Bharatiya Nagarik Suraksha Sanhita, 2023

(Act No. 46 of 2023)

Remarkable Changes under BNSS (Chapter wise)

Rationale of Criminal Justice System

1. Background of criminal law

2. Chronology of criminal justice system

3. Drawbacks of criminal justice system

4. Composition of BNSS

5. Time line for BNSS

6. Statement of Objects and Reasons of BNSS

7. Overview of BNSS vis-à-vis Code 1973

8. Object of Criminal Trial

9. Stakeholders and Functionaries in the Criminal Justice Administration

10. Concept of Fair and Speedy Trial

11. Effect of Delay in Criminal Trial

12. Justice Delayed is Justice Denied

13. Concept of Adversarial System

14. Human Rights during Criminal Investigations

Chapter I

Preliminary

1. Short title, extent and commencement

2. Definitions

(1)(a) "audio-video electronic means"

(1)(b) "bail"

(1)(d) "bail bond"

(1)(e) "bond"

(1)(c) "bailable offence"

(1)(f) "charge"

(1)(g) "cognizable offence"

(1)(o) "non-cognizable offence"

(1)(h) "complaint"

(1)(j) "High Court"

(1)(k) "inquiry"

(1)(l) "investigation"

(1)(m) "judicial proceeding"

(1)(n) "local jurisdiction"

(1)(p) "notification"

(1)(q) "offence"

(1)(r) "officer in charge of a police station"

(1)(s) "place"

(1)(t) "police report"

(1)(u) "police station"

(1)(v) "Public Prosecutor"

(1)(w) "sub-division"

(1)(x) "summons-case"

(1)(z) "warrant-case"

(1)(y) "victim"

3. Construction of references

4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws

5. Saving

Chapter II

Constitution of Criminal Courts and Offices

6. Classes of Criminal Courts

7. Territorial divisions

8. Court of Session

9. Courts of Judicial Magistrates

10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

11. Special Judicial Magistrates

12. Local Jurisdiction of Judicial Magistrates

13. Subordination of Judicial Magistrates

14. Executive Magistrates

15. Special Executive Magistrates

16. Local Jurisdiction of Executive Magistrates

17. Subordination of Executive Magistrates

18. Public Prosecutors

19. Assistant Public Prosecutors

20. Directorate of Prosecution

Chapter III

Power of Courts

21. Courts by Which offences are triable

22. Sentences which High Courts and Sessions Judges may pass

23. Sentences which Magistrates may pass

24. Sentence of Imprisonment in default of fine

25. Sentence in cases of conviction of several offences at one trial

26. Mode of conferring powers

27. Powers of officers appointed

28. Withdrawal of powers

29. Powers of Judges and Magistrates exercisable by their successors-in office

Chapter IV

Powers of Superior Officers of Police and Aid to
the Magistrates and the Police

30. Powers of superior officers of police

31. Public when to assist Magistrates and police

32. Aid to person, other than police officer, executing warrant

33. Public to give information of certain offences

34. Duty of officers employed in connection with affairs of a village to make certain report

Chapter V

Arrest of Persons

35. When police may arrest without warrant

36. Procedure of arrest and duties of officer making arrest

37. Designated Police Officer

38. Right of arrested person to meet an advocate of his choice during interrogation

39. Arrest on refusal to give name and residence

40. Arrest by private person and procedure on such arrest

41. Arrest by Magistrate

42. Protection of members of Armed Forces from arrest

43. Arrest how made

44. Search of place entered by person sought to be arrested

45. Pursuit of offenders into other jurisdictions

46. No unnecessary restraint

47. Person arrested to be informed of grounds of arrest and of right to bail

48. Obligation of person making arrest to inform about arrest, etc., to relative or friend

49. Search of arrested person

50. Power to seize offensive weapons

51. Examination of accused by medical practitioner at request of police officer

52. Examination of person accused of rape by medical practitioner

53. Examination of arrested person by medical officer

54. Identification of person arrested

55. Procedure when police officer deputes subordinate to arrest without warrant

56. Health and safety of arrested person

57. Person arrested to be taken before Magistrate or officer in charge of police station

58. Person arrested not to be detained more than twenty-four hours

59. Police to report apprehensions

60. Discharge of person apprehended

61. Power, on escape, to pursue and retake

62. Arrest to be made strictly according to Sanhita

Chapter VI

Processes to Compel Appearance

A.—Summons

63. Form of summons

64. Summons how served

65. Service of summons on corporate bodies, firms, and societies

66. Service when persons summoned cannot be found

67. Procedure when service cannot be effected as before provided