Bullet-point note with section numbers highlighting the major changes made in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 compared to the Code of Criminal Procedure (CrPC, 1973), specially curated for Judicial Services Preliminary Examination
๐ BNSS 2023 – Major Changes with Sections (CrPC to BNSS Transition)
๐น 1. Arrest Reforms
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Section 35: Arrest without warrant now requires prior approval from officer of DSP rank or above if offence is punishable with <3 years & the person is infirm or aged above 60 years.
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Section 43: Handcuffs permitted during arrest for habitual offenders, terrorists, or serious crimes (organized crime, rape, etc.).
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Section 48: Arresting officer must inform designated district police officer and relative/friend.
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Section 38: Accused has right to meet advocate during interrogation (reaffirmed).
๐น 2. FIR and Investigation Updates
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Section 173: Introduction of Zero FIR – FIR can be registered at any police station, irrespective of jurisdiction.
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Section 173(3): Provision for e-FIR – to be signed within 3 days by complainant.
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Section 176: Forensic investigation made mandatory in cases punishable with 7+ years imprisonment.
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Section 105: Seizure/search to be recorded through audio-video means.
๐น 3. Proclaimed Offender & Trial in Absentia
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Section 356: Trial in absentia allowed if accused is declared Proclaimed Offender.
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Ensures justice is not delayed due to absconding accused.
๐น 4. Bail Provisions Modified
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Section 479: Bail for undertrial not available if:
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Offence punishable with life imprisonment.
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Accused has multiple FIRs/cases.
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Section 479(3): First-time offenders eligible for bail after 1/3rd of sentence.
๐น 5. Court Powers & Structure Reforms
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Section 6: Metropolitan Magistrates abolished – unified Magistrate system across all regions.
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Section 23(2): Fine limit of First Class Magistrate increased to ₹50,000.
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Section 23(3): Second Class Magistrate – fine limit raised to ₹10,000.
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Section 23 (Explanation): Community Service introduced as a punishment.
๐น 6. Time-Bound Procedures
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Section 232: Committal of case to Sessions Court must be done within 90 days (extendable by 90 days).
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Section 251: Charge framing in Sessions Court – to be completed within 60 days of first hearing.
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Section 392: Judgment delivery within 30 days (extendable to 45 days) after final arguments.
๐น 7. Use of Technology & Electronic Mode
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Section 530: Provision for electronic trials and proceedings, including:
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Video conferencing for witnesses/accused.
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Electronic communication admissible.
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Section 105: Search & seizure recording allowed via mobile/AV devices.
๐น 8. Plea Bargaining Expanded
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Section 289–298: Plea bargaining available if punishment is less than 7 years.
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Section 290(3): Application must be made within 30 days of charge framing.
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Section 294: Accused can be given punishment as low as 1/4th of minimum sentence.
๐น 9. Prosecution Structure Reformed
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Section 18–20:
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Directorate of Prosecution made mandatory.
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Public Prosecutors and Assistant Public Prosecutors now function under structured district & state-level hierarchy.
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Jail Superintendent can apply for bail on behalf of undertrial (Section 478).
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๐น 10. Summons and Summary Procedure Updates
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Section 229: Special Summons for petty offences where fine does not exceed ₹5,000 (earlier ₹1,000).
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Section 283–287: Summary trials extended to offences punishable with up to 3 years imprisonment.
๐น 11. Victim and Witness Protection
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Section 396–398:
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Victim Compensation Scheme.
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Witness Protection Scheme introduced statutorily.
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๐น 12. Executive Magistrates’ Powers
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Section 163: Section 144 (urgent public order cases) retained.
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Section 15: Police officer of SP rank can be appointed as Special Executive Magistrate.
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