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CONTENTS
Table showing sections of Code of Criminal Procedure, 1973 and corresponding sections of Bharatiya Nagarik Suraksha Sanhita, 2023 I-7
Table showing sections of Bharatiya Nagarik Suraksha Sanhita, 2023 and corresponding sections of Code of Criminal Procedure, 1973 I-37
Table showing new sections of Bharatiya Nagarik Suraksha Sanhita, 2023 I-67
Table showing sections of Code of Criminal Procedure, 1973 repealed by Bharatiya Nagarik Suraksha Sanhita, 2023 I-69
Section Key to Bharatiya Nagarik Suraksha Sanhita, 2023 I-71
Alphabetical key to Comparative Study of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) & Code of Criminal Procedure, 1973 (Cr. PC.) I-99
Comparative Study of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) & Code of Criminal Procedure, 1973 (Cr. PC.) I-113
Arrangement of sections 1
Text of Bharatiya Nagarik Suraksha Sanhita, 2023 25
Statement of Objects and Reasons 725
Notes on Clauses 727
247th Report on Bharatiya Nagarik Suraksha Sanhita, 2023Parliamentary Standing Committee on Home AffairsObservations/Recommendations - At a glance 797
Speech of Honourable Minister of Home Affairs and Minister of Co-operation (Shri Amit Shah) in Lok Sabha on 20-12-2023 809
Appendix : Provisions of other Acts referred to in Bharatiya Nagarik Suraksha Sanhita, 2023 811 I-5
ANNEXURES
Delegation of Powers to Administrators of Union Territories 827
Forensic Science Laboratories of Delhi, Officials of 828
Specified Police Control Room 829
Redesignation of existing Magisterial Courts of Chief Metropolitan Magistrates, Addl. Chief Metropolitan Magistrates, Metropolitan Magistrates, etc. of all the Metropolitan Areas (erstwhile)/Judicial Districts of the National Capital Territory of Delhi 830
Notified Government Scientific Experts 842
Examination of witnesses through audio-video electronic means 843
Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Procedure for investigation - Officer-in-charge of police Station is empowered to depute any subordinate officer to investigate specified cases 844
Guidelines for Community Services 846
Special Judicial Magistrates 848
Special Public Prosecutor 850
Director of Prosecution 854
Delhi BNSS (Arrest Information) Rules, 2025 856
Delhi BNSS (Service of Summons) Rules, 2025 858
Delhi BNSS (First Information Report) Rules, 2025 861
Non-Cognizable Offences Report Rules, 2025 865
Procedure for Investigation 868
Report of Police Officer on Completion of Investigation 869
Prosecution of Judges and Public Servants 875
Evidence for prosecution/defence/to be taken in presence of accused 876
Delhi Witness Protection Scheme, 2025 880
Delhi BNSS (Identification of Case Property) Rules, 2025 886
Electronic Evidence and Video Conferencing Rules, 2025 888
Subject Index 903
BHARATIYA NAGARIK SURAKSHA SANHITA,
2023 [46 of 2023]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply—
(a) to the State of Nagaland;
(
b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20* of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette†, appoint.
Corresponding Provision : Section 1 of Cr.PC., 1973
* For text of paragraph 20 of the Sixth Schedule to the Constitution, see Appendix † Notification No. S.O. 848(E), dated 23-2-2024 — In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force.
S. 2
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 26
COMMENTS
SECTION NOTES
1.1 Short Title [Section 1(1)]
This Act is called as the Bharatiya Nagarik Suraksha Sanhita, 2023 (referred to as BNSS for brevity’s sake).
1.2 Extent (Territorial applicability) [Section 1(2)]
The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply—
(a) to the State of Nagaland;
(b) to the tribal areas.
1.3 Power of concerned State Government to apply BNSS provisions with modifications to whole or part of State of Nagaland or Tribal Areas
The concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
1.4 Definition of “Tribal areas”
“Tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
1.5 Date of coming into force [Section 1(3)]
This Act shall come into force from 1-7-2024 [vide Notification No. SO 848(E), dated 23-2-2024].
Notification No. SO 848(E), dated 23-2-2024, reads as under:
In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force.
Definitions.
