Introduction
If you are preparing for judiciary exams, law school competitions, or simply want to understand India’s criminal justice system, there is one topic you absolutely cannot ignore in 2026 — the shift from CrPC to BNSS.
On July 1, 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) — completely. This was not a mere amendment. Every section number changed. Several landmark provisions were modified. And entirely new mechanisms were introduced for the first time in India’s criminal procedure law.
In this article, we break down the most important procedural changes in simple language so that every law student and aspirant can understand and apply them confidently.
Why Was CrPC Replaced?
The CrPC had governed India’s criminal procedure since 1973 — and in many ways, it was still rooted in British colonial thinking. Over decades, courts had flagged issues such as massive case backlogs, no fixed timelines for investigation or trial, limited use of technology, and a system that was often more state-centric than victim-centric.
The BNSS was introduced as part of three landmark criminal law reforms alongside the Bharatiya Nyaya Sanhita, 2023 (BNS, replacing IPC) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA, replacing the Indian Evidence Act). Together, they represent the most significant overhaul of India’s criminal justice system since independence.
The BNSS has 531 sections compared to the CrPC’s 484, and its stated objectives are to ensure speedy justice, bring transparency and accountability in investigation, and make the criminal justice system more victim-centric.
1. Strict Timelines for Speedy Justice
One of the biggest complaints about the CrPC was that there were no fixed deadlines for investigation or trial — cases dragged on for years, sometimes decades. The BNSS changes this fundamentally.
Under BNSS (Section 193): Investigation must be completed within 90 days, extendable to 180 days for serious offences.
Charges must be framed within 60 days of the first hearing.
Judgment must be delivered within 45 days after the conclusion of trial (Sessions Court: 30 days, extendable to 45 days with recorded reasons).
Bail applications must be decided within 7 days of filing.
These timelines were absent in the CrPC, which is why India had millions of pending cases. This change alone has the potential to transform the way justice is delivered in India.
2. Zero FIR — Now a Statutory Right (Section 173 BNSS)
Under the CrPC, an FIR had to be registered at the police station within whose jurisdiction the offence occurred. This often left victims stranded — especially in cases of rape, trafficking, or crimes that occurred far from home.
The Supreme Court in Lalita Kumari v. Government of U.P. (2014) had directed mandatory FIR registration for cognizable offences, but Zero FIR remained a police practice, not a legal right.
Under BNSS Section 173, Zero FIR is now a statutory right. Any police station in India must register an FIR regardless of jurisdiction and transfer it to the appropriate station within 15 days. This is a massive step forward for victim access to justice.
3. Mandatory Forensic Investigation (Section 176 BNSS)
This is one of the most significant and forward-looking changes in the BNSS. For all offences punishable with seven years of imprisonment or more, forensic investigation is now mandatory.
Forensic experts must visit the crime scene, collect evidence, and record the entire process on a mobile phone or electronic device. If a state does not have a forensics facility, it must use another state’s facility. This provision directly addresses the long-standing problem of poor evidence collection that led to acquittals in serious criminal cases.
The CrPC had no such mandatory forensic requirement. This is a landmark shift toward evidence-based prosecution.
4. Police Custody — Staggered System (Sections 35–60 BNSS)
Under CrPC, an accused could be held in police custody for a maximum of 15 days at the start of the investigation. The BNSS introduces a staggered police custody system.
Under BNSS, police custody of up to 15 days may be authorised, but it need not be taken all at once. It can be split and used at different stages of the first 40 days (for serious offences) or 60 days (for others). This allows investigators more flexibility in custodial interrogation while also being subject to judicial oversight.
Additionally, Section 35 BNSS adds a new safeguard: for offences punishable with less than three years, no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police. This change protects citizens from arbitrary arrests.
5. Trials in Absentia (Section 356 BNSS)
One of the most discussed new provisions is trials in absentia. Under the CrPC, if an accused absconded, the trial could not proceed. Cases were stalled indefinitely while accused persons evaded the law.
Under BNSS Section 356, if an accused person evades trial, the court can now conduct the trial in their absence (ex parte) and even pronounce judgment against them. This is a major tool against repeat offenders and fugitives.
