of
them to the whole or part of the State of Nagaland or such tribal areas, as the case may be,
with such supplemental, incidental or consequential modifications, as may be specified in
the notification. [Corresponding Section of CrPC: Sec. 1(2)]
Explanation—In this section, "tribal areas" means the territories which immediately
before the 21st day of January, 1972, were included in the tribal areas of Assam, as
referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those
within the local limits of the municipality of Shillong.
(3) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
Comment: A crucial component of the statute is the title. The statute's title provides a
decent indication of the content of the law and the subject matter it addresses.
Identification, not description, is the goal of the brief title. Subclause (2) is identical to
the CrPC, with the exception that it does not apply to the entirety of India. The Sanhita
went on air to go into effect on July 1, 2024, as announced by the Central Government. It
is mostly a procedural (adjective) law. The purpose of the Sanhita is to establish a
system of punishment for those who violate substantive criminal laws, such as the
Bharatiya Nyaya Sanhita, 2023. It is recommended to study the Bharatiya Nyaya Sanhita
and the Bharatiya Nagarik Suraksha Sanhita simultaneously.
While the Bharatiya Nagarik Suraksha Sanhita is a procedural law, several of its
provisions are similar to substantive law, for example, Prevention of Offences and
Maintenance Proceedings.
SECTION 2: DEFINITIONS:

Definition or interpretation clauses are typically inserted into statutes to either

interpret unclear words by giving them the meaning specified in the definition clause or
to extend the natural meaning of certain words in accordance with the definition
provided.

(a)​"audio-video electronic means" shall include the use of any communication device
for the purposes of video conferencing, recording of processes of identification,
search and seizure or evidence, transmission of electronic communication and for
such other purposes and by such other means as the State Government may, by
rules provide.
Comment: The addition of provisions allowing the use of "audio-visual electronic
means" for evidence recording is a significant change that emphasises the value of
technology in enhancing crime scene investigations and court cases. This is important to
prevent evidence manipulation. Although audio and video recordings might enhance the
quality of the evidence, they must be safeguarded from manipulation, whether
deliberate or accidental, that could alter, modify, or transpose the data.
(b)​"bail" means the release of a person accused of or suspected of the commission of
an offence from the custody of law upon certain conditions imposed by an officer or
Court on execution by such person of a bond or a bail bond.
Comment: In contrast to the Criminal Procedure Code, the BNSS has significantly
altered the bail requirements. Stricter criteria for individuals facing numerous offences
and wider eligibility for bail, particularly for first-time offenders, are among the major
modifications. While gang rape cases involving children are not covered by the BNSS's
anticipatory bail, it is under the CrPC. To ensure that undertrial detainees receive
equitable treatment while maintaining accountability, it creates new definitions and
processes for bail.
(c)​"Bailable offence" means an offence which is shown as bailable in the First
Schedule, or which is made bailable by any other law for the time being in force;
and "non-bailable offence" means any other offence. [Corresponding Section of
CrPC: Sec. 2(a)]

Comment: The accused is entitled to bail in cases of bailable offences. If an accused

person is willing to furnish bail at any point while they are in the custody of a police
officer, they should be released on it. Most cognizable offences are not subject to bail;
however, most non-cognizable offences are. The First Schedule of the BNSS lists the
categories for whether an offence is bailable or non-bailable, compoundable or
non-compoundable, cognizable or non-cognizable.
(d)​"bail bond" means an undertaking for release with surety.
Comment: An undertaking for release with surety is called a bail bond. It is a contract in
which the Court and the criminal defendant agree that the defendant will either appear
for trial or pay a certain amount of money. Chapter 35 of the Sanhita contains provisions
for bonds and bail.
(e) "bond" means a personal bond or an undertaking for release without surety.
Comment: A "personal" bond is one in which the defendant guarantees to appear in
Court and abide by the bond's terms and conditions. A defendant on a personal bond
will be required to pay the whole of the bail amount to the Court if they fail to show up
in Court. A bond is used as a guarantee that an individual freed on bond shows up for
Court when required.
(e)​"charge" includes any head of charge when the charge contains more heads than
one. [Corresponding Section of CrPC: Sec. 2(b)]

