BHARATIYA NAGARIK SURAKHA

SANHITA

Session 2
Dr Rohini Katoch Sepat, IPS
Deputy Director
SVP NPA
ARREST
Arrest in special circumstances

• In case of an offence punishable for less than 3 years,

• And where a person is infirm or above 60 years of age,

• An arrest can be made only if an officer not below the rank of Deputy
Superintendent of Police grants prior permission for such arrest.
Arrest by a private person

• As regards arrest by a private person,

• a time limit of six hours has now been introduced

• within which the private person will have to make over

such person so arrested to the Police
Execution of out of jurisdiction arrest
warrant
Safeguard for anyone who is arrested pursuant to a warrant
outside the jurisdiction where warrant was issued,

• is the addition of subsection (2) to Section 82 of BNSS

corresponding to Section 80 of CrPC.

• By this change, information about such arrested person needs to

be given to authorities in the district where the person usually
resides.
HANDCUFF
• The BNSS provides for the use of handcuffs during arrest.

43(3) The police officer may,

• keeping in view the nature and gravity of the offence,
• use handcuff while making the arrest of a person or while producing such person before
the court
• Who Is A Habitual Or Repeat Offender,
• Or Who Escaped From Custody,
• Or Who Has Committed Offence Of Organized Crime,
• Terrorist Act,
• Drug Related Crime, Or
• Illegal Possession Of Arms And Ammunition,
• Murder, Rape, Acid Attack, Counterfeiting Of Coins And Currency-notes, Human
Trafficking, Sexual Offence Against Children, Or Offence Against The State .
• Who Is A Habitual Or Repeat Offender,
• Or Who Escaped From Custody,
• Or Who Has Committed Offence Of Organized Crime,
• Terrorist Act,
• Drug Related Crime, Or
• Illegal Possession Of Arms And Ammunition,
• Murder,
• Rape,
• Acid Attack,
• Counterfeiting Of Coins And Currency-notes,
• Human Trafficking,
• Sexual Offence Against Children,
• Or Offence Against The State
REMAND
• The maximum period of police custody is 15 days.

• It may be spread over:

• (i) 60 days where the offence is punishable with at least 10

years of imprisonment, or

• (ii) 40 days for any other offence. (BNSS Sec 187).

• 187 (2) The Magistrate to whom an accused person is forwarded under this section
may, irrespective of whether he has or has no jurisdiction to try the case,
• after taking into consideration whether such person has not been released on bail
or his bail has been cancelled, authorise, from time to time,
• the detention of the accused in such custody as such Magistrate thinks fit, for a
term not exceeding fifteen days in the whole, or in parts, at any time during the
initial forty days or sixty days out of detention period of sixty days or ninety days,
as the case may be, as provided in sub-section (3), and if he has no jurisdiction to
try the case or commit it for trial, and considers further detention unnecessary, he
may order the accused to be forwarded to a Magistrate having such jurisdiction.
■ Maximum Period of Police custody ?

■ Ans : It is 15 days only

VICTIM STATEMENT/
WITNESS STATEMENT
• By the addition of two new provisos to Section
183(6)(a) of BNSS
corresponding to Section 164(5A)(a) of CrPC,
• Additional safeguards have been provided for recording of statements by a judicial
magistrate. ( Previously mentioned in Shivanna v/s State of Karnataka 2014 )

• Firstly, if a woman is giving such a statement, it shall, as far as practicable, be

recorded by a woman Magistrate and in her absence by a male Magistrate in the
presence of a woman:
• Secondly, in cases relating to the offences punishable with imprisonment for ten years
or more or with imprisonment for life or with death,
• The Magistrate shall record the statement of the witness brought before him by the
police officer
MEDICAL
EXAMINATION
OF A RAPE
VICTIM
• Medical examination of a victim of rape under new section 184(6)
corresponding to the old section 164A(6) has been time bound by
substituting the words ‘within seven days’ instead of ‘without delay’.

