COMPARITIVE CHANGES IN Cr.P.C. AND BNSS

1. INTRODUCTION

1.1 What is Code of Criminal Procedure (Cr.P.C.)

The Code of Criminal Procedure came into force on April 1, 1974 is an  procedural law in India. Governing criminal procedure meaning, it is a framework on which the criminal justice to be delivered. This works by detection of the crime, detention of the criminal proper investigation of the crime and trial on the criminal, production of the necessary evidence then determination of the act of the accused whether he is guilty or not then delivering suitable punishment to the criminal if proved on basis of the crime he has committed.

The aim is to the assurance of fair delivery of trial along with compliance to principles of natural justice, it is not a One Man show but together a team effort of laborious machinery of statutory officials and body including investigating officers namely the Police, the Prosecutors and the Courts whose regulation and working is also controlled by the Code of Criminal Procedure.

1.2 What is Bharatiya Nagarik Suraksha Sanhita (BNSS)-

The Bharatiya Nagarik Suraksha Sanhita is a bill was introduced by Home Minister Shri Amit Shah Ji which was passed on 20 December 2023 in Lok Sabha and on 21 December 2023 in Rajya Sabha and on 25 December 2023 the Bharatiya Nagarik Suraksha Sanhita BNSS Bill received the assent of President of India and was enacted. It will come into force in India from 1 July 2024. BNSS will replace the existing Cr.P.C., it holds back the provisions of existing Cr.P.C. but with a simplification approach for our criminal procedure.

1.3 Limitations of Code of Criminal Procedure CrP.C. 1973

1.3.1 Complications in Pre- Trial stage [ Section 154]

The chances of losing fairness in the pre trail stage is quite high as due to lack of knowledge from side of accused which makes him deficit in understanding the charges being framed on him which could be wrong as it would hinder in the process ahead resulting in injustice for him. Accused may likely suffer violence or abuse, the root cause of risk could be anything like illegal force or torture or unethical means for obtaining statement or confession from the accused etc. In case of State Ramesh Kumar vs State of NCT Delhi – The Supreme Court held that provision of Section 154 of Cr.P.C. is mandatory and the concerned officer of Police Station is duly bound to register the case on the basis of an information disclosing a commission of act of cognizable offence.

1.3.2. Breach of Open Trial [ section 327]

In cases where it is mandatory to not to conduct open trials with presence of public and media like in an offence of rape in order to safeguard the identity of the victim or witnesses rather conducting them behind the closed doors. Limiting the right to an open trail raises question in eyes of public about the openness and justice of the legal system, Code of Criminal Procedure states that right to fair trial is a right to public trail.  Case Example- In case of Chhattisgarh Mukti Morcha vs State of Madhya Pradesh And Ors. On 17 February, 1995- The Supreme Court accepted the petition and directed the Trail Court to proceed the trial in open court in accordance with law against the 9 accused who committed the murder of Shankar Guha Neogi a Trade Union Leader.

1.3.3 Non-Compliance of Section 41 A

In pith and core the Police officer must ask himself Why arrest and comply with provisions of section 41 A, but unfortunately noncompliance of section 41 A arises and violation of human rights of the accused occurs and also false cases are framed against the accused. Case Example- In case of Dr. Rini Johar And Another vs The State of M.P. (2016), the supreme court observed that according to section 41 A of Cr.P.C. the police officer must issue a notice to the accused in order to appear before him at a specific location and interval where the arrest of the accused was not necessary by section 41 1 Cr.P.C.

1.3.4 Non – Providence of Legal Aid Section (304)- Failing to provide legal aid results in impair administration of justice for accused where he cannot access the legal counsel which is not attainable due to financial disabilities or in some location access to legal representation is not possible then court must give accused legal representation and also to people who cannot afford legal counsel. In case of Sukh Das vs State of Arunachal Pradesh, the Supreme Court held that conviction of accused in a trail in which he was not provided legal aid would be set aside as it is violation of Article 21 of the Indian Constitution.

1.3.5   Delay in Investigation Section (154)

The delay and negligence in investigation process creates difficulty in the trial stage the officer in charge must not deny to investigate any cognizable offence and misuse his power to inquire in the area in which he has jurisdiction. There shall not be any biasness towards the accused, Investigation which take longer duration than expected result in loss of important witnesses or evidence lastly endangering the fair trial to be carried out in the court room. In case of CBI vs Rajesh Gandhi, the supreme court held that decision to investigate a matter by the agency shall be completely decided by the investigating agency who will investigate an in that no principle of natural justice will be applied, the accused cannot choose the person for investigation out of his own will for the offence he has committed.

1.3.6 Abuse and misuse of section 144

Section 144 of Cr.P.C. is a useful tool to help and in dealing of emergencies but absence of judicial oversight rather more weightage towards executive approach makes it vulnerable for its misuse and abuse. In case of Madhu Limaye vs Sub-Divisional Magistrate ,1970 A 7 judge bench headed by then Chief Justice of India M Hidayatullah said that the power of a Magistrate under section 144 is not an ordinary power flowing from administration but a power used in a judicial manner which can stand further judicial scrutiny.

Thus, these were some of the loop holes of faulty investigation lengthy trials process lack of coordination between the authorities, money power and influence dominance, ignorant behavior towards victim deep rooted corruption led birth of better version of Criminal Procedure Code as Bharatiya Nagarik Suraksha Sanhita (BNSS).

