Bharatiya Nagarik Suraksha Sanhita (BNSS) is India's new criminal procedure code that replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024. Enacted as Act No. 46 of 2023, the BNSS contains 531 sections and introduces mandatory forensic investigation, statutory recognition of Zero FIR, electronic trials, and strict timelines for investigation and trial proceedings.
Legal definition
The Bharatiya Nagarik Suraksha Sanhita, 2023 was passed by Parliament on 21 December 2023 and received Presidential assent on 25 December 2023. It governs the procedural framework for investigation, inquiry, and trial of criminal offences in India.
The long title reads: "An Act to consolidate and amend the law relating to the procedure for criminal proceedings and for matters connected therewith or incidental thereto."
The BNSS restructures the CrPC's 484 sections into 531 sections, adding 177 new provisions and modifying 160 existing ones. The increased section count reflects the codification of procedural reforms that were previously governed by judicial directions, executive orders, or practice conventions.
Key procedural innovations include:
- Zero FIR (Section 173(1)): Statutory mandate that any police station must register an FIR for a cognizable offence regardless of territorial jurisdiction, with transfer to the jurisdictional station within 15 days
- Mandatory forensic investigation (Section 176(3)): For offences punishable with seven years' imprisonment or more, a forensic expert must visit the crime scene and collect evidence; states without forensic facilities must use another state's facilities
- Electronic and video proceedings (Section 530): All trials, inquiries, and proceedings may be conducted in electronic mode, including video-conferencing for production of accused, examination of witnesses, and recording of evidence
- Investigation timelines (Section 193): Police must complete investigation within 60 days for offences punishable with up to 3 years, and 90 days for offences with higher penalties; extendable by court order with reasons
- Maximum undertrial detention (Section 479): First-time offenders who have served one-third of the maximum sentence as undertrial must be released on personal bond — a new statutory right with no CrPC equivalent
How courts have interpreted this term
Transitional application (Multiple High Courts, 2024-2025)
High Courts across India have consistently held that the BNSS applies to all procedural steps taken on or after 1 July 2024, even in cases where the offence was committed under the IPC. This is because procedural law applies prospectively — the procedure in force at the time of the procedural step governs, not the procedure in force when the offence was committed. Thus, an FIR for an IPC offence may be registered under BNSS procedural requirements if the registration occurs after 1 July 2024.
Satender Kumar Antil v. CBI [(2022) 10 SCC 51]
While decided under the CrPC, this judgment's directions regarding bail, undertrial detention limits, and police accountability have been substantially codified in the BNSS. The Court's mandate for bail at first production for offences up to 7 years is reflected in the BNSS framework, validating the legislative intent behind the new code.
Arnesh Kumar v. State of Bihar [(2014) 8 SCC 273]
The Supreme Court's guidelines restricting unnecessary arrests for offences punishable with up to 7 years have been incorporated into Section 35 BNSS, which mandates that the police officer must record reasons for arrest and inform the arrested person of the grounds. The BNSS effectively codifies this landmark judgment.
Why this matters
The BNSS fundamentally changes how criminal cases are investigated, tried, and adjudicated in India. For police officers, the mandatory forensic visit requirement under Section 176(3) means that failure to call a forensic expert to the crime scene in serious cases can be grounds for challenging the investigation's integrity. Every police station must now have the capability to electronically register FIRs and must accept complaints regardless of jurisdiction.
For legal practitioners, the strict investigation timelines and the statutory right to release after one-third undertrial detention (Section 479) create new grounds for bail applications that did not exist under the CrPC. The electronic trial provisions also mean that lawyers must be equipped for video-conferencing hearings, and courts must maintain the technological infrastructure for digital proceedings.
For citizens, the BNSS provides several protective measures: the right to receive information about the progress of investigation within 90 days (Section 193), the right to free legal aid information at the time of arrest, and the right to receive copies of FIR, chargesheet, and other documents in electronic form.
Related terms
Companion legislation:
Key procedures under BNSS:
Related concepts:
Frequently asked questions
When did the BNSS replace the CrPC?
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into effect on 1 July 2024, replacing the Code of Criminal Procedure, 1973. All procedural steps taken on or after this date — including FIR registration, arrest, bail hearings, and trial proceedings — are governed by the BNSS, regardless of when the offence was committed.
What is the Zero FIR provision under BNSS?
Section 173(1) BNSS mandates that any police station must register an FIR for a cognizable offence, even if the offence did not occur within its territorial jurisdiction. The FIR must then be transferred to the police station having jurisdiction within 15 days. This ensures victims are not turned away on jurisdictional grounds.
Is forensic investigation mandatory under the BNSS?
Yes. Section 176(3) BNSS requires that for all offences punishable with imprisonment of seven years or more, a forensic expert must visit the crime scene to collect evidence. The forensic team must also videograph the process. If a state does not have its own forensic facility, it must utilise the facility of another state.
Can trials be conducted online under the BNSS?
Section 530 BNSS permits all trials, inquiries, and proceedings to be held in electronic mode, including via video-conferencing. This covers examination of witnesses, arguments, and even production of the accused before the Magistrate. Courts must maintain the necessary electronic infrastructure.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.