Comment: In a criminal trial, the charge framing is crucial. This phase is when a
criminal case might take several turns and result in various outcomes. Generally
speaking, the ultimate objective of the charge is to provide the accused with a clear
understanding of the accusations made against him and the purpose of the trial.
(f)​"cognizable offence" means an offence for which, and "cognizable case" means a
case in which, a police officer may, in accordance with the First Schedule or under
any other law for the time being in force, arrest without warrant. [Corresponding
Section of CrPC: Sec. 2(c)]

Comment: An offence that permits an arrest without a warrant under the BNSS is
considered a cognizable offence. The majority of crimes that fall under the category of
cognizable offences are more serious and do not qualify for bail. A police officer may
make an arrest without a warrant in situations involving cognizable offences, either in
line with the First Schedule or under any other applicable law.

(g)​"complaint" means any allegation made orally or in writing to a Magistrate, with a

view to his taking action under this Sanhita, that some person, whether known or
unknown, has committed an offence, but does not include a police report.
[Corresponding Section of CrPC: Sec. 2(d)]
Explanation—A report made by a police officer in a case which discloses, after
investigation, the commission of a non-cognizable offence shall be deemed to be a
 complaint; and the police officer by whom such report is made shall be deemed to
be the complainant.

Comment: An oral or written accusation presented to a magistrate to initiate a legal

action against an individual who is suspected of committing a crime is called a
complaint. Private complaints are filed by individuals instead of law enforcement, in
contrast to police reports. The purpose of allowing private complaints is to improve the
criminal justice system's accessibility and efficiency.

(h)​"electronic communication" means the communication of any written, verbal,

pictorial information or video content transmitted or transferred (whether from
one person to another or from one device to another or from a person to a device or
from a device to a person) by means of an electronic device including a telephone,
mobile phone, or other wireless telecommunication device, or a computer, or
audio-video player or camera or any other electronic device or electronic form as
may be specified by notification, by the Central Government.

Comment: In order to conduct trials, inquiries, and other proceedings (such as

summons and warrant issuance, service, and execution, holding of an inquiry,
examination of complainants and witnesses, trial in warrant and summons cases, as well
as summary trials and plea bargaining, recording of evidence in inquiries and trials, all
appellate proceedings, and such other proceedings), the BNSS introduced the electronic
communication.

(j) "High Court" means,—

(i) in relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High

Court for a State has been extended by law, that High Court;

(iii) in relation to any other Union territory, the highest Court of criminal
appeal for that territory other than the Supreme Court of India.
[Corresponding Section of CrPC: Sec. 2(e)]

Comment: A High Court is defined by the BNSS as the highest Court of criminal appeal
for a Union Territory, apart from the Supreme Court of India, as well as the High Court
for a State or a Union Territory if the State High Court's jurisdiction has been extended
to it by legislation.
(k) "inquiry" means every inquiry, other than a trial, conducted under this Sanhita
by a Magistrate or Court. [Corresponding Section of CrPC: Sec. 2(g)]
Comment: A formal investigation aimed at discovering the facts and circumstances
surrounding a legal matter is called an inquiry under BNSS, and the Court or a
magistrate can carry it out. Different from a trial, it is a crucial procedural step in the
criminal justice system that usually comes after the investigation stage. The purpose of
the inquiry is to evaluate the evidence and legal considerations in order to decide if the
case should go to trial.

(l) "investigation" includes all the proceedings under this Sanhita for the collection
of evidence conducted by a police officer or by any person (other than a Magistrate)
who is authorised by a Magistrate on this behalf. [Corresponding Section of
CrPC: Sec. 2(h)]

Explanation—Where any of the provisions of a special Act are inconsistent with

the provisions of this Sanhita, the provisions of the special Act shall prevail.

Comment: The collection and preservation of evidence to prove an accused person's

guilt or innocence is the main goal of an investigation conducted under the BNSS.
Suspects must be located and apprehended, evidence must be gathered, investigations
must be carried out, and a report must be written and submitted to the proper Court are
all parts of the investigation.

(m) "judicial proceeding" includes any proceeding in the course of which evidence is
or may be legally taken on oath. [Corresponding Section of CrPC: Sec. 2(i)]

Comment: Any process where testimony can be lawfully obtained under oath is
considered a judicial proceeding. A judgement, sentence, or final order based on
recorded evidence may be issued in these proceedings.