6. Restrictions on Bail — Section 479 BNSS vs Section 436A CrPC
Under CrPC Section 436A, if an undertrial prisoner had served half of the maximum period of their sentence in detention, they were entitled to be released on a personal bond. This was seen as a protection against prolonged pre-trial detention.
Under BNSS Section 479, this provision continues — but with additional restrictions. It will not apply to persons charged with offences punishable with life imprisonment, or persons against whom proceedings are pending in more than one offence. This is a significant curtailment of bail rights for repeat offenders.
7. Videography of Search and Seizure — Section 105 BNSS
Under the CrPC, search and seizure operations were not required to be video-recorded. This often led to allegations of planted evidence and procedural violations.
Section 105 of the BNSS now makes audio-video recording of search and seizure operations mandatory. The recording must be signed by the witness. This change brings greater transparency and accountability to police investigations and reduces the possibility of evidence tampering.
Key Landmark Judgments on BNSS
1. Om Prakash Ambadkar v. State of Maharashtra (2025) — Supreme Court: The Supreme Court clarified how Section 175(3) BNSS (replacing Section 156(3) CrPC) must be applied. Under BNSS, before a complainant approaches a Magistrate to direct police investigation, they must first exhaust the remedy before the Superintendent of Police. This added procedural safeguard prevents abuse of the magistrate’s power to order FIR registration.
2. Lalita Kumari v. Government of U.P. (2014) — Supreme Court: Though decided under CrPC, this landmark judgment mandated the compulsory registration of FIRs for cognizable offences. The BNSS now codifies this principle through Section 173, making Zero FIR a statutory right.
3. Abhishek Jain v. State of U.T. Chandigarh (2024) — Punjab & Haryana High Court: The Court held that appeals and petitions filed on or after July 1, 2024 must be governed by BNSS procedure, not CrPC, regardless of when the original offence occurred. This judgment resolved significant confusion about the transitional applicability of BNSS.
4. Anil Kumar Yadav v. Directorate of Enforcement — J&K High Court (2024): The Court clarified that applicability of BNSS or CrPC depends on the stage of proceedings as of July 1, 2024. Fresh proceedings after this date must follow BNSS, ensuring procedural consistency.
Quick Reference: Key Section Mapping
CrPC Section 154 → BNSS Section 173 (FIR and Zero FIR)
CrPC Section 156(3) → BNSS Section 175(3) (Magistrate’s power to order investigation)
CrPC Section 41 → BNSS Section 35 (Arrest without warrant — new DSP permission safeguard)
CrPC Section 436A → BNSS Section 479 (Bail for undertrials — new restrictions added)
CrPC Section 438 → BNSS Section 482 (Anticipatory bail — same substantive grounds)
CrPC Sections 260-265 → BNSS Sections 283-288 (Summary trials — threshold raised from ₹200 to ₹20,000)
Conclusion
The transition from CrPC to BNSS is not just a change of section numbers. It represents a fundamental shift in how India’s criminal justice system thinks about investigation, evidence, and the rights of both victims and accused persons.
For law aspirants, understanding BNSS is no longer optional — it is essential. Every judiciary exam, moot court competition, and legal research assignment from 2024 onwards will be measured against the BNSS framework. The provisions on Zero FIR, mandatory forensic investigation, strict timelines, and trials in absentia are not just exam topics — they are transforming real courtrooms across India right now.
Stay updated. Know your sections. And remember — procedure is the handmaid of justice.
References
1. Bharatiya Nagarik Suraksha Sanhita, 2023 — Ministry of Law and Justice, Government of India
2. Code of Criminal Procedure, 1973
3. PRS India — BNSS Bill Summary: prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023
4. LiveLaw — BNSS and CrPC Digest 2024: livelaw.in
5. BPRD Handbook on BNSS: bprd.nic.in/uploads/pdf/BNSS_Handbook_English.pdf
6. SCC Online Blog — Understanding BNSS 2024: scconline.com
7. Lalita Kumari v. Government of U.P., (2014) 2 SCC 1
8. Om Prakash Ambadkar v. State of Maharashtra & Ors. (2025), Supreme Court of India
9. Abhishek Jain v. State of U.T. Chandigarh, CRM-M-31808-2024, Punjab & Haryana High Court