BNSS/CrPC - INTRODUCTION

Criminal procedural law of India is codified in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023). It received the assent of the President on 25.12.2023 and was brought into force on 01.07.2024 after repealing the Code of Criminal Procedure, 1973.

System of criminal trial codified in BNSS/CrPc is the ADVERSARIAL SYSTEM BASED UPON THE METHOD OF ACCUSATIONS. Malimath committee in report, 2003 also favoured this system where prosecutor representing the State needs to prove the accusations made on the accused persons beyond reasonable doubt. Accused defends himself after contesting the facts or law or both, alleged against him and truth is expected to emerge in this contest before a neutral and fair judge.

BNSS/CrPc is predominantly a procedural law but there are some provisions of law eg., maintenance, public nuisance, prevention of offences, which reflects the substantitive aspects of law.

Importance of procedural law: It serves as the basic tool to realise the substantive rights and seek the redressal. Justice HR KHANNA in Iqbal Ismail Sodawala vs. State of Maharashtra (1974 SC) explained the purpose of procedural law as follows :-

• it establish the rule of law.

• it further the ends of justice and does not frustrate them.

• it ensure fair trial in accordance with the principles of Natural Justice. Hon'ble Supreme Court of India has defined a trial before an impartial judge, a fair prosecutor and in an atmosphere of judicial calm as fair trial.

• it spells the difference between rule of law and rule of whim and caprice.

DEFINITIONS are provided in section 2 of BNSS. Some new definitions have also been added which were not defined in the CrPc eg., audio-video electronic means, bail, bail bond, bond, electronic communication.

Prelims questions/ objective questions for exam: Following are some questions that can be asked in prelims exam from the CHAPTER 1 (PRELIMINARY). You can find their answers at the bottom of the page.

1. What is the date of enactment of BNSS?

2. What is the date of enforcement of BNSS?

3. Which chapters of BNSS are also applicable to the State of Nagaland & Tribal areas?

4. Who can apply the provisions of BNSS to the whole or part of the State of Nagaland or tribal areas by notification?

5. BNSS falls in which list of the s

   eventh schedule of the Constitution of India?

Answers

1. 25.12.2023

2. 01.07.2024 Section 1(3) of BNSS

3. IX (Security for keeping the peace and for good behavior), X (Maintenance of Wives, Children and Parents), XII (Preventive Action of the Police) Section 1(2) of BNSS

4. Concerned State Government

5. Concurrent list (List III)