(n) "local jurisdiction", in relation to a Court or Magistrate, means the local area
within which the Court or Magistrate may exercise all or any of its powers under
this Sanhita and such local area may comprise the whole of the State, or any part of
the State, as the State Government may, by notification, specify. [Corresponding
Section of CrPC: Sec. 2(j)]

Comment: When a crime is committed at a specific location, the Court with jurisdiction
over the offence typically has the authority to look into and try the case. Territorial
jurisdiction, or jurisdiction over an area's locale or bounds, is referred to as local
jurisdiction.

(o) "non-cognizable offence" means an offence for which, and "non-cognizable

case" means a case in which, a police officer has no authority to arrest without
warrant. [Corresponding Section of CrPC: Sec. 2(l)]
Comment: Any offence for which the police cannot take cognizance is considered
non-cognizable. A police officer cannot make an arrest for an offence that is
non-cognizable without a warrant from the Magistrate; the police must get the
Magistrate's order first.

(p) "notification" means a notification published in the Official Gazette.

[Corresponding Section of CrPC: Sec. 2(m)]

Comment: The term "notification" refers to a notice that has been published in the
Official Gazette, and the terms "notify" and "notified" will be interpreted in that light.
Notification is written or printed information that provides information.

(q) "offence" means any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a complaint may be made
under section 20 of the Cattle Trespass Act, 1871. [Corresponding Section of
CrPC: Sec. 2(n)]

Comment: A criminal or illegal act that is punishable by law and about which a
complaint can be registered with a police or Magistrate is referred to as an offence. An
offence can be categorised as either cognizable or non-cognizable, bailable or
non-bailable, or compoundable or non-compoundable, depending on its nature, severity,
and seriousness.
(r) "officer in charge of a police station" includes, when the officer in charge of the
police station is absent from the station-house or unable from illness or other cause
to perform his duties, the police officer present at the station-house who is next in
rank to such officer and is above the rank of constable or, when the State
Government so directs, any other police officer so present. [Corresponding
Section of CrPC: Sec. 2(o)]

Comment: The Station House Officer (SHO), commonly referred to as the Police
Inspector (PI), is the person in command of a police station under the BNSS. The SHO is
in charge of managing the police station's operations. The Government sets the SHO's
rank, which ranges from Inspector to Sub-Inspector.
(s) "place" includes a house, building, tent, vehicle and vessel. [Corresponding
Section of CrPC: Sec. 2(p)]

Comment:

(t) "police report" means a report forwarded by a police officer to a Magistrate

under sub-section (3) of section 193. [Corresponding Section of CrPC: Sec. 2(r)]
Comment: The final findings of an investigation are included in this report. The
investigating officer must provide the Magistrate with a final report, commonly known
as a challan, once the investigation is concluded. Compliance with the guidelines set
forth by the State Government is crucial when submitting a police report.

(u) "police station" means any post or place declared generally or specially by the
State Government, to be a police station, and includes any local area specified by
the State Government in this behalf. [Corresponding Section of CrPC: Sec. 2(s)]

Comment: "Police Station" can refer to any location that the State Government has
specifically or generally designated as a police station; it cannot simply indicate "a place
where police officers are stationed."

(v) "Public Prosecutor" means any person appointed under section 18, and includes
any person acting under the directions of a Public Prosecutor. [Corresponding
Section of CrPC: Sec. 2(u)]

Comment: In the criminal justice system, the State's interests are represented by a
public prosecutor. After the police have completed the investigation and filed the charge
sheet with the Court, they assume this responsibility. They don't take part in the
investigation.
(w) "sub-division" means a sub-division of a district. [Corresponding Section of
CrPC: Sec. 2(v)]

Comment: In addition to being referred to as tehsil, taluk, circle, subdivision, and

mandal, sub-divisions are administrative divisions.

(x) "summons-case" means a case relating to an offence, and not being a

warrant-case. [Corresponding Section of CrPC: Sec. 2(w)]

Comment: Cases initiated on a summons are for crimes carrying a maximum two-year
prison sentence. These cases are minor or petty offences, which are handled through a
legal process where the accused is called to appear in Court upon the Magistrate's
summons. When compared to warrant proceedings, the process is typically quicker and
easier.