• Section 184(6), which prescribes the timeline reads as:

• “(6) The registered medical practitioner shall, within a period of seven
days forward the report to the investigating officer who shall forward it
to the Magistrate referred to in section 193 as part of the documents
referred to in clause (a) of sub-section (6) of that section.”
VICTIM CENTRIC
STEPS
 CrPC BNSS

209 232 of BNSS : During the committal proceedings an application filed by the victim shall
also be forwarded to the Sessions Court
207 Copies of documents such as police report supposed to be supplied under Section 230 of
BNSS shall also be supplied to the victim or their advocates
249 272 of BNSS : Earlier in complaint cases the accused would be discharged when a
complainant was absent. Now the revised Section 272 of BNSS corresponding to Section
249 of CrPC, gives an opportunity for complainant to be adequately represented as the
magistrate can give 30 days’ time to the complainant to be present before discharging the
accused.
321 While considering an application for withdrawal from prosecution, victim must be heard
by the court. This has been done adding a proviso to Section 360 of BNSS corresponding to
Section 321 of CrPC.
173(2) A new clause (ii) has been added to Section 193(3) of BNSS corresponding to Section
173(2) of CrPC wherein police is mandated to inform informant/victim about
investigation’s progress within 90 days which can be done electronically as well.
 CrPC BNSS
357 C • As per clause 397 of BNSS: All hospitals, public or private shall
immediately provide free of cost medical treatment to the victims of any
offense covered under clause 64 (punishment for rape), clause 66 (rape
causing death or persistent vegetative state), clause 67 (sexual intercourse
during separation), clause 68 (sexual intercourse by a person in authority),
clause 70 (gang rape and gang rape on women under the age of 18), clause
71 (repeat offenders), or clause 122 (Voluntarily causing grievous hurt by
use of acid, etc.) of the Bhartiya Nyaya Sanhita or u/s 4, 6, 8 or section 10
of the Protection of Children from Sexual Offences Act, 2012, and shall
immediately inform the police of such incident. The corresponding
section 357C of the CrPC does not include POCSO.
INQUEST
• Inquest proceedings under Section 194 of BNSS or
Section 174 of CrPC, police is required to send a report within
24 hours to the concerned District/Executive magistrate.

• 194(2) The report shall be signed by such police officer and other
persons, or by so many of them as concur therein,
• and shall be forwarded to the District Magistrate or the Sub-divisional
Magistrate within twenty-four hours.
Summoning Witnesses for Inquest
• A humane change has also been brought by adding a proviso to
Section 195(1) of BNSS corresponding to Section 175(1) of
CrPC regarding power of police to summon people.

• As per this proviso, now

• people belonging to vulnerable categories will not be mandated
to “attend at any place other than the place where they reside”.
MEDICAL
EXAMINATION OF
THE ACCUSED
CrPC 53 / BNSS 51
• Medical examination: The CrPC sec 53 allows medical
examination of the accused in certain cases, including rape cases.

• Such examination is done by a registered medical practitioner on

the request of at least a sub-inspector level police officer.

• The BNSS Sec 51 provides that any police officer can request
such an examination.
SIGNATURES AND
FINGERPRINT IMPRESSION
CrPC 311/ BNSS 349
• Signatures and finger impressions: The CrPC 311 empowers a
Magistrate to order any person to provide specimen signatures
or handwriting.

• The BNSS expands this to include finger impressions and

voice samples.
• It allows these samples to be collected from a person who has
not been arrested.
BAIL
Section 2 explains the concepts of ‘Bail’, ‘Bond’ and ‘Bail Bond’

Section 2 of BNSS
(b) "bail" means release of a person accused of or suspected of 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;

(d) "bail bond" means an undertaking for release with surety;

(e) "bond" means a personal bond or an undertaking for release without surety
 Mandatory bail - 436A CrPC / 479 BNSS
• Scope of mandatory bail limited in case of multiple charges

• As per the CrPC, if an undertrial has served half the maximum imprisonment for an
offence, he must be released on a personal bond. This provision does not apply to
offences punishable by death.

• The BNSS retains this provision and adds that first-time offenders get bail after
serving one-third of the maximum sentence.

• However, it adds that this provision will not apply to: (i) offences punishable by life
imprisonment, and (ii) where an investigation, inquiry or trial in more than one offence
or in multiple cases are pending.
• Since chargesheets often list multiple offences, this may make many undertrial
prisoners ineligible for mandatory bail.
Anticipatory Bail 438 CrPC / 484 BNSS
• Proviso to Section 438(1), Sections 438(1A) and 438(1B) of CrPC have
now been removed and do not find a mention in the revised Section 484 of
BNSS.

• These provisions “the Public Prosecutor a reasonable opportunity of being

heard” while hearing the application or

• securing the physical presence of an accused seeking anticipatory bail.

