Bharatiya Nagarik Suraksha Sanhita: The New CrPC

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Code of Criminal Procedure (CrPC), 1973, as the procedural backbone of India’s criminal justice system. Effective from July 1, 2024, the BNSS introduces significant procedural reforms aimed at modernizing criminal proceedings, reducing delays, and leveraging technology for improved access to justice.

Major Procedural Changes

The BNSS mandates the use of electronic communication and digital technology across multiple stages of criminal proceedings. FIRs can now be filed electronically, and summons and warrants can be served through electronic means including email, SMS, and other digital platforms. This is a significant departure from the physical service requirements of the CrPC.

Forensic investigation has been made mandatory for offences punishable with seven years or more of imprisonment. This requirement aims to improve the quality of investigation and evidence collection, reducing reliance on confessions and witness testimony.

The concept of Zero FIR has been formalized, allowing a person to file an FIR at any police station regardless of jurisdiction. The police station receiving the Zero FIR must transfer it to the concerned jurisdiction within 15 days.

Impact on Commercial Litigation

For businesses and commercial disputes, the BNSS introduces several important changes. Time limits for investigations and trials have been specified, aiming to reduce the notorious delays that plague Indian courts. The provisions for anticipatory bail, regular bail, and compounding of offences have been restructured. Section 138 NI Act proceedings, while governed substantively by the NI Act, follow BNSS procedures for filing, trial, and appeals.

Digital Evidence and Proceedings

The BNSS, read with the Bharatiya Sakshya Adhiniyam (BSA), provides a comprehensive framework for the admissibility and authentication of digital evidence. For businesses that increasingly transact and communicate electronically, understanding these provisions is essential for preserving and presenting evidence in criminal proceedings.

Legal practitioners and businesses must adapt to these procedural changes to ensure compliance and effective legal strategy under the new framework.