1.4 Some of the Salient features of Bharatiya Nagarik Suraksha Sanhita-

1. Provision for mercy petition in cases of death sentence to be filed within 30 days to the Honorable Governor and within 60 days to the Honorable President there shall be no provision of appeal against the President’s decision in any court.
2. Technology is a revolutionary tool and eliminates the shortcomings of previous CRPC by its use and better utilization for trials, appeals, recordings, video recording feature for sexual violence survivors has been made compulsory aiding in non-tampering of evidence and effective preservation.
3. BNSS is more transparent in a manner in which Police must inform about the status of complaint in 90 days which reduces the unfairness in pretrials
4. The range of misuse of Section 41A has been completely changed under BNSS which is now section 35 adding safeguard as no arrest can be made without prior approval from an officer of DSP rank in offences which are punishable less than 3 years and for individuals above 60 years.
5. In case of cases punishable by seven years or more in BNSS the police must consult the victim before withdrawing a case for non-comprise of justice.
6. The criminals who are absconding they will be tried as Tried in Absentia by court and will be punished accordingly being fugitive will now not them to escape justice.
7. BNSS uses the modernized approach in the procedure adapted for a reformative change in the criminal justice system.
8. COMPARITIVE CHANGES IN CRPC AND BNSS

The following changes are as follows:

2.1 The maximum period an undertrial prisoner can be detained-

Earlier in Cr.P.C. Section 436 A if the accused has spent half of the maximum period of his imprisonment in detention, he must be released by the court on bail this was not applicable in offences punishable by death In BNSS the addition is that in life imprisonment punishment as well as punishment by death the provision of this section 479 BNSS will not apply also for person who are undergoing trial for more than one offence or multiple cases are pending against him shall not be released on bail.

2.2 Medical Examination of the Accused–

Under Cr.P.C. under section 53 it was compulsory that on the request of a police officer not below rank of Sub- Inspector the registered medical practitioner shall conduct the examination of the accused who has committed an offence, now under BNSS under section 51 the same is done but now the request can be made by any police officer for such examination.

2.3 Appointment of Special Executive Magistrates-

Under Cr.P.C. section 21 the State Government may appoint for a term it may think fit Executive Magistrates to be known as Special Executive Magistrates to perform particular function for particular area and confer power on them as it may deem fit , Now in BNSS under section 15 The State Government for the term it may think fit Executive Magistrate or any police officer not below the rank of Superintendent of Police (SP)  as special Executive Magistrate for performance of particular functions for particular area and powers are conferred to them as it may deem fit.

2.4 Procedure for investigation (Forensic Investigation)-

Under Cr.P.C. section 157 there was no provision of forensic expert to visit the crime scene and collect forensic evidence for offences punishable for seven years or more under BNSS section 176 sub section (3) states that offences which are punishable for 7 years or more forensic experts will visit the crime scene collect the evidence vis videography on phone or electronic device also if forensic expert is not available in own state then State Government shall utilize the facility from another state until the same is available in own state.

2.5 Sentences which High Courts And Sessions Judges AND Magistrate may pass–

Under section 28 Cr.P.C. a High Court, a Sessions Judge or Additional Sessions Judge and an Assistant Sessions Judge may pass sentence authorised by law but under section 22 BNSS Assistant Sessions Judge is removed for passing sentence authorised by law. Under section 29 in Cr.P.C. the court of Magistrate of First Class may pass a sentence of fine not exceeding Rs 10000 and the Court of Magistrate of Second Class pass a sentence of fine not exceeding Rs 5000, now under BNSS under section 23 Magistrate of First Class may impose a fine not exceeding Rs 50000 and Magistrate of Second Class may pass a fine not exceeding Rs 10000 these 2 classes have also been empowered with imposing community service as a form of sentence. This is important step towards a reformation towards society.

2.6 Hierarchy of Courts in Metropolitan Areas-

This provision Concepts of Metropolitan Area/ Metropolitan Magistrate was under section 8 of Cr.P.C. which is omitted under BNSS.

2.7 Arrest without warrant and notice of appearance before police officer-

Under Cr.P.C. in sections 41 and 41 A lays the conditions for police when police may arrest without warrant but in case of commission of non-cognizable offence the police officer is requires to obtain an order from a Magistrate along with a warrant authorizing arrest of a person and section 41 A states that the person who receives notice under section 41 A of Cr.P.C. has to appear before the police officer at the time and place provided in the notice. These 2 sections have been combined under section 35 of BNSS with 7 sub clauses where 1 to 6 are same the new sub clause 7 states that the persons who are above 60 years above infirm cannot be arrested without prior permission from of an officer not below the rank of Deputy Superintendent of Police DSP.

2.8 Specimen signatures and Handwriting-

 Under section 311 A Cr.P.C. a Magistrate is empowered for purpose of any investigation or proceedings can direct any person including accused person to provide specimen signatures or handwriting to be produced, under BNSS under section 349 this section expands and includes finger impressions and voice samples to be collected from any person including accused person.

2.9 Forms of Summons-

Under section 61 of Cr.P.C. the summons issues by the court under this code shall be signed, in writing, in duplicate by the presiding officer or by other officer as per the direction of High Court also shall bear the seal of the court. Under BNSS under section 63 technology is introduced for issuance of summons by court through electronic form and shall be authenticated bearing the seal of the court or digital signature. Under section 62 of Cr.P.C. the summons shall be served by police officer personally to the person by delivering him one of the duplicate copies of the summons the summons so delivered to the person he should sign the copy of the receipt on back of another duplicate. Under section 64 BNSS summons which bear the court seal can also be served by electronic communication as per rules of the State Government. Under section 63 Cr.P.C. The summons is served to corporate bodies and societies where as under section 65 BNSS the summons is served to corporate bodies, firms, and societies. Under section 68 Cr.P.C. when summons is served without the serving officer in form of affidavit to the person which is made before the Magistrate should be attached to the duplicate of the summons and then returned to the court. Under section 70 BNSS when the serving officer is not present the summons is served through electronic communication to the person. Under section 69 Cr.P.C. the summons is served by post to the witness where he originally resides or carries his business. Under section 71 BNSS summons can be served via both ways by post also and by electronic communication also.

2.10 Power to prohibit carrying arms in procession or mass drill or mass training with arms-

This provision power to prohibit carrying arms in procession or mass drill or mass training with arms was under section 144 A Cr.P.C. which is omitted under BNSS.

2.11 Service When Persons Summoned Cannot be found –

Under section 64 of Cr.P.C. when the person is summoned and he is not found then the summons can be served as a duplicate copy to some adult male member of his family on his behalf who is staying with him and the person with whom the summon is left if serving officer wants can take the sign on receipt on back of other duplicate, the use of male member is very strict as summons can not be served to female members creating a gender bias which is very unfortunate but now under section  66 of BNSS if the person not found the summon can be served as a duplicate copy to some adult member of his family , the word adult male is changed rest is as it is contained under this section.

