Criminal procedure: BNSS

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In short

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is India's code of criminal procedure — it tells you how an offence is reported, investigated, tried, sentenced and appealed, and who may do each step. It replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024, carrying forward most of the old structure while adding statutory timelines, electronic processes, mandatory forensics and victim-facing rights. BNSS has 531 sections in 39 chapters with two schedules (CrPC had 484 sections); the First Schedule classifies offences and the Second gives forms. It is examined in every LLB criminal procedure paper, in AIBE and judicial services, and is the daily working law for litigation associates, public prosecutors, police, compliance and legal-process roles.

Explained

Scheme, classification of offences and courts

Repeal and savings (s.531): CrPC is repealed, but appeals, applications, trials, inquiries and investigations pending on 1 July 2024 continue under the CrPC — so both codes run in parallel for years.
Cognizable vs non-cognizable (s.2(1)(g), 2(1)(o)): cognizable — police may register an FIR and arrest without warrant; non-cognizable — police need a Magistrate's order under s.174/s.175(2).
Bailable vs non-bailable (s.2(1)(d)): bailable — bail is a matter of right (s.478); non-bailable — discretion of court (s.480).
Summons case vs warrant case (s.2(1)(y), 2(1)(za)): warrant case = offence punishable with death, life, or imprisonment exceeding two years; everything else is a summons case.
Criminal courts (s.6): Supreme Court and High Courts; Sessions Court; Chief Judicial Magistrate; Judicial Magistrate of the first class; Judicial Magistrate of the second class; Executive Magistrates. BNSS abolished the Metropolitan Magistrate/metropolitan area structure — a single pattern now applies countrywide.
Sentencing powers: Sessions Judge — any lawful sentence, but a death sentence needs High Court confirmation (s.407–409); CJM — up to 7 years; JMFC — up to 3 years or fine up to ₹50,000 or both or community service; JM second class — up to 1 year or fine up to ₹10,000 or both or community service. On consecutive sentences a Magistrate's aggregate cannot exceed twice his power and never 14 years (s.25).
Key definitions added (s.2): "audio-video electronic means", "electronic communication", "bail", "bail bond", "bond", and "victim".

Information, investigation and forensics

FIR (s.173): information of a cognizable offence is recorded in writing or electronically (e-FIR); an electronic FIR must be signed within three days by the informant. Information may be given irrespective of the area where the offence is committed — statutory "zero FIR" — and is then forwarded to the police station having jurisdiction.
Preliminary enquiry (s.173(3)): for a cognizable offence punishable with 3 years or more but less than 7 years, the officer may, with prior permission of an officer not below DSP rank, conduct a preliminary enquiry within 14 days to see whether a prima facie case exists, or proceed to investigate.
Information to informant/victim (s.193(3)(ii)): progress of investigation must be informed within 90 days, including by electronic means.
Forensics made compulsory (s.176(3)): for offences punishable with 7 years or more, forensic experts must visit the crime scene, collect evidence and videograph the process; a State without facilities may use another State's, and the provision is to be rolled out within five years of commencement.
Search and seizure (s.103, 105, 185): every search and seizure, and the list of seized articles, must be audio-video recorded, preferably on a mobile phone, and the recording forwarded to the Magistrate without delay.
Statements and confessions (s.180, 183): police record witness statements, which may be by audio-video means; a Magistrate records confessions and statements under s.183. Statements of a woman victim of a sexual offence are recorded by a woman Magistrate/officer, where practicable at her residence.
Medical examination (s.184): in rape cases the registered medical practitioner must forward the report to the investigating officer within seven days.
Police report / "chargesheet" (s.193): filed on completion of investigation; further investigation and a supplementary chargesheet must be completed within 90 days, extendable with the court's permission.
Time limits for completing investigation (s.193(3) proviso, read with s.187): 60 or 90 days as applicable for custody purposes, and for sexual offences against children under the POCSO-linked provisions, investigation is to be completed in two months from recording of information.

