BNSS vs. CrPC: A Detailed Comparison of India’s New Criminal Procedure System

The year 2023 brought a transformative shift to India’s criminal justice system with the introduction of three new laws. Among them, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaced the Code of Criminal Procedure (CrPC), 1973, after 50 years. This change aims to modernize procedures, use technology in investigations, reduce delays in trials, and ensure a more victim- and citizen-centric legal system. While the CrPC served India for decades, it was drafted in a period when technology, cybercrime, and digital evidence hardly existed. The BNSS marks a transition into a new era of policing, investigation, and criminal trials. Let us explore the detailed comparison between the two laws.

A Modern Replacement for a Colonial-Era Structure

The CrPC, though revised in 1973, was originally built on a colonial criminal procedure framework designed by the British in 1861. It focused more on state authority and control, whereas modern societies demand a justice system rooted in transparency, speed, and fairness. The BNSS replaces outdated mechanisms and introduces fresh procedures aligned with India’s current needs cybercrime, digital evidence, forensic investigation, victims’ rights, and speedy justice. This shift is not merely a name change; it is a structural transformation intended to help India overcome delays and inefficiencies that have long plagued the criminal justice system.

Emphasis on Use of Technology in Investigation

One of the most important differences between BNSS and CrPC is the mandatory use of technology. The CrPC made little reference to digital methods because it belonged to a pre-technology era. On the other hand, BNSS mandates the use of audio-video recording at multiple stages of investigation such as arrest, search, seizure, confession, and statement recording. This helps prevent manipulation, protects both the accused and the victim, and creates transparent evidence for courts.

BNSS also encourages the use of electronic communication, meaning summons, warrants, or notices may be sent through digital means, making the process faster and preventing unnecessary delays caused by physical delivery. This modernization reflects how the criminal justice system must keep pace with the digital world.

Forensic Evidence Made Mandatory

Under the CrPC, forensic assistance was not compulsory in investigations. As a result, police often relied mainly on oral testimony or circumstantial evidence, which has limitations. In the BNSS, forensic investigation becomes mandatory for offenses punishable with more than seven years of imprisonment. This includes crimes like rape, murder, terrorism, and organized crime.

Forensic experts must visit the crime scene, collect samples, and prepare reports that are critical for the trial. This reduces dependence on unreliable witness statements and ensures scientific accuracy in evidence collection. It also raises the standard of investigation, bringing India closer to global policing practices.

Speedy Trials and Reducing Delays

One of the biggest criticisms of the CrPC is the massive delay it causes in criminal trials. Cases often take 10–20 years to reach final judgment. BNSS introduces several structural changes to ensure faster disposal:

• Chargesheet must be filed within 60–90 days in most cases.

• Judgment should ideally be delivered within 30 days of final argument.

• Statements of witnesses should be recorded on the same day, wherever possible.

• Trials can be conducted in electronic mode, reducing postponements due to non-availability of parties.

  
  

These measures directly address the long-pending issue of judicial delays that have burdened India’s legal system for decades. If effectively implemented, they can significantly improve the speed of justice.

Stronger Protection for Victims and Women

The CrPC largely focused on the rights of the accused, with limited provisions for victim protection. BNSS introduces a more victim-centric approach. It mandates:

• Mandatory video-recording of statements of women and children in sensitive cases.

• Victims’ right to obtain copies of FIR, investigation reports, and updates at every stage.

• Greater sensitivity in cases of sexual offenses, including strict timelines for medical examination and evidence collection.

  
  

These reforms aim to reduce secondary trauma faced by victims and ensure that the legal process itself does not become another form of harassment.

Provisions for Zero FIR and Citizen Empowerment

Another major improvement under BNSS is the formal recognition of Zero FIR, which was not clearly mentioned in the CrPC. Under Zero FIR, a victim can file a complaint in any police station, regardless of jurisdiction. The police must then register it and transfer it to the concerned station. This provision is extremely beneficial in cases involving sexual offenses, road accidents, cybercrime, and crimes committed while traveling. BNSS also allows citizens to file complaints electronically and increases accountability on the police for delays in FIR registration. These changes reflect a system designed to serve citizens more efficiently.

Stricter Provisions for Organized and Cybercrime

CrPC was designed for traditional crimes like theft, assault, and homicide. It lacked tools for dealing with modern threats such as cyber fraud, cryptocurrency crimes, organized networks, terrorism, and cross-border offenses. BNSS provides a framework for:

• freezing digital accounts

• seizing electronic devices

• preserving digital data

• recording digital footprints

• investigating cyber-enabled crimes

  
  

These changes were essential because nearly every crime today leaves a digital trace, which CrPC did not fully address.

Reforms in Arrest and Detention

While CrPC allowed wide discretionary powers to police, BNSS tries to strike a balance. It emphasises:

• audio-video recording of arrests, preventing false allegations

• mandatory medical examination of accused and victims

• use of handcuffs only in serious crimes such as terrorism, murder, or organized crime

• strict timelines for producing accused before magistrates

These measures protect both human rights and investigative integrity.

Simplified Language and Structure

The CrPC had complex and outdated language that was difficult for citizens and even young lawyers to understand. BNSS simplifies terminology, restructures sections, and uses clear, modern language. For example, concepts like “trial by warrant case” have been simplified for better understanding. This enhances accessibility and transparency in criminal procedure.

Conclusion: A Step Toward a Modern Justice System

While the CrPC served India for decades, it was increasingly unable to address the demands of modern society. The BNSS brings sweeping reforms mandatory forensics, use of technology, victim-centric procedures, faster trials, detailed arrest guidelines, and digital-first processes. The success of BNSS will ultimately depend on effective implementation, training of police and judicial officers, and investment in forensic infrastructure. However, it is clear that the BNSS represents a major leap toward a faster, more transparent, and citizen-friendly criminal justice system one that matches India’s growth and technological advancement.