2.12 Proclamation for Person Absconding-

Under section 82 of Cr.P.C sub clause 4 where a person is accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian penal code and if the person fails to appear at the specified place and time required by the order of the court and after proper inquiry conducted by court as it thinks fit will pronounce him a proclaimed (order) offender and make a declaration to that effect. Now under BNSS under section 84 sub clause 4 when a proclamation order is published under sub section 1 in respect of a person who is accused of an offence which is now made punishable with imprisonment of 10 years or more for life or death or under any law which is in force for the time being and such person fails to appear at a given time and place the court after proper inquiry as it may think fit pronounce him a proclaimed offender and give declaration to that effect.

2.13 Procedure for Maintenance-

Section 126 of Cr.P.C. provided that proceedings for maintenance can be taken against a person on a place where he resides or where he or his wife resides or where he has last resided with his wife or with the mother of illegitimate child as nature of the case he last resided. Under BNSS section 145 provides that the proceedings for maintenance against a person can also be initiated including the provisions same as section 126 Cr.P.C. but addition of one more sub clause that is where the dependent father and mother resides.

2.14 Zero FIR

According to section 154 of Cr.P.C. every information that leads to commission of a cognizable offence if it is given orally to an officer in charge of a police station, he must write by himself or under him shall be written and then read it to the informant and who gives the information shall sign it shall be entered in a book by officer who keeps it as per directions of state government. BNSS under section 173 (1) introduces the provision of Zero FIR in which every information that leads to commission of an cognizable offence irrespective of the area meaning outside the limits of the police station given to the police in charge orally or by electronic communication he shall write the oral information or must be written under him and in case of electronic information signature of the person shall be taken within 3 days after giving the information in both cases shall be entered in the book kept by such officer as per directions of the state government.

2.15 Changes in language Used-

Under section 328 Cr.P.C. words such as lunatic is used for procedure to be adopted in case of accused is lunatic. In BNSS section 367 more sensitive and appropriate term has been used persons of Unsound Mind for procedure to be adopted in case of accused is of unsound mind. Similarly, section198 (1) (a) Cr.P.C. words such as an idiot, or lunatic is used for person but in BNSS under section 219 (1) (a) words such as unsound mind, intellectual disability is used for person showing more empathetic approach for differently abled sections of the society for prosecution offences against marriage. Under section 181 of Cr.P.C. the word thug has been used which has been removed under section 201 of BNSS.

2.16 Judgement on Acquittal-               

Under section 235 Cr.P.C. after hearing the arguments the judge shall give a judgement in the case but under section 258 BNSS after hearing arguments and valid points of law the judge shall give judgement as soon as possible within a period of 30 days from the date of competition of arguments which may be extended for a period of 45 days foe reasons which shall be recorded in writing.

2.17 Procedure when completion of investigation not possible in 24 hours-

According to section 167 (2) Cr.P.C. when an accused person is forwarded to Magistrate whether he has or not jurisdiction to try the case can authorize the detention of the accused in a custody as he may think fit for a term not exceeding 15 days and if he doesn’t have the jurisdiction, he may order the accused to be forwarded to the Magistrate having such jurisdiction. Under BNSS section 187 (2) when an accused person is forwarded to Magistrate under this section whether magistrate has jurisdiction or not to consider whether such person is not released on bail detention of such person as the Magistrate may think fit keep in custody for a term not exceeding 15 days in whole or parts at any time during the initial 40 days or 60 days or 90 days depending on nature of the offence. 

2.18 Power of Handcuffing-

Under section 46 Cr.P.C. there was no provision for it but under section 43 (3) of BNSS addition of new sub section 3 states that the Police Officer on his own views of the seriousness its nature and gravity of the offence use handcuff while arresting a person or during his production before court who is a habitual offender or repetitive offender or escaped from the custody or has committed serious heinous offence of acid attack, murder, rape, sexual offence against children, human trafficking, keeping possession of arms and ammunition illegally or any offence against state or forgery of currency notes or coins.

2.19 Changes regarding omission of sections-

Sections 2(f), section 2 (k), section 2 (q), section 8, section 10, section 144 A, section 153, section 355, section 357-B, section 404 these sections of Code of Criminal Procedure Cr.P.C. have been omitted from Bharatiya Nagarik Suraksha Sanhita BNSS.

2.20 Absence of Complainant-

Time limit was not fixed under section 249 of Cr.P.C. for discharging the accused the Magistrate at any time under his discretion discharged the accused if the proceedings were started and the complainant was not present and the nature of offence committed by accused was not a cognizable offence. Under section 272 BNSS time period of 30 days has been given to complainant if he is not able to be present on the day for hearing after the proceedings started.

2.21 Warrant Cases – Cases Instituted on Police Report and Cases Instituted not on Police Report-

Section 239 Cr.P.C. states the provision for discharging the accused as when the magistrate after hearing the accused and considering the charges against accused to be groundless , he shall discharge the accused and record his reasons for such discharge , Under section 262 BNSS the accused give an application for discharge within a period of 60 days after submission of the documents then the magistrate consider all the documents submitted then examines the accused physically or through electronic medium and giving the accused of opportunity to be heard then with all consideration magistrate says the charges against accused is groundless then discharge the accused and record his reasons for doing so. Section 240 Cr.P.C. framing of charges – if the Magistrates after proper examination and hearing concludes opinion that accused has committed an offence and he shall punish the accused and shall frame a charge in writing against him. In section 263 of BNSS the Magistrate frames the charge against accused within a period of 60 days from the first hearing on the charge. Section 242 Cr.P.C. if the accused refuses to plead or Magistrate does not convict accused under section 241 the Magistrate fix the date for examination of the accused under section 265 BNSS the Magistrate can examine the witness through audio video electronic mode at a specific place notified by state government. Under section 243 Cr.P.C. the accused for the purpose of entering into his defence for compelling the attendance of witness and cross examining him he applies to the Magistrate under section 266 BNSS the examination of the witness by the accused can also be done using audio video electronic medium at specified place notified by State Government.