Arrest, custody and bail

Arrest without warrant (s.35): permitted broadly for cognizable offences; no arrest for an offence punishable with less than 3 years where the person is above 60 years without prior permission of an officer not below DSP rank (s.35(7)). Notice of appearance under s.35(3) substitutes arrest where arrest is not necessary (the *Arnesh Kumar* discipline, now statutory).
Safeguards: s.36 — police to bear accurate, visible identification; s.37 — every district and police station must designate an officer and display, including on a digital board, the names and addresses of arrested persons and the offence; s.47 — grounds of arrest to be communicated; s.48 — information of arrest to relatives/friends; s.53 — medical examination; s.58 — production before a Magistrate within 24 hours (Article 22(2) of the Constitution); s.43(3) — handcuffs permitted for habitual/repeat offenders and specified grave offences.
Remand (s.187): total detention pending investigation cannot exceed 90 days (offences punishable with death, life or imprisonment of 10 years or more) or 60 days otherwise. BNSS allows police custody of up to 15 days in whole or in parts, taken at any time during the first 40 days of the 60-day period or the first 60 days of the 90-day period.
Default/statutory bail (s.187(3)): on expiry of 60/90 days without a chargesheet, the accused is entitled to be released on bail if prepared to furnish bail — an indefeasible right, but it must be claimed before the chargesheet is filed.
Bail chapter (s.478–496): s.478 bailable offences; s.480 non-bailable; s.481 bond for appearance after conviction; s.482 anticipatory bail; s.483 High Court/Sessions powers; s.484 amount of bond and reduction thereof; s.490 deposit in lieu of bond.
Undertrial release (s.479): a first-time offender (never previously convicted) must be released on bond on completion of one-third of the maximum sentence; any other undertrial on completion of one-half. Not available where the offence is punishable with death or life, and restricted in multiple-case situations; the jail superintendent must apply to the court on the prisoner's behalf.

Pre-trial, charge and trial

Cognizance (s.210): on a police report, a complaint, or information/own knowledge. Magistrates' power to order investigation — s.175(3) (old s.156(3)) — now requires the Magistrate to consider the informant's s.173(4) application and hear the police officer.
Complaint cases (s.223): a Magistrate shall not take cognizance on a complaint without giving the accused an opportunity to be heard — a significant new safeguard; inquiry/postponement of process under s.225–227, including inquiry by audio-video means.
Supply of documents (s.230): copies of the police report, FIR, statements and other documents to be supplied to the accused and the victim within 14 days, including electronically.
Committal (s.232): the Magistrate commits a sessions case within 90 days of taking cognizance, extendable up to 180 days for recorded reasons.
Charge (s.234–246): contents, joinder, alteration. In a sessions trial, charge is to be framed within 60 days from the first date of hearing on charge (s.251); a discharge application lies within 60 days of supply of copies (s.250).
Four modes of trial: Sessions trial (s.248–260); warrant case before a Magistrate (s.261–273); summons case (s.274–282); summary trial (s.283–288) — summary trial is now mandatory for offences punishable up to 3 years for a first-class Magistrate (sentence in summary trial capped at 3 months).
Trial in absentia (s.356): a proclaimed offender absconding and evading trial may be tried and judgment pronounced in absence, after at least 90 days from framing of charge, with a counsel provided by the court — entirely new.
Evidence and witnesses: s.265/s.308 — evidence, including of public servants and experts, may be recorded through audio-video electronic means; s.398 — every State must prepare a Witness Protection Scheme; s.346 — not more than two adjournments to a party; s.530 — all trials, inquiries and proceedings may be held in electronic mode, including service of summons, examination and appeals.
Plea bargaining (s.289–300): available for offences not punishable with death, life or more than 7 years, not affecting socio-economic conditions and not against a woman or a child below 14; the application must be filed within 30 days of framing of charge. Sentence is usually half of the minimum punishment where a minimum is prescribed (one-fourth of the punishment provided where no minimum is prescribed), and no appeal lies except by writ/special leave.
Withdrawal of prosecution (s.360): the court must give the victim an opportunity to be heard before permitting withdrawal.