2. (1) In this Sanhita, unless the context otherwise requires,—
(a) “audio-video electronic means” shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;
(
b) “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed
(
by an officer or Court on execution by such person of a bond or a bail bond;
c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;
Corresponding Provision : Section 2(a) of Cr.PC., 1973
(d) “bail bond” means an undertaking for release with surety;
(
e) “bond” means a personal bond or an undertaking for release without surety;
(
f) “charge” includes any head of charge when the charge contains more heads than one;
Corresponding Provision : Section 2(b) of Cr.PC., 1973
(g) “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
Corresponding Provision : Section 2(c) of Cr.PC., 1973
(h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
Corresponding Provision : Section 2(d) of Cr.PC., 1973
(i) “electronic communication” means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government;
(j) “High Court” means,—
(i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
Corresponding Provision : Section 2(e) of Cr.PC., 1973
S. 2 BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 28
(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court;
Corresponding Provision : Section 2(g) of Cr.PC., 1973
(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail;
Corresponding Provision : Section 2(h) of Cr.PC., 1973
(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;
Corresponding Provision : Section 2(i) of Cr.PC., 1973
(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;
Corresponding Provision : Section 2(j) of Cr.PC., 1973
(o) “non-cognizable offence” means an offence for which, and “noncognizable case” means a case in which, a police officer has no authority to arrest without warrant;
Corresponding Provision : Section 2(l) of Cr.PC., 1973
(p) “notification” means a notification published in the Official Gazette; Corresponding Provision : Section 2(m) of Cr.PC., 1973
(q) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20* of the Cattle Trespass Act, 1871 (1 of 1871);
Corresponding Provision : Section 2(n) of Cr.PC., 1973
(r) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;
Corresponding Provision : Section 2(o) of Cr.PC., 1973
(s) “place” includes a house, building, tent, vehicle and vessel;
Corresponding Provision : Section 2(p) of Cr.PC., 1973
* For text of section 20 of the Cattle Trespass Act, 1871, see Appendix
(t) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193;
Corresponding Provision : Section 2(r) of Cr.PC., 1973
(u) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;
Corresponding Provision : Section 2(s) of Cr.PC., 1973
(v) “Public Prosecutor” means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor;
Corresponding Provision : Section 2(u) of Cr.PC., 1973
(w) “sub-division” means a sub-division of a district;
Corresponding Provision : Section 2(v) of Cr.PC., 1973
(x) “summons-case” means a case relating to an offence, and not being a warrant-case;
Corresponding Provision : Section 2(w) of Cr.PC., 1973
(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim;
Corresponding Provision : Section 2(wa) of Cr.PC., 1973
(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Corresponding Provision : Section 2(x) of Cr.PC., 1973
(2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Corresponding Provision : Section 2(y) of Cr.PC., 1973
COMMENTS
2.0 DEFINITIONS [SECTION 2(1)]
SECTION NOTES
2.0-1 Definitions of certain expressions used in BNSS [Sub-section (1)]
Sub-section (1) of section 2 relates to definition of certain expressions used in BNSS.
All definitions in this sub-section are prefaced with the opening words “In this Sanhita, unless the context otherwise requires”.
All definitions given in sub-section (1) have to be read with and subject to words “In this Sanhita, unless the context otherwise requires”.
S. 2
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 30
2.0-2 Words and expressions used herein and not defined [Sub-section (2)]
Sub-section (2) of section 2 relates to words and expressions used in BNSS but not defined in sub-section (1).
2.1 AUDIO-VIDEO ELECTRONIC MEANS [SEC. 2(1)(a)]
SECTION NOTES
2.1-1 Audio-Video Electronic Means
In BNSS, unless the context otherwise requires, the term “audio-video electronic means” shall include use of any communication device for the purposes of—
Video conferencing
Recording of processes of identification
Search and seizure or evidence
Transmission of electronic communication, and For such other purposes and by such other means as the State Government may, by rules provide.
2.1-2 “Communication device” means cell phones
The word “communication device” is not defined in section 2(1). In view of section 2(2) of BNSS, the definition given in the Information Technology Act, 2000 will apply for BNSS purposes.
“Communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image [Section 2(1)(ha) of Information Technology Act, 2000]
BNSS makes evidence recorded on mobile phones admissible as evidence.
BNSS permits the use of mobile phones for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes as the State Government may, by rules provide.
2.1-3 Such other means as the State Government may, by rules provide
Apart from mobile phones, the scope of “Audio-video electronic means” covers such other means as the State Government may, by rules provide for above-mentioned purposes. This allows State Government to take advantage of advancements in technology without having to amend the Act which is a time-consuming process. The State can simply notify use of such advancement to fast-track criminal procedure and make the criminal justice system more hassle-free.
2.2 BAIL [SEC. 2(1)(b)]
SECTION NOTES
2.2-1 Bail
Section 2(1)(b) of BNSS defines ‘bail’ to mean release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond
SECTION NOTES
2.3-1 Bailable offence
2.3 BAILABLE OFFENCE [SEC. 2(1)(c)]
“Bailable offence” means an offence which is shown as bailable in the First Schedule of BNSS, or an offence which is made bailable by any other law for the time being in force. “Non-bailable offence” means any other offence.