2.22 Procedure where accused is not discharged-

Under BNSS under section 269 sub section 7 after giving all the opportunity to the prosecution for cross examination of his witness which could not be secured then it shall be considered that the witness is not available and Magistrate may close the prosecution evidence with reasons giving in writing and proceed ahead with the case on basis of materials on record. This subsection is not present under section 246 Cr.P.C.

2.23 Trial of summons cases by magistrates-

Under section 251 Cr.P.C. in summon cases if the accused person when brought before the Magistrate the particulars of offence is stated to him of which he is accused and he is asked whether he pleads guilty or not or has any defence for him then in that case it is not necessary to frame a charge. Under BNSS section 274 when the accused is brought and if the Magistrate thinks fit the charges are groundless then the accused released and reasons shall be mentioned in writing.

2.24 Non appearance or death of complainant-

Section 256 of Cr.P.C. provides dismissal of case in case of non-appearance of the complainant the Magistrate shall acquit the accused. Under section 279 of BNSS the Magistrate shall provide 30 days’ time limit to the complainant to be produced.

2.25 Summary Trials-

Section 260 of Cr.P.C. defines such offences which are of petty nature and the maximum punishment is up to 2 years are of summary nature. Appeal does not lie in such trial only revision can be made and shall lie to the High Court. The cases are tried on discretion of Magistrate which has to be used judicially based on the circumstances of the case. Now under BNSS under section 283 subsection 2 the Magistrate gives reasonable opportunity to the accused to be heard in cases not punishable with death or imprisonment for life or imprisonment not exceeding term of 3 years.

2.26 Power to Commute Sentence-

Under section 474 BNSS sub clause (e) a sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced the State Government may without the consent of the person sentenced may reduce. This sub section is not included in section 433 Cr.P.C. For provisions regarding central Act in Cr.P.C. under section435 it is State Government to act after consultation with Central Government in certain cases and in BNSS under section 477 it is State Government to act after concurrence with Central Government.

2.27 Security for Keeping the Peace and for Good Behaviour-

In section 111 Cr.P.C. When a Magistrate under section 107, section 108, section 109, section 110 deems necessary to require any person to show cause under such section he shall make an order in writing setting the substance of the information received, the bond to be executed, the term for which is it to be in force and the Number, character and class of sureties if any required. Under section 130 BNSS When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the fitness for payment of sureties.

2.28 Public Order and Tranquillity, Maintenance of Unlawful Assemblies-

Under section 130 (1) of Cr.P.C. for public security it is necessary to disperse an assembly which can’t be done otherwise then Executive Magistrate of the highest rank who is present at that time cause the dispersion of the assembly with help of armed forces. Under section 130 (1) of BNSS same can be achieved but the dispersion is caused by either District Magistrate or any other Executive Magistrate.

2.29 Public Nuisance

Section 135 of Cr.P.C. the person against whom such show cause order is made shall appear in accordance with that order and cause against same. Under section 154 BNSS the appearance of the person or hearing of the person can be made and permitted through video conferencing. Under section 138 Cr.P.C. if the Magistrate is satisfied that the order is made originally or requires any modification as he thinks fit can be modified or not as the case may be. Under section 157 BNSS the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days the time period is mentioned. Section 143 of Cr.P.C. A DM or SDM or any other Executive Magistrate empowered by state Government or the DM may order any person not to repeat or continue a public nuisance. Under section 162 of BNSS addition of Deputy Commissioner of Police along with the same officials under section 143 Cr.P.C. to order any person not to repeat or continue a public nuisance.

2.30 Disposal of Property-

Section 451 Cr.P.C. enable a magistrate to provide custody of the property which is interim, the properties which are subject to natural decay the court after recording such evidence dispose off the property. Under section 497 of BNSS the the same is done but here after the production of property within a period of 14 days the Magistrate prepare a statement of such property containing the information of the property as per rules of the State Government. The provision of taking photo, video graph on mobile phone or any electronic media of the property is introduced also the Magistrate within a period of 30 days after the photographs of property has been taken order the disposal of the property. Under section 459 Cr.P.C. a person is entitled to possession of a property which is unknown or absent and prone to speedy decay and the Magistrate to whom its seizure is reported the value of the property to sold off is less than 500 rupees under the direction of the Magistrate is directed to be sold. Under section 505 BNSS the value of the property to be sold off is increased and to be sold is less than 10000 rupees.

2.31 Provision Regarding Anticipatory Bail-

Section 438(1) of the Cr.P.C.  laid down the following factors, upon consideration whereof the High Court or the Sessions Court could grant anticipatory bail: 

i )  The nature and the gravity of accusation;

1. ii)  The antecedents of the applicant including if he had previously undergone imprisonment on conviction in respect of a cognizable offence;

iii)  The possibility of the applicant to flee from justice;

1. iv)  Where the accusation is made with the object of injuring or humiliating the applicant by having him arrested.

The BNSS omits these factors. Section 482(1) of the BNSS now provides that the court may, if it thinks fit, grant anticipatory bail to the applicant, thereby giving absolute discretion to the court. The language in Section 482(1) of the BNSS appears to give the court absolute discretion in deciding whether to grant anticipatory bail, without specifically considering the nature and gravity of the accusation, the applicant's antecedents, the possibility of fleeing from justice, or malicious intent behind the accusation. This could raise questions about the potential impact on the consistency and predictability of anticipatory bail decisions, as well as concerns about the protection of individual rights and the potential for arbitrary judgments. The Proviso to Section 438(1) of the CrPC provided that where the court neither issued an interim order nor dismissed an application for anticipatory bail, the police officer in charge was authorized to arrest the applicant without a warrant based on the accusations anticipated in the application. This provision has also been omitted from the BNSS. The removal limits the police's automatic authority to arrest an applicant without a warrant when the court neither issues an interim order nor dismisses an anticipatory bail application. This change underscores a commitment to protecting individuals from arbitrary arrest, encouraging a more measured approach by law enforcement, and promoting legal certainty by ensuring that arrests are contingent upon a judicial decision in the anticipatory bail process. Section 438 (1-A) of the CrPC provided that where the court grants anticipatory bail under Section 438(1), it shall forthwith cause a notice being not less than seven days, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the court. This provision also stands omitted from the BNSS. Section 438 (1-B) of the CrPC requiring the presence of the applicant seeking anticipatory bail at the time of final hearing of the application and passing of the order in relation thereto, upon application made by the Public Prosecutor, is also omitted. 