(y) "victim" means a person who has suffered any loss or injury caused by reason of
the act or omission of the accused person and includes the guardian or legal heir of
such victim. [Corresponding Section of CrPC: Sec. 2(wa)]

Comment: A victim is a person who has directly experienced financial, psychological, or

physical suffering as a result of another person committing a crime.
 (z) "warrant-case" means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years.
[Corresponding Section of CrPC: Sec. 2(x)]

Comment: Warrant cases are those involving offences that carry a sentence of
"imprisonment" longer than two years. Compared to a summons case, the nature of the
offence is more serious in a warrant case.

Sub-section (2): Words and expressions used herein and not defined but defined in
the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall
have the meanings respectively assigned to them in that Act and Sanhita.
[Corresponding Section of CrPC: Sec. 2(y)]

Comment: Referring to previously established definitions in those Acts is significant

because it eliminates the need to define terms repeatedly and ensures consistency and
clarity across legal documents.

SECTION 3: CONSTRUCTION OF REFERENCES

(1)​Unless the context otherwise requires, any reference in any law, to a Magistrate
without any qualifying words, a Magistrate of the first class or a Magistrate of the
second class shall, in relation to any area, be construed as a reference to a Judicial
Magistrate of the first class or Judicial Magistrate of the second class, as the case
may be, exercising jurisdiction in such area. [Corresponding Section of CrPC:
Sec. 3(3)]

(2) Where, under any law, other than this Sanhita, the functions exercisable by a
Magistrate relate to matters—

(a) which involve the appreciation or shifting of evidence or the formulation of any
decision which exposes any person to any punishment or penalty or detention in
custody pending investigation, inquiry or trial or would have the effect of sending
him for trial before any Court, they shall, subject to the provisions of this Sanhita, be
exercisable by a Judicial Magistrate; or

(b) which are administrative or executive in nature, such as, the granting of a
licence, the suspension or cancellation of a licence, sanctioning a prosecution or
withdrawing from a prosecution, they shall, subject to the provisions of clause (a)
 be exercisable by an Executive Magistrate. [Corresponding Section of CrPC: Sec.
3(4)]

Explanation: Any law that refers to a magistrate without naming the class—first or
second—will refer to either a Judicial Magistrate first-class or second class depending
on the territory over which they have jurisdiction. A Judicial Magistrate must carry out
these duties if a law other than BNSS requires a Magistrate to make decisions about the
following: evaluating and appreciating the evidence, determining punishments,
directing detention or custody before trial, or summoning a witness for trial.

However, an Executive Magistrate (who handles administrative affairs) will undertake

responsibilities that are administrative or executive in nature, such as issuing or
cancelling licenses, sanctioning prosecutions, or withdrawing from prosecutions.

SECTION 4: TRIAL OF OFFENCES UNDER BHARATIYA NYAYA SANHITA, 2023 AND

OTHER LAWS.

(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired
into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and
otherwise dealt with according to the same provisions, but subject to any enactment for
the time being in force regulating the manner or place of investigating, inquiring into,
trying or otherwise dealing with such offences. [Corresponding Section od CrPC: Sec. 4]

Explanation: The investigation, trial, and other legal processes specified in this section
shall apply to any offences committed under the BNSS. Unless another law specifies a
different course of action for an investigation, questioning, or trial of the offence, the
same procedural principles will apply to crimes under other laws. Then, those particular
laws will be superseded.

SECTION 5: SAVING

Nothing contained in this Sanhita shall, in the absence of a specific provision to the
contrary, affect any special or local law for the time being in force, any special jurisdiction
or power conferred, or any special form of procedure prescribed, by any other law for the
time being in force. [Corresponding Section of CrPC: Sec 5]

Explanation: Existing local or special laws are protected under this section. It makes
clear that the following situations are exempt from the BNSS if there is no clear conflict:
any special law that is in effect at the moment, any special authority or jurisdiction
granted to specified authorities, or any particular legal process mandated by other laws.
Put another way, unless otherwise specified, this law will not conflict with existing legal
frameworks or procedures.