PROCLAIMED
OFFENDER
 Proclaimed Offender
• Earlier as per Section 82(4) of CrPC as added to the code by 2005 Amendment,
someone can be declared as a ‘Proclaimed offender’ for only nineteen specified
offences under IPC namely, “302, 304, 364, 367, 382, 392, 393, 394, 395, 396,
397, 398, 399, 400, 402, 436, 449, 459 or 460”.
• This led to situations wherein someone repeatedly evading legal processes of
summons/warrant for any other offence under general penal code of IPC or any
other special law could not be declared as a Proclaimed offender.
• Now, Under Sec 84 of BNSS this list of sections has been removed ,

• It provides that anyone accused of an offence with more than 10 years of

imprisonment or other special offences could be declared a proclaimed offender.
Sec 84(4)
Inquiry And Trial Without
The Presence Of Accused
• A new section 356 has been added to the BNSS which provides a detailed procedure for conducting
a trial/inquiry in the absence of a person declared as ‘Proclaimed offender’.
• In trying a proclaimed offender who has absconded to evade trial and where there is no immediate
prospect of arresting him,
• it shall be deemed to operate as waiver of the right of such person to be present and tried in person,
• and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial
in the like manner and with like effect as if he was present, under this Act and pronounce the
judgment.
• Further, the proclaimed offender shall not prefer an appeal unless he presents himself before the Court
of Appeal.
• Further, no appeal against conviction shall lie after the expiry of three years from the date of
judgment.
FSL
• Earlier only the central government could notify
scientific experts for the purposes of Section 293(4)(g)
of CrPC,

• but now state governments may also do the same as

per the revised Section 329(4)(g) of BNSS.
CHARGESHEET
The sequence of custody in case of
electronic device
• The contents of the chargesheet, as provided in s.173 CrPC, include details on identity of
the accused and their custody.
• A change to the corresponding clause in the BNSS now also requires that information
relating to ‘the sequence of custody in case of electronic device’ Section 193 must also
be produced.
• Electronic evidence, as with traditional evidence, must be sealed after seizure bythe
police and, thereafter, submitted in the malkhana of the police station until it is required
to be examined in a forensic laboratory or the court.
CHAIN OF
CUSTODY
FURTHER
INVESTIGATION
Police investigation during trials under section 173(8) of CrPC or Section
193(9) may be conducted with the permission of the Court trying the case and
the same shall be completed within a period of ninety days which may be
extended with the permission of the Court.

(9)Provided that further investigation during the trial may be conducted with the
permission of the Court trying the case and the same shall be completed within a
period of ninety days which may be extended with the permission of the Court.
PREVENTIVE
ACTION
• In Section 149(1) of BNSS corresponding to Section 130(1) of
CrPC, the level of executive satisfaction to ‘use armed forces to
disperse assembly’ has been lowered.

• Earlier, “Executive Magistrate of the highest rank who is

present” could only request the deployment of armed forces.

• Now, “District Magistrate or any other Executive Magistrate

authorised by him, who is present” can also do the same.
 172 BNSS
• A new section is added in Chapter XII of BNSS corresponding to Chapter XI of
CrPC relating to ‘Preventive Action of Police’.
• As per this new Section 172, police have been granted wide powers to enforce
their will.

• Anyone deemed to be “resisting, refusing, ignoring or disregarding to conform to

any direction” can be detained or removed by the police.
• Such a detained person may be taken before a judicial magistrate.
■ From taking cognizance to
commencement of trial

■ Reforms in Trial Procedure

■ Disposal of Property
COGNIZANCE OF
SPECIAL LAW
• Section 210(1) now

• permits a magistrate to take cognizance of any offence

• also in relation to a complaint filed by a person authorized

under any special law which constitutes an offence.
COMPLAINTS TO
MAGISTRATES
 223 BNSS / 200 CrPC

■ 223 BNSS –

■ Provided that no cognizance of an offence shall be taken by the Magistrate

without giving the accused an opportunity of being heard:
 223 BNSS / 200 CrPC

■ 223 BNSS –
■ (2) A Magistrate shall not take cognizance on a complaint against
a public servant for any offence alleged to have been committed
in course of the discharge of his official functions or duties unless
—
■ (a) such public servant is given an opportunity to make assertions
as to the situation that led to the incident so alleged; and
■ (b) a report containing facts and circumstances of the incident
from the officer superior to such public servant is received.
DISPOSAL OF
PROPERTY
BNSS 497 and CrPC 451
■ When any property is produced before any Criminal Court or the Magistrate during any
investigation, inquiry or trial -

■ 497 (2) The Court or the Magistrate shall, within a period of fourteen
days from the production of the property referred to in sub-section (1)
before it, prepare a statement of such property containing its description
in such form and manner as the State Government may, by rules, provide.