Judgment, sentence, compensation and remedies

Judgment (s.392): pronounced in open court, within 45 days of the termination of the trial; in a sessions trial the judgment must come within 30 days of completion of arguments, extendable to 45 days for reasons recorded (s.258), and the judgment is uploaded on the court's portal within seven days.
Sentencing options: fine, imprisonment, life, death, and — via the BNS — community service, administered through the procedural machinery of BNSS.
Compensation and restitution: s.395 — order to pay compensation out of fine (old s.357); s.396 — Victim Compensation Scheme in every State (old s.357A); s.397 — treatment of victims free of cost in hospitals; s.398 — witness protection.
Attachment and forfeiture: s.84–86 — proclamation and attachment of a proclaimed person's property, including a request to a foreign court/authority; s.107 — attachment, forfeiture and distribution of property derived from criminal activity, on application to the court with the Superintendent of Police's approval.
Appeals (s.413–435): no appeal from a conviction in a petty case (s.417); appeal to Sessions Court from a Magistrate's order, to the High Court from a Sessions conviction; victim's right to appeal against acquittal; appeal to Supreme Court s.420. Revision — s.438–442; reference — s.436; inherent powers of the High Court — s.528 (old s.482).
Mercy petitions (s.472): statutory timelines are introduced for a death-row convict's petition to the Governor and then to the President (broadly 30 days and 60 days respectively, counted from the dates specified in the section); no appeal lies against the order on a mercy petition. Read the section text, as the computation points are precise.
Limitation for cognizance (s.514): six months where the offence is punishable with fine only; one year where imprisonment does not exceed one year; three years where it exceeds one year but not three years. Extension/condonation is possible in the interests of justice (s.519).

Preventive, executive and miscellaneous powers

Security for keeping the peace and good behaviour (s.125–143): bonds from habitual offenders, persons disseminating seditious matter, etc.
Dispersal of unlawful assemblies (s.148–151) and public nuisance (s.152–162): powers of Executive Magistrates and police.
Prohibitory orders (s.163): the familiar "Section 144 CrPC" power is now BNSS s.163 — urgent orders in cases of nuisance or apprehended danger, maximum two months, extendable by the State Government to six months.
Maintenance (s.144–147): maintenance of wives, children and parents — the old s.125 CrPC jurisdiction; summary, welfare-oriented, available irrespective of personal law, with no statutory ceiling on the amount since the 2001 amendment to the CrPC was carried forward.
Disputes as to immovable property (s.164–167) and preventive action by police (s.168–172).
Advantages of BNSS: hard timelines at every stage, zero FIR and e-FIR, forensic rigour, victim participation, digital service and trials, reduced undertrial population through s.479.
Limitations and criticism: longer permissible police custody window under s.187, trial in absentia raising fair-trial concerns, retention of broad preventive detention-style bonds, heavy dependence on forensic and digital infrastructure that many districts still lack, and transitional confusion from running CrPC and BNSS in parallel.

Key points

BNSS, 2023 — Act 46 of 2023; in force 1 July 2024; 531 sections, 39 chapters, 2 schedules; replaced CrPC, 1973.
s.531 - repeal and savings: matters pending on 1 July 2024 continue under the CrPC.
Zero FIR (s.173(1)) - FIR must be registered regardless of territorial jurisdiction and transferred onward.
e-FIR (s.173(1)) - information may be given electronically; to be signed within three days.
s.173(3) - optional 14-day preliminary enquiry for offences punishable 3 to under 7 years, with DSP-level permission.
s.176(3) - compulsory forensic visit and videography for offences punishable with 7 years or more.
s.105 - audio-video recording of search and seizure, forwarded to the Magistrate.
s.187 - 60/90-day investigation limits; 15 days' police custody usable in parts within the first 40/60 days.
s.187(3) - default bail on expiry of 60/90 days without a chargesheet.
s.479 - undertrial released on bond at one-third of maximum sentence (first-time offender) or one-half (others).
s.482 - anticipatory bail; s.480 - bail in non-bailable offences; s.478 - bail as of right in bailable offences.
s.223 - accused must be heard before cognizance is taken on a complaint.
s.230 - copies of police report and documents to accused and victim within 14 days.
s.251/s.232 - charge within 60 days of first hearing; committal within 90 days of cognizance.
s.356 - trial in absentia of a proclaimed offender, 90 days after charge.
s.289–300 - plea bargaining, application within 30 days of charge; capped at offences up to 7 years.
s.392 - judgment within 45 days of termination of the trial (s.258: within 30 days of close of arguments, extendable to 45); uploaded within seven days.
s.163 - prohibitory orders (old s.144 CrPC); s.144 - maintenance (old s.125 CrPC); s.528 - High Court's inherent powers (old s.482).

