The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023) (BNSS)

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Description
It is my pleasure to have the opportunity to revise the book of renowned author Prof. S.N. Misra on "Criminal Procedure Code". Indeed, it was a herculean task, particularly in view of the fact that a new law, namely, "Bharatiya Nagarik Suraksha Sanhita, 2023" has been enacted repealing the old Criminal Procedure Code of 1973.
Bharatiya Nagarik Suraksha Sanhita, 2023 has introduced several changes. Some new provisions have been inserted. Some old provisions have been amended. Some old provisions have been retained as it is. The quantum of punishment for several offences has been substantially enhanced. A new kind of punishment has been created, namely, "community service", imposable on the convicts of the petty offences such as attempt to commit suicide to compel or restraint exercise of lawful power, theft where value of property stolen is less
than Rs. 5000/-, etc.
Not only this, with the intent to reduce the time taken in criminal proceedings, specific time lines have been prescribed for investigation and trial. The rights of the accused have been strengthened by providing safeguards, like the right to a lawyer of choice during interrogation, though not throughout the interrogation, and the right to a fair trial. Every police officer arresting any person without warrant is now obligated to forthwith communicate to him full particulars of the offence for which he is arrested. Soon after the arrest is made, the person arrested shall have to be examined by a Government Medical Officer, failing which, by a registered medical practitioner. The grounds for arrest have been enlarged. A time frame has been prescribed for completion of investigations by police and disposal of cases by the courts. The use electronic communication for issuance, service and execution of summons and warrants; examination of complainant and witnesses; recording of evidence in inquiries and trials; and all appellate proceedings has been permitted. Audio-Video recording of search and seizure is allowed to bring in greater transparency during investigation. In view of Apex Court judgment in Sunil Batra v. Delhi Administration, AIR 1980 SC 1579, declaring that handcuffing of accused and fettering prisoners in iron is inhuman and unjustified, BNSS allows a police officer to use handcuffs in the specified cases only.
The book was required to be thoroughly revised in accordance with the new law, as the old law has completely lost its existence having been repealed. This added to the challenge before me. However, I have made all out efforts to bring the revised edition using my skills, knowledge and experience in the field of law. I hope it would cater to the needs of one and all.
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Contents
Chapter 1. Preliminary
Chapter 2. Constitution of Criminal Courts and Offices
Chapter 3. Power Of Courts
Chapter 4. Powers of Superior Officers of Police and AID to the Magistrates and the Police
Chapter 5. Arrest of Persons
Chapter 6. Process to Compel Appearance
Chapter 7. Processes to Compel the Production of Things
Chapter 8. Reciprocal Arrangements for Assistance in Certain Matters and Procedure of Property
Chapter 9. Security for Keeping the Peace and for Good Behaviour
Chapter 10. Order for Maintenance of Wives, Children and Parents
Chapter 11. Maintenance of Public Order and Tranquality 
Chapter 12. Preventive Action of the Police
Chapter 13. Information to the Police and their Powers to Investigate
Chapter 14. Jurisdiction of the Criminal Courts in Inquiries and Trials
Chapter 15. Conditions Requisite for Initiation of Proceedings
Chapter 16. Complaints to Magistrates
Chapter 17. Commencement of Proceedings before Magistrates
Chapter 18. The Charge
Chapter 19. Trial Before a Court of Session
Chapter 20. Trial of Warrant - Cases by Magistrates
Chapter 21. Trial of Summons - Cases by Magistrates
Chapter 22. Summary Trials
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Author Details
S.N. Misra