Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

BNSS Sec 35(3) Old CrPC Sec 41A

Notice of appearance before police officer prior to arrest

Police officer must issue notice of appearance in all cases where arrest is not made under Section 35(1). Accused must comply and attend inquiry.

Procedural Shift: Notice mandatory for offences punishable up to 7 years. Mandatory prior permission of DSP level officer required for senior citizens (>60) or persons with infirmities.

BNSS Sec 106 Old CrPC Sec 102

Power of police officer to seize certain property (Bank Account Freeze)

Police officer may seize any property which may be alleged or suspected to have been stolen, or found under circumstances which create suspicion of any offence. Governs cyber police bank account freezes.

Procedural Shift: Mandatory reporting of seizure to Magistrate. Expanded power to attach/seize property derived from criminal activity with judicial oversight.

BNSS Sec 173 Old CrPC Sec 154

Information in cognizable cases (FIR / e-FIR / Zero FIR)

Every information relating to the commission of a cognizable offence given to an officer in charge of a police station.

Procedural Shift: Statutory recognition of Zero FIR (can be registered at any police station) and e-FIR (electronic information to be signed within 3 days). Preliminary inquiry allowed within 14 days for offences punishable between 3 to 7 years with DSP permission.

BNSS Sec 187 Old CrPC Sec 167

Procedure when investigation cannot be completed in 24 hours (Police Custody & Remand)

Authorisation of detention of accused in custody. Statutory default bail preserved after 60 or 90 days of total detention.

Procedural Shift: Police custody of 15 days can now be sought in whole or in parts during the initial 40 days (for 60-day default bail offences) or initial 60 days (for 90-day default bail offences).

BNSS Sec 482 Old CrPC Sec 438

Direction for grant of bail to person apprehending arrest (Anticipatory Bail)

Application before High Court or Sessions Court for anticipatory bail when any person has reason to believe that he may be arrested on accusation of non-bailable offence.

Procedural Shift: Retains powers of High Court and Court of Session to grant pre-arrest bail with conditions. Clarifies timelines for notice to Public Prosecutor.

BNSS Sec 480 Old CrPC Sec 437

When bail may be taken in case of non-bailable offence (Regular Bail before Magistrate)

Bail in non-bailable cases before Magistrates with statutory exceptions for heinous crimes.

Procedural Shift: Specific provisions encouraging bail for first-time undertrial prisoners who have served 1/3rd of the maximum sentence (Section 479 BNSS).

BNSS Sec 483 Old CrPC Sec 439

Special powers of High Court or Court of Session regarding bail

Special jurisdiction of Superior Courts to grant bail to any person in custody.

Procedural Shift: Empowers Sessions Court and High Court to grant regular bail, interim protection, and impose necessary conditions.

BNSS Sec 528 Old CrPC Sec 482

Saving of inherent powers of High Court (Quashing of FIR / Proceedings)

High Court's constitutional and inherent authority to quash FIRs, chargesheets, and criminal complaints lacking prima facie grounds.

Procedural Shift: Inherent powers of the High Court to prevent abuse of the process of any court or secure the ends of justice preserved in full.

BNSS Sec 175(3) Old CrPC Sec 156(3)

Magistrate's power to order investigation on police refusal

Application filed before Judicial Magistrate seeking judicial direction to Police to register FIR and conduct investigation.

Procedural Shift: Requires complainant to produce affidavit verifying prior application to Police Station under 173(1) and SP under 173(4). Magistrate can order preliminary inquiry before directing FIR.

BNSS Sec 180 Old CrPC Sec 161

Examination of witnesses by police

Police officer investigating may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

Procedural Shift: Audio-video electronic means explicitly permitted for recording statements of witnesses.

BNSS Sec 183 Old CrPC Sec 164

Recording of confessions and statements by Magistrate

Judicial recording of confession or statement during investigation by Metropolitan/Judicial Magistrate.

Procedural Shift: Audio-video electronic recording mandatory in specified sensitive cases, especially sexual offences.

BNSS Sec 193 Old CrPC Sec 173

Report of police officer on completion of investigation (Chargesheet / Final Report)

Final investigation report submitted to Magistrate upon completion of probe.

Procedural Shift: Investigation of rape cases must be completed within 2 months. Police must inform informant/victim within 90 days of progress of investigation including electronic mode.

BNSS Sec 94 Old CrPC Sec 91

Summons to produce document or other thing (including electronic records)

Court or police officer issuing order/summons for production of necessary documents or materials for inquiry/trial.

Procedural Shift: Explicit inclusion of electronic communication and digital devices.

BNSS Sec 103 Old CrPC Sec 100

Persons in charge of closed place to allow search / videography requirement

Procedure for search of premises, seizure list (panchnama), and independent witness presence.

Procedural Shift: Mandatory audio-video electronic recording of search and seizure operations without delay under Section 105 BNSS.

BNSS Sec 144 Old CrPC Sec 125

Order for maintenance of wives, children and parents

Magisterial order directing person with sufficient means to pay monthly maintenance allowance to wife, legitimate/illegitimate child, or father/mother unable to maintain themselves.

Procedural Shift: Streamlined timeline for disposal of interim maintenance within 60 days from date of service of notice.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Hub