■ (3) The Court or the Magistrate shall cause to be taken the photograph
and if necessary, videography on mobile phone or any electronic media,
of the property referred to in sub-section (1)
BNSS 497 and CrPC 451

■ (4) The statement prepared under sub-section (2) and the photograph or
the videography taken under sub-section (3) shall be used as evidence in
any inquiry, trial or other proceeding under the Sanhita

■ (5) The Court or the Magistrate shall, within a period of thirty days after
the statement has been prepared under sub-section (2) and the photograph
or the videography has been taken under sub-section (3), order the
disposal, destruction, confiscation or delivery of the property in the
manner specified hereinafter.
Disposal of Property 497 BNSS

Court Court Court

prepare a State
Within 14
statement of Government
days of
such to provide
production
property for rules
Disposal of Property 497 BNSS

Court Court Court

Shall Cause it Shall Cause it This record to
to be to be be used as
Photographed Video graphed evidence
Disposal of Property 497 BNSS

Court Court Court

Cause it to be
ordered for
After the disposal, Within 30 days of
preparation of destruction, preparation of
statement confiscation or statement
delivery of the
property
COMMUNITY
SERVICE
SUMMONS
 Another provision has been
amended whereby under
Now as per Sections 66 of
Section 64 of CrPC, summons
BNSS the word ‘male’ has
could only be served to an
been rightfully dropped.
adult ‘male’ member of the
family.
SECURE
ATTENDANCE OF
THE SUCCESSOR
336. Where any document or report prepared by a public servant, scientific expert or medical
officer is purported to be used as evidence in any inquiry, trial or other proceeding under this
Sanhita, and—
(i) such public servant, expert or officer is either transferred, retired, or died; or (ii) such public
servant, expert or officer cannot be found or is incapable of giving deposition; or
(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding
the inquiry, trial or other proceeding
the Court shall secure presence of successor officer of such public servant, expert, or officer who
is holding that post at the time of such deposition to give deposition on such document or report:
Provided that no public servant, scientific expert or medical officer shall be called to appear before
the Court unless the report of such public servant, scientific expert or medical officer is disputed
by any of the parties of the trial or other proceedings
Provided further that the deposition of such successor public servant, expert or officer may be
allowed through audio-video electronic means.
ONLINE MODE OF
HEARING
530. All trials, inquires and proceedings under this Sanhita,
■ including— (i) issuance, service and execution of summons
and warrant;
■ (ii) examination of complainant and witnesses;
■ (iii) recording of evidence in inquiries and trials; and
■ (iv) all appellate proceedings or any other proceeding,

■ May be held in electronic mode, by use of electronic

communication or use of audio-video electronic means.
TIMELINES
 Committal

CrPC BNSS
232 - to be completed within 90
209 - no timeline for
days - after taking cognisance -
committal
extendable to 180 days
 Framing of charges

CrPC BNSS

228 - no 251 - to be completed within 60 days -

timeline after first hearing of charge
 Delivery of judgement

CrPC BNSS
235 - no 258 - within 30 days after
timeline completion of hearing
 Prosecution of Judges and Public Servant

CrPC BNSS

197 218 - to be given in 120 days - or -

CrPCno deemed accorded by default
 Plea Bargaining

CrPC BNSS
265(B) - 290 - accused to apply within 30 days
na after framing of charges
 Summary Trial

CrPC BNSS
S 283(2)-less than 3 years -
260- less than 2
possibility of summary trials
years
 Mercy Petition

CrPC BNSS

472 - within thirty days to president - after

Na
SP Jail informs convict of dismissal by SC
 Detention of Undertrial

CrPC BNSS

If half or one third punishment completed then

436A
SP Jail applies for default bail - 479(3)
 No Frequent Adjournment

CrPC BNSS

309(2) 346 - only 2 times allowed

Offences of
same kind CrPC BNSS
clubbed 219 - 3 242 - 5
together
LEGAL AID
• The new law also seeks to increase the ambit for provision of
legal aid. Section 304(1) of CrPC earlier provided for legal aid
“in a trial before the Court of Session”.