2.32 Procedure for letters and telegrams-

Under section 92 Cr.P.C. if any document, parcel or thing in the custody of a postal or telegraph authority is in the opinion of District Magistrate, Chief Judicial magistrate, Court of Session or High Court wanted for the purpose of any investigation inquiry or trial or other proceeding under this code such Magistrate or Court may require the postal and telegraph authority to deliver the document to such person as per direction of Magistrate or Court. Under section 95 of BNSS procedure is as to letters only and not telegraph authority.

2.34 Sentences in cases of conviction of several offences at one trial-

In respect of sentences in several offences, Section 25 of the BNSS has been amended to omit the default rule that punishments shall run consecutively in the order directed by the court, unless specified otherwise. Section 25 now requires consideration of the gravity of the offences and specifically order punishments to run concurrently or consecutively. Further, Section 31 of CrPC provided that maximum punishment in this case cannot exceed 14 years. This has been extended to 20 years under Section 25 of the BNSS.

2.35 Judgement-

Section 353Cr.P.C. in every criminal court having original jurisdiction the judgement in every trial is pronounced in open court by the presiding officer immediately after the trial is over or terminated. Under section 392 BNSS the judgment shall be pronounced after termination of trial at some subsequent time not later than 45 days whose notice shall be given to parties and their advocates. Under section 392 (4) BNSS proviso the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment which is not there in Cr.P.C. which shows transparency in modern legal practices.

2.36 No formal proof of certain documents-

Under section 294 Cr.P.C. when any document is filed before any court by prosecution or accused, the particulars of every such document shall be included in the list by prosecution or accused or by their pleaders and they will be called upon to admit the genuineness of the document so filed. Under section 330 of BNSS. when any document is filed before any court by prosecution or accused, the particulars of every such document shall be included in the list by prosecution or accused or by their pleaders and they will be called upon to admit the genuineness of the document so filed and the filing shall be done within 30 days.

2.37 Time limit for taking signature of accused examined by electronic communication

Under BNSS section 316 (4) proviso to sub section 4 provides that where the accused is in custody and is being examined through electronic communication his signature shall be taken within 72 hours from such examination. The proviso is absent under section 281 of Cr.P.C.

2.38 Trial before a Sessions Court-

Corresponding to section 227 of Cr.P.C. in BNSS under section 250 the accused produce an application for discharge within a period of 60 days from the date of commencement of the case under section 232. Under section 228 (1) (b) Cr.P.C. time limit of framing of charge against the accused is not mentioned Under BNSS section 251 (1) (b) the court shall frame the charge against accused in writing within a period of 60 days from the date of first hearing on the charge. Under section  254 BNSS the judge shall proceed to take all evidences which is produced by the prosecution evidence can now be taken by electronic audio video means and the evidence of any public servant can be taken through audio video electronic means , the provision of electronic medium was not present under section 231 Cr.P.C. , under section 237 Cr.P.C. the quantum of compensation under sub section 4  is 1000 rupees paid to accused if there was no reasonable cause for making the accusation, under BNSS section 260 the amount of  compensation given to accused has been increased to not more than 5000 rupees if there were no reasonable cause for making such accusation on him.

2.39 Inquiries and Trials, Evidence In-Mode of Taking and Recording Evidence-

All the evidence provided shall be taken in the course of trial or other proceedings in presence of the accused when his personal attendance is given in the presence of his pleader under section 273 Cr.P.C. , Under section 308 BNSS All the evidence provided shall be taken in the course of trial or other proceedings in presence of the accused when his personal attendance is given in the presence of his advocate through audio video electronic means at a designated place given by the State Government.

2.40 Offences committed by means of electronic communication letters, etc-

Section 182 Cr.P.C deals with offences including cheating committed via letters, telecommunications, messages etc and under section 202 of BNSS the scope is expanded to cheating committed via electronic communication, messages, letters, telecommunications etc.

2.41 Withdrawal from prosecution-

Under section 321 of Cr.P.C. earlier the Public Prosecutor with the consent of the court at any time before the pronouncement of judgement cause the withdrawal of the prosecution of any person, now under section 360 of BNSS such withdrawal can only be done after giving reasonable opportunity to victim of being heard.

2.42 Supply to accused of copy of police report and other documents-

Under section 207 of Cr.P.C. it did not specify the time limit for furnishing the documents namely the police report, FIR, statements recorded, confessions and statements, other relevant documents now under section 230 of BNSS allows furnishing the copies of documents through electronic means or inspection either personally or through an advocate in court. Similarly, under section 231 of BNSS the copies of documents shall be furnished through electronic medium.

2.43 Plea Bargaining-

Under section 265 B Cr.P.C. a person accused of an offence may file an application for plea bargaining (it’s an arrangement between prosecutor and defendant where by the defendant pleads guilty for a lesser charge in exchange for an agreement to drop the charges) in court where such offence is pending.  Under section 290 BNSS a person is accused of an offence may file an application for plea bargaining within a period of 30 days from the date of framing charge in the court in which the offence is pending for trial. Under section 293 BNSS for first time offenders an easy and lenient approach has been opted as the court has his discretion to impose sentences which amounts to one fourth of the minimum punishment where it was one half of punishment under section 265 E of Cr.P.C. in cases where first time offenders are given sentence which is equivalent to one sixth of prescribed penalty where as one fourth penalty standard was under Cr.P.C.

 2.44 Directorate of prosecution-

There were certain provisions absent in section 25-A regarding directorate of Prosecution in Cr.P.C. which were covered under section 20 of BNSS which includes establishment of a District Directorate of Prosecution in every  district consisting of many Deputy Directors and Assistant Directors of Prosecution, eligibility for the appointment Deputy Director and Director of Prosecution including he has been in practice for an advocate for not less than 15 years or has been a Sessions Judge for Assistant Director he has been in practice as an advocate for not less than seven years or has been Magistrate of First Class. ) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal. (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita.

