Bharatiya Nagarik Suraksha Sanhita, 2023 (Criminial Procedure)

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Description
The newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) has repealed and replaced the Code of Criminal Procedure, 1973 (CrPC for short), which in turn had repealed and replaced the Code of Criminal Procedure, 1898, respectively.
The notable features of the new law include e-FIR, compulsorily recording statement of the victim in cases of sexual violence and the video recording of the statement in cases of sexual harassment, regularly furnishing status of complaint to the complainant, enhanced concern for the victim, deemed sanction for prosecution, ruling out total pardoning, promoting forensic science to optimise rate of conviction.
BNSS, replacing CrPC, now has 533 sections, wherein 160 sections of CrPC have been changed/amended/substituted, 9 new sections have been added and 9 sections have been repealed.
Section 35 BNSS now consolidates Sections 41 and 41-A CrPC into one section. In case of an offence punishable with less than three years and where a person is infirm or above 60 years of age, an arrest can be made only if an officer not below the rank of Deputy Superintendent of Police grants prior permission for such arrest. Such provisions make the Sanhita more people-friendly.
Section 43(3) BNSS formally brings back the usage of handcuff conferring the police with discretionary powers to handcuff accused persons albeit in special circumstances mentioned in the section (in deference to the Supreme Court directions in Sunil Batra v. Delhi Admn.1 and Prem Shankar Shukla v. Delhi Admn.2).
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Table of 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
J. K. Verma