Formulas and examples

Default bail period = 90 days (death / life / imprisonment ≥ 10 years) or 60 days (all other offences), counted from the date of the first remand order, not the date of arrest.
Police custody window (s.187) = up to 15 days total, in one or more parts, within the first 40 days (60-day cases) or first 60 days (90-day cases).
s.479 release point = (1/3) × maximum sentence for a first-time offender; (1/2) × maximum sentence otherwise.
Plea-bargained sentence ≈ 1/2 of the minimum prescribed punishment; where no minimum is prescribed, about 1/4 of the punishment provided.
Limitation (s.514) = 6 months (fine only) | 1 year (imprisonment ≤ 1 year) | 3 years (1 year < imprisonment ≤ 3 years); nil for graver offences.
Magistrate's aggregate on consecutive sentences (s.25) = min(2 × sentencing power, 14 years).

Example 1 — computing default bail. X is arrested on 10 January 2026 for an offence punishable with 10 years' imprisonment and first remanded on 11 January 2026.

Applicable period = 90 days (punishment is 10 years or more).
From 11 January: January contributes 21 days (to 31 January) → 21; February 2026 (not a leap year) 28 days → 49; March 31 days → 80; 10 more days → 10 April 2026 is the 90th day.
If no chargesheet is filed by then, X is entitled to default bail under s.187(3) from 11 April 2026, provided he applies and furnishes bail before the chargesheet is filed.

Example 2 — police custody in parts. Same case (90-day limit, so a 60-day PC window).

Police take 5 days' custody from day 1, return the accused to judicial custody, take 4 more days on day 22, and 6 more on day 50.
Total = 5 + 4 + 6 = 15 days, all within day 60 → lawful under s.187. A further day of police custody on day 61 would be illegal on both counts (limit exhausted and window closed).

Example 3 — s.479 release of an undertrial. Y, with no previous conviction, is an undertrial for an offence punishable with a maximum of 7 years.

One-third of 7 years = 7 × 12 / 3 = 28 months = 2 years 4 months.
Y must be released on bond after 2 years 4 months of detention. Had Y a previous conviction, the point would be one-half = 42 months = 3 years 6 months.

Example 4 — limitation under s.514. An offence punishable with imprisonment up to one year is committed on 1 March 2024; the complaint is filed on 20 June 2025.

Limitation = 1 year, expiring 28 February 2025 (s.514 computation runs from the date of the offence, or of knowledge/discovery where applicable).
Delay = roughly 3 months and 20 days beyond expiry → cognizance is barred unless the court extends the period in the interests of justice under s.519, on an explanation of the delay.

Example 5 — trial timeline in a Sessions case. Cognizance on 1 April 2026.

Step	Provision	Due date
Copies to accused and victim	s.230	15 April 2026 (14 days)
Discharge application	s.250	within 60 days of supply of copies
Framing of charge (from first hearing, say 20 April)	s.251	by 19 June 2026 (60 days)
Plea bargaining application	s.290	within 30 days of charge
Judgment after arguments close, say 10 December 2026	s.258	by 9 January 2027 (30 days), extendable to 24 January 2027 (45 days)

Aspect	CrPC, 1973	BNSS, 2023
Sections / chapters	484 / 37	531 / 39
FIR	Jurisdiction-bound in practice	Zero FIR and e-FIR statutory (s.173)
Police custody	15 days, normally at the start	15 days in parts within first 40/60 days (s.187)
Forensics	Discretionary	Mandatory for offences ≥ 7 years (s.176(3))
Absconder's trial	Not permitted	Trial in absentia (s.356)
Magistracy	Included Metropolitan Magistrates	Metropolitan structure abolished
Judgment timeline	None	45 days from termination of trial (s.392); 30 days from close of arguments, extendable to 45 (s.258)
Undertrial release	s.436A — half the maximum	s.479 — one-third for first-time offenders
Victim's role	Limited	Copies, 90-day updates, hearing on withdrawal, appeal
Prohibitory order	s.144	s.163