2.45 Power to adjourn proceedings-

Under the section 309 Cr.P.C. the court has power which is unlimited to grant adjournment if the circumstances are beyond the control for the party who is seeking the adjournment. Under section 346 (2) of the BNSS this power of the court is reduced by way of proviso which is not more than 2 adjournments may be granted by the court after hearing the objections of the other party and the reasons so done shall be recorded in writing.

2.46 Report of police officer on completion of investigation-

Under BNSS section 193 the investigation under sections 64,65,66,67,68,69,70,71 of Bhartiya Nyaya Sanhita 2023 or under sections 4,6,8 or section 10 of Protection of Children from Sexual Offence Act 2012 shall be completed within 2 months from the date on which information was recorded by police officer regarding the offence. This provision is not added under section 172 of CR.P.C., the provision of forwarding the information through electronic communication also to the Magistrate to take cognizance of offence on police report for is added under section 193 (3) (i) this electronic communication was absent under section 173 (2) (i), section 193 (3) (i) (i) the report shall also contain the sequence of custody in case of electronic device. Section 193 (3) (ii) the progress of the investigation shall be informed by the police within 90 days by any means including electronic communication to the victim or informant these was not provided under section 173 (2) (ii) of Cr.P.C. section 193 (8) of BNSS mandates the police officer to submit the number of copies of police report along with other documents to the magistrate and to the accused also this process could also be done though electronic communication. Under Cr.P.C. if the police officer founded convenient then only, he provided the reports and documents to the accused.

2.47 Cases to be sent to Magistrate when evidence is sufficient-

Under section 170 Cr.P.C. If upon an investigation there is sufficient evidence or reasonable ground to appear to the officer in charge of police station, he shall forward the accused under custody to a Magistrate who has powers to take cognizance upon such police report and try the accused, if the offence is bailable and the accused is able to give the security he shall take the security on a fixed day and number of days he has to appear before the Magistrate until directed to do. Under section 190 BNSS if the accused is not in custody, the police officer shall take security from such person for his appearance before the Judicial Magistrate and the Judicial Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.

2.48 Procedure of arrest of person against whom warrant issues-

Section 80 of Cr.P.C. when a warrant of arrest is executed outside the district the person arrested shall unless the court situated under 30 kms of the place of arrest or is nearer than Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose arrest is made or unless the security is taken before such Magistrate, District Superintendent or Commissioner.  Under BNSS section 82 On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

2.49 Control room at districts-

Under section 41 C Cr.P.C. The Government shall establish shall establish a police control room in every district at state level and the State Government shall cause to be displayed on the notice board kept outside of every control room at every district the names and address of the persons arrested and the names and designations of police officers who did the arrest. The control room of Police Headquarters at State level shall collect the data details about the persons arrested the nature of the offence committed of which they are charged and maintain a database for the information general public. Under section 37 BNSS The State Government shall— (a) establish a Police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters.

2.50 Arrest on refusal to give name and residence-

Under section 42 (2) of Cr.P.C. a person could have been released on executing bond with or without sureties to appear before a Magistrate is so required in such arrests. Under section 39 (2) of the BNSS provides that a person arrested on such cases can be released on a bail or a bail bond.

2.51 Arrest by private person and procedure on such arrest-

Section 43 (1) of the Cr.P.C. any private person when arrests another person or committing a non bailable offence and cognizable offence or any proclaimed offender and take him to the police officer if not available take him to custody to the nearest police station. Section 40 (1) of the BNSS has been modified to mandate the production of such arrested person within 6 hours to be taken to the nearest police station.

2.52 Person Arrested not to be detained more than 24 hours-

Section 57 of Cr.P.C. No police officer can detain a person without a warrant for a longer period such period shall not increase 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrates Court. Section 58 of BNSS No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not.

2.53 Cognizance of offence by Magistrates-

Section 210 (1) (a) of BNSS allows a Magistrate to take the cognizance of offences based on the complaints filed by the individuals authorised under special laws under section 190 (1) (a) of the CR.P.C. on receiving a complaint on facts upon a police report upon information received from any person other than a police officer or upon the Magistrate’s own knowledge. Section 210 (1) (b) of BNSS now allows the Magistrate to take cognizance upon receiving a police report electronically.

2.54 Examination of Complainant-

Section 200 of Cr.P.C. A Magistrate can take cognizance of an offence even without the knowledge of the accused person, but under BNSS section 223 no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.

2.55 Commencement of proceedings before Magistrates-

under section 227 of BNSS proviso is added to sub section (1) that is now the issuance of summons and warrants are now allowed through electronic means which was absent under section 204 of Cr.P.C.

2.56 commitment of case to court of session when offence is triable exclusively by it-

Under section 232 of BNSS two provisions have been introduced which are in a frame of time limit that is requiring of completion of proceedings within 90 days from the date the Magistrate has taken the cognizance also an extension of 180 days is permitted upon the recorded justifications, any application filed before Magistrate by victim or accused or any person authorised by such person in a case tried by sessions court then shall be forwarded to the Court of Session for sentencing the case, these proviso are absent under section 209 of Cr.P.C.

2.57 Production of digital evidence-

Under section 94 BNSS Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding by or before such Court or officer, such Court or officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order. 94 (3) (b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority. These were not mentioned under section 91 Cr.P.C.

2.58 Offence committed outside India –

Sections 188 and 189 of Cr.P.C. deals with this provision when an offence is committed outside India he may be dealt in way that such offence is committed at any place within India at which he may be found , and evidence for offence committed outside India shall be produced before a judicial officer in for that territory or before a diplomat for India or for that territory shall receive the evidence by the court holding such enquiry or trial in which court issue the commission to take evidence to which the disposition relate. Under section 208 and 209 of BNSS deal with offences committed outside India and receipt of evidence related to offences committed outside India, respectively. For offences committed beyond India’s borders, previously, only the physical form of depositions or exhibits was permissible. However, with the BNSS, electronic forms are also accepted for producing evidence for offences committed outside India.