• However, the revised section 341(1) of BNSS has replaced this

with “in a trial or appeal before a Court” which significantly
increases the ambit of the same.
PLEA BARGAINING
 Plea Bargaining
Sl no CrPC BNSS
1. 265A : Applicability Within 30 days
2. 265B: Process of application ( Same Similar offence
offence)
3. 265C:Mutual satisfactory disposition Within 60 days
4. 265E: Disposal of case First time offenders
DELETIONS
• Category of ‘Assistant Sessions Judges’ has been removed
• all references to the word ‘pleader’ have been rightly substituted for the word ‘advocate’.
• thug’ and references to crimes by ‘thugs’ have been removed such as Section 201 of
BNSS which directly corresponds to Section 181 of CrPC.
• All references to Metropolitan Area/magistrates as per Section 8 of CrPC have been
removed.
TRIAL
 Trial Process
S. Nos CrPC BNSS
1. 190(1)(b) : Magistrate takes cognisance 210: Complaint against public servant
2. 204 : Warrants/Summons issued to accused 227: Summon delivery by electronic means
3. 207 : Copy of documents to accused 230: Supply of documents within 14 days
4. 209: Magistrate commits case to session court 232: Committal time period of 90 to 180 days from date of
cognisance

5. 226: Prosecution case opening 249:Prosecution case opening

6. 227: Discharge denied 250: Discharge petition within 60 days from committal.

7. 228: Framing of charges 251: Charges should be framed within 60 days of hearing.

8. 230 to 235: Arguments and Judgement 253- 258: Final judgement in 30 to 60 days of completion of
arguments.

*In private complaints, cognizance cannot be taken without hearing the accused.
* Witness deposition through audio-visual means (Sec-254)
COMMUTATION OF
SENTENCES
 CrPC 433/ BNSS 474
■ The government has power to commute or reduce the severity of the punishment imposed by the
judiciary.

■ Provisions guiding the exercise of this power (which punishment may be commuted to what) exist
under extant law.
■ Slight modification has been introduced in 474 BNSS II to allow punishment of up to seven years of
imprisonment to be commuted to fines.
■ Under s.433 CrPC, any sentence of simple imprisonment (without restriction on number of years)
may be commuted to fine;
DIGITAL AIDS IN
INVESTIGATION AND
TRIAL
 Investigation
CrPC BNSS

154 173(1), 173(1)(ii): FIR can be given through electronic means; to be taken on record in 3 days

161 180: 161 statements may be recorded through audio-video electronic means

173(7), 207 193(8),230: supply of police report and documents by electronic communication

62 64(2): 70(3),71(2): summons bearing the image of Court's seal may also be served by electronic
communication in such form and in such manner, as the State Government may, by rules,
provide
All summons served through electronic communication under sections 64 to 71 shall be considered
as duly served and a copy of such electronic summons shall be attested and kept as a proof of service
of summons.

100 105 Recording of search and seizure through audio-video electronic means. the police officer shall
without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or
Judicial Magistrate of the first class
 Investigation
CrPC BNSS
165 185: search conducted under this section shall be recorded through audio-video electronic means
preferably by mobile phone.

54A 54: , if the person identifying the person arrested is mentally or physically disabled, the identification
process shall be recorded by any audio-video electronic means

91 94(1): notice in electronic form can be issued

167 187(4): judicial custody- accused can be produced through electronic video linkage but not police
custody
173 193(3): victim/informant shall be communicated about the progress of the investigation within 90 days by
electronic communication

157 Statements by police during investigation under Section 157 of CrPC, may be recorded electronically by
phone as well. This has been done adding a proviso to the same effect to the corresponding Section
176(1) of BNSS.
Trial
CrPC BNSS
NIL 530: All trails, inquiries and proceedings may be held in e-mode by use of e-ic communication or use
of AV e-ic means

204 227: Issue of summons/warrants under Issue of process through e-ic means

231,242 254,265: Prosecution evidence can be digital means and police/public servants can give evidence
through digital means

207 193(8)/ 230 : Accused copy given digitally

228 251: Framing of charges read over digital means

281 316: where the accused is in custody and is examined through electronic communication, his signature
shall be taken within seventy-two hours of such examination

353 392(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in
person or through audio-video electronic means.
THANK YOU