Where it is used

Litigation practice: criminal defence and complainant-side work in District and Sessions Courts and High Courts — bail applications, s.482 anticipatory bail, s.528 quashing petitions, revisions.
Public prosecution and government law offices: Assistant Public Prosecutors, Additional Public Prosecutors, government advocates; prosecution sanction, withdrawal applications, appeals against acquittal.
Police and investigation agencies: State police, CBI, ED, NIA, NCB and GST/Customs intelligence wings follow BNSS for arrest, search, seizure and chargesheets, subject to their special statutes.
Judicial services and tribunals: State judicial service examinations test BNSS heavily; law clerks and research assistants in High Courts and the Supreme Court work with it daily.
In-house legal, compliance and forensic firms: responses to summons and notices, representation in company and economic offence prosecutions, whistle-blower and POSH matters that spill into criminal complaints; LPO/legal-research employers (Cyril Amarchand, Khaitan, Trilegal, CAM, Lakshmikumaran & Sridharan, Big Four forensic practices) ask BNSS questions in technical rounds.
Legal technology and e-courts: case-management, e-filing and ICJS/CCTNS-linked products built around BNSS s.530 electronic proceedings and digital summons.

Interview questions

Q: What does BNSS change most fundamentally from the CrPC? A: It keeps the CrPC's architecture but hard-wires timelines, electronic processes, compulsory forensics for grave offences and victim-facing rights, and adds trial in absentia and property attachment for proceeds of crime.
Q: What is a zero FIR and is it now statutory? A: An FIR registered by a police station that lacks territorial jurisdiction and then forwarded to the competent station; s.173(1) of BNSS makes it a statutory duty rather than a circular-based practice.
Q: How long can an accused be in police custody under s.187? A: Up to 15 days in total, which may now be taken in parts, but only within the first 40 days of a 60-day case or the first 60 days of a 90-day case.
Q: When does the right to default bail arise and can it be defeated? A: On expiry of 60 or 90 days of detention without a chargesheet; it is indefeasible but must be claimed and bail furnished before the chargesheet is filed, otherwise it lapses.
Q: Which provision replaced section 144 CrPC? A: Section 163 BNSS — urgent prohibitory orders by an Executive Magistrate, valid for up to two months, extendable by the State Government to six months.
Q: Explain the new safeguard in complaint cases. A: Under s.223 a Magistrate cannot take cognizance on a complaint without first giving the proposed accused an opportunity to be heard — a departure from the CrPC.
Q: What is trial in absentia under s.356 and why is it controversial? A: A proclaimed offender who absconds may be tried and sentenced in absence, at least 90 days after charge, with court-appointed counsel; critics say it strains the right to be present and to cross-examine.
Q: How does s.479 differ from the old s.436A? A: Section 436A released undertrials at half the maximum sentence; s.479 adds a one-third threshold for first-time offenders and places a duty on the jail superintendent to move the court.
Q: Is plea bargaining available for a rape case punishable with 10 years? A: No — plea bargaining is barred for offences punishable with death, life or more than seven years, and for offences against women and children below 14.
Q: Which cases are still governed by the CrPC after 1 July 2024? A: Appeals, applications, trials, inquiries and investigations pending on that date, by virtue of the savings clause in s.531.
Q: What happens if a court frames charge beyond the 60-day period in s.251? A: The timeline is directory in effect — delay does not by itself vitiate the trial — but it invites administrative accountability and can support a plea of prejudice or a speedy-trial argument.
Q: Which section now carries the High Court's quashing power? A: Section 528 BNSS, the successor to s.482 CrPC, preserving inherent powers to secure the ends of justice.

Common mistakes

Quoting CrPC section numbers in BNSS answers — s.144 is now maintenance and s.163 is the prohibitory order; s.482 is anticipatory bail and s.528 is inherent powers. Mapping errors cost marks and credibility.
Counting the 60/90-day default bail period from the date of arrest instead of the date of the first remand order.
Saying BNSS allows "60 days of police custody" — the 15-day cap is unchanged; only the window in which those 15 days may be taken has widened.
Treating s.479 as automatic release regardless of the offence — it does not apply to offences punishable with death or life, and is restricted where multiple cases are pending.
Forgetting the s.531 savings clause and applying BNSS to a trial pending before 1 July 2024.
Confusing summary trial (sentence capped at three months) with a summons-case trial, and assuming a Magistrate may always choose either.
Asserting that BNSS "abolished sedition" or defined offences — offences and punishments sit in the Bharatiya Nyaya Sanhita, and proof in the Bharatiya Sakshya Adhiniyam; BNSS is only procedure.