2.59 Record of examination of accused-

Under section 281 of Cr.P.C.  whenever the accused is examined by a Metropolitan Magistrate, he shall make a memorandum of substance of the examination of the accused in the language of the court which will be signed by the Magistrate and shall form the part of the record. Under section 316 BNSS Whenever the accused is examined by any Magistrate, or by a Court of Session, such examination, including every question put to him and every answer given by him, shall be recorded by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf. Section 316 BNSS proviso of sub section 4 is where the accused is in custody and is examined through electronic communication his signatures shall be taken within 72 hours of such examination which is absent under Cr.P.C.

3. New section and terms and definitions addition in BNSS
4. Audio video electronic section- 2 (1) (a) - it includes the use of any communication devices for purposes such as video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes by such other means as provided by the rules of State Government.
5. Bail- section 2 (1) (b) - Bail is defined as the release of person who is accused of or suspected of commission of an offence from the legal custody, for release of person certain conditions has been imposed by an officer or court only on execution of a bond or a bail bond.
6. Bail Bond- section 2 (1) (d)- the meaning of bail bond means a written promise for release of an individual with surety.
7. Bond- section 2 (1) (e)- bond is a formal written agreement for release of a person without surety.
8. Electronic Communication- Section 2 (1) (i)- when any communication is a type of any written, verbal, pictorial information or video content transferred from on person to another via an electronic device using a telephone, mobile phone, other wireless telecommunication device, or computer, or audio video player or camera or any other electronic form which is specified by notification by the Central Government.
9. Victim definition alteration- section 2(1) (y)- the definition of victim is altered by removing term the accused person has been charged.
10. An explanation is added in section 2 (1) (l) states that if any provisions of Special Act are inconsistent with provisions of this Sanhita then provisions of Special Act will precede.
11. Recording of search and seizure through audio - video electronic means – Section 105- the whole process of conducting search of a place or taking possession of any property , article or thing under section 158 including the list preparation of tings that is seized during course of search and seizure and signing process of witnesses present on list shall be recorded through any means of electronic audio video preferably mobile phone, and then the Police Officer must without and delay forward such recording to the District Magistrate, Sub-Divisional Magistrate, or Judicial Magistrate of First Class.
12. Section 107 Attachment, Forfeiture or restoration of property- whenever any property is derived from a criminal activity or from commission of any offence during an investigation by Police Officer, he with the approval of Superintendent of Police or Commissioner of Police makes an application to the court or to the Magistrate who has jurisdiction to take cognizance of the offence or commits trial for the attachment of such property. If the court or the Magistrate after proper consideration whether before or after taking the evidence believes that all such properties are proceeds of crime then the Magistrate may issue a notice to such person and giving him opportunity to show cause within a period of 14 days to explain that why the attachment shall not be made. When notice is served to any person and he specifies any property is held by other person then on behalf of such person a copy of notice shall also be served to such other person. The Magistrate after considering the sow cause notice and after giving reasonable opportunity of being heard to person pass an order of attachment for the properties obtained from the proceeds of crime. In case where there is no response from the receipt within specified time ex parte is ordered for the attachment of the property if giving notice would defeat the purpose. The attached properties on being confirmed are proceeds of crime then the Magistrate shall direct District Magistrate to distribute the properties to those who are affected by the offence. The whole process of distribution by District Magistrate shall be done within 60 days. If there are no claimants or many claimants and after their proper satisfaction the proceeds of crime are for forfeited to the Government.
13. Section 86 Identification and attachment of property of proclaimed person-

The court on written request from police officer not below rank of Superintendent of Police or Commissioner of Police initiate the process of requesting with assistance of an authority makes a contract with State for identification, attachment, forfeiture of property belonging to the proclaimed person in accordance with the procedures provided in chapter VIII.

11. Trials and Proceedings to be held in electronic mode- section 530-

All trials, inquires and proceedings under this Code, including— (i) summons and warrant, issuance, service and execution thereof; (ii) holding of inquiry; (iii) examination of complainant and witnesses; (iv) trial before a Court of Session, trial in warrant cases, trial in summons-cases, summary trials and plea bargaining; (v) recording of evidence in inquiries and trials; (vi) trials before High Courts; (vii) all appellate proceedings and such other proceedings, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.

12.Forensic Facility 176 (3)- on receipt of every information related to commission of a crime which is punishable for 7 years or more in such case the officer in charge of a police station as notified by State Government within a period of 5 years cause forensic expert to visit the crime scene to collect forensic evidence and also cause the videography of the process on mobile phone on another device.

13. Section 336 Evidence of public servants, experts, police officers in certain cases- Where any document or report being prepared by a public servant, scientific officer or medical officer is implied to be used as evidence in any enquiry , trial, or other proceeding 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 prepared by them is disputed by any of the parties of the trial or proceedings.
14. Section 398- Witness Protection Scheme- Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses.
15. Section 472 Mercy petition in death sentences cases- A convict under the sentence of death or his legal heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition before the President of India under article 72 or the Governor of the State under article 161 of the Constitution within a period of thirty days after the date on which the Superintendent of the Jail,— (i) informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court; or (ii) informs him about the date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired, and that may present the mercy petition to the Home Department of the State Government or the Central Government, as the case may be. (2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or disposal by the Governor, the petition shall be made to the President within a period of sixty days from the date of rejection or disposal of his petition. (3) The Superintendent of the Jail or officer in charge of the Jail shall ensure, that every convict, in case there are more than one convict in a case, also makes the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, Superintendent of the Jail shall send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or State Government for consideration along with the said mercy petition. (4) The Central Government shall, on receipt of the mercy petition seek the comments of the State Government and consider the petition along with the records of the case and make recommendations to the President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt of comments of the State Government and records from Superintendent of the Jail. (5) The President may, consider, decide and dispose of the mercy petition and, in case there are more than one convict in a case, the petitions shall be decided by the President together in the interests of justice. (6) Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours, communicate the same to the Home Department of the State Government and the Superintendent of the Jail or officer in charge of the Jail. (7) No appeal shall lie in any Court against the order of the President made under article 72 of the Constitution and it shall be final, and any question as the arriving of the decision by the President shall not be enquired into in any Court.
16. Section 172 Persons bound to conform to lawful directions of police-All persons shall be bound to conform to the law directions of a police officer in case of ignoring, refusing, resisting, or disregarding to conform to any directions given by him he may take such person before the Magistrate in petty case, release him as soon as possible within a period of 24 hours.
17. Section 356 Inquiry, trial, judgement in absentia of proclaimed offender-

In this section when a person is declared as a proclaimed offender as he has absconded the trail or cannot be immediately tried   and there no possibility to arrest him, he shall be tried in a same manner as a person present tried and the court will record the reasons in writing and will proceed with trial in a manner like he was present and pronounce the judgement. The trial will not commence within 90 days from the day of framing charge against him.

Procedure for trial – 1. Issuing 2 consecutive warrants of arrest within interval of 30 days.

2. Publishing this in a national or local newspaper in place where he last resided and circulating it and requiring the proclaimed offender to appear before the court for trial and if he fails to appear within 30 days from such publication the trial will be commenced on his absence.
3. Informing his relative or friend and the commencement of trial.
4. Affix this information out his house where he resides and display it on the police station of his district where he last resided.

When the proclaimed offender is not represented by any advocate, he shall by provided an advocate for his defence from the State. When the court has become competent for trial against proclaimed offender and examined witnesses for prosecution and recorded their dispositions shall ne given as evidence in the trial against the offender with which he is charged. The examination of witness can be done via audio video means and such recording shall be kept in manner as the court may direct. The voluntary absence of the accused cannot prevent the continuing of trial against him or pronouncing of any judgement against him even if he is arrested or appears at the conclusion of the trial. No appeal will lie against the judgement under this section, no appeal shall lie against the conviction after the expiry of three years from the date of judgement. The State by notification extend the provisions of this section to any absconder in sub section 1 of section 84.

4. Positive and Negative Aspects regarding BNSS

Positive Aspects

1. Removal of insensitive terms for weaker sections projecting more empathy also removal of archaic terms like word Pleader is substituted by word Advocate. A more humane change has also been made for vulnerable categories regarding summons as liberation regarding place has been provided for them regarding summons.
2. As it is a reformative approach implementing by technological advancements by using modern communication methods like video audio conferencing features of call recording incorporation of forensic technology etc the transition from traditional approach to more adaptive modern approach.
3. use of time frames or making procedures time bound which reduces the unwanted delay for our criminal judicial system.
4. clarity and better explanation of procedures such as a new chapter governing Bail that is chapter XXXV a new section 479 has been added to give clarity to word in law.

5.Progressive approach and more humanitarian ground for accused have been given as they are given opportunity of being heard in compliant cases.

6. Victims right to be informed is a welcoming step through this act this is very important for the recognition of their rights.
7. Dropping of proceedings in summons cases is also an important step which was not possible under the earlier section 125 Cr.P.C.
8. witness protection scheme introduction under section 398 ensures protection of the witnesses.
9. Zero FIR is a good move the police is bound to register FIR in cognizance offences whether or not it has the jurisdiction over it.

Negative Aspects –

1. BNSS still sticks in some parts to pattern of old procedural laws, as the community services punishments are not given a wider scope in this act. In case of economic crimes by companies or corporations’ features like non -trial solution or settlements are not given much importance.
2. In section 255 BNSS the Magistrate postpone the process against the accused and give orders of inquiry by police officer is a step which contributes more delay as the accused will receive more opportunities of getting himself non guilty in the case.
3. Section 105 includes provision of videography but it does not mention any guidelines regarding any technicalities of such recording also there could be risk of misuse of videography provisions.
4. The provision related to anticipatory bail under section 482 have been omitted such as Public Prosecutor opportunity to be heard.
5. The custody period of accused has been modified to 40 to 60 days depending upon the nature of the offence, which raises too many questions regarding misuse and considerable fear in minds of the accused.
6. Process of handcuffing provides also police while arresting the accused may or may not use his powers in a right discretional way will depend how the judgment of offence will be done.
7. Use of technology may also lead to misuse or overuse of technology thus proper control knowledge and training shall be given before practical implementation.
8. The properties obtained from proceeds of crime does not have much safeguards in Prevention of Money Laundering Act.
9. The scope of plea bargaining is a lighter sense of treatment for the accused also giving ample time of filing the application for plea bargaining also denotes delay in the specific process.
10. There are various typographical errors like word Policy has been used instead of Police in newly added proviso.
11. Conclusion

A coin has two sides likewise everything has positive and negative aspects so does this act too. It’s a combination of both aspects its application ahead will give us more clear and practical understanding of it.

6. References

•      Dr. N.V. Paranjape The Code Of Criminal Procedure Book
•      Bharatiya Nagarik Suraksha Sanhita ,2023 Bare Act
•      Cr.P.C. Bare Act
•      https://prsindia.org/files/bills_acts/bills_parliament/2023/Bharatiya_Nagarik_Suraksha_Sanhita,_2023.pdf
• https://www.nishithdesai.com/NewsDetails/14897
• https://www.taxmann.com/post/blog/tabular-comparison-bharatiya-nagarik-suraksha-sanhita-bnss-code-of-criminal-procedure-cr-pc/
• https://www.drishtiias.com/daily-updates/daily-news-analysis/overhauling-ipc-crpc-evidence-act
• https://www.barandbench.com/columns/comparative-analysis-of-code-of-criminal-procedure-1973-and-bharatiya-nagarik-suraksha-sanhita-2023
•          https://www.scconline.com/blog/post/2023/12/31/key-highlights-of-the-three-new-criminal-laws-introduced-in-2023/
• https://bharatchugh.in/2023/09/06/the-good-the-bad-and-the-ugly-of-the-new-indian-criminal-laws-part-1/
• https://www.newindianexpress.com/explainers/2023/Dec/31/whyconcerns-over-revampedcriminal-lawsrefuse-to-go-away-2646322.html
• https://articles.manupatra.com/article-details/Pre-Trial-Complications-in-CrPC