2.4 BAIL BOND [SEC. 2(1)(d)]
SECTION NOTES
2.4-1 Bail Bond
Section 2(1)(d) of BNSS defines ‘bail bond’ to mean an undertaking for release with surety.
2.5 BOND [SEC. 2(1)(e)]
SECTION NOTES
2.5-1 Bond
Section 2(1)(e) of BNSS defines ‘bond’ to mean a personal bond or an undertaking for release without surety.
2.6 CHARGE [SEC. 2(1)(f)]
SECTION NOTES
2.6-1 Charge
“Charge” includes any head of charge when the charge contains more heads than one.
Above definition is an inclusive definition.
2.7 COGNIZABLE OFFENCE [SEC. 2(1)(g)]
SECTION NOTES
2.7-1 Cognizable offence
Section 2(1)(d) defines the terms “cognizable offence” and “cognizable case”
“Cognizable offence” means an offence for which a police officer may arrest without a warrant.
2.7-2 Cognizable case
“Cognizable case” means a case in which a police officer may arrest without a warrant.
2.7-3 Power of Police officer to arrest without a warrant under First Schedule or under any other law
A police officer may arrest without a warrant for an offence or a case only if power is conferred on him by the First Schedule to BNSS or under any other law for the time being in force.
S. 2
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 32
If express power to arrest without warrant is not conferred by First Schedule or any other law, then the offence or case is non-cognizable offence/non-cognizable case [See section 2(1)(o) of BNSS]
2.8 COMPLAINT [SEC. 2(1)(h)]
SECTION
NOTES
2.8-1 Complaint
“Complaint” means any allegation made orally or in writing to a Magistrate. Allegation is that some person, whether known or unknown, has committed an offence.
Allegation is made with a view to his (Magistrate) taking action under this Sanhita.
2.8-2 Police report is not complaint except as provided in Explanation to section 2(1)(h)
The term “complaint” does not include a police report.
For definition of “Police Report”, see section 2(1)(t).
2.8-3 When police report is deemed to be a complaint
A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; And the police officer by whom such report is made shall be deemed to be the complainant.
2.9 ELECTRONIC COMMUNICATION [SEC. 2(1)(i)]
SECTION NOTES
2.9-1 Electronic Communication
“Electronic communication” means— the communication of any written, verbal, pictorial information or video content transmitted or transferred whether from one person to another, or from one device to another or from a person to a device or from a device to a person by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or cameras or any other electronic device or electronic form as may be specified by notification, by the Central Government
2.9-2 Scope of the term “electronic device”
The term “electronic device” specifically includes but is not limited to— a telephone, a mobile or cellular phone, or other wireless telecommunication device, or a computer, or audio-video players and cameras or any other electronic device or electronic form as may be specified by notification, by the Central Government.
2.10
HIGH COURT
[SEC. 2(1)(j)]
SECTION NOTES
2.10-1 High Court
“High Court” means,— (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
2.11 INQUIRY [SEC.
2(1)(k)]
SECTION NOTES
2.11-1 Inquiry
“Inquiry” means every inquiry, other than a trial, conducted under BNSS by a Magistrate or Court.
2.12 INVESTIGATION
[SEC. 2(1)(l)]
SECTION NOTES
2.12-1 Investigation
“Investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
2.12-2 Where provisions of special Act as to investigation are inconsistent with provisions of BNSS
Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail. [Explanation to section 2(1)(j)]
2.13
JUDICIAL PROCEEDING
[SEC. 2(1)(m)]
SECTION NOTES
2.13-1 Judicial Proceeding
“Judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath.
2.14 LOCAL JURISDICTION [SEC.
2(1)(n)]
SECTION NOTES
2.14-1 Local jurisdiction
“Local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under BNSS
S. 2
2.14-2 “Local area”
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify.
2.15 NON-COGNIZABLE OFFENCE
[SEC. 2(1)(o)]
SECTION NOTES
2.15-1 Non-cognizable Offence
Section 2(1)(o) defines the terms “non-cognizable offence” and “non-cognizable case”
“Non-cognizable offence” means an offence for which a police officer has no authority to arrest without warrant.
Non-Cognizable case
“Non-cognizable case” means a case in which a police officer has no authority to arrest without warrant.
2.16
NOTIFICATION
[SEC. 2(1)(p)]
SECTION NOTES
2.16-1 Notification
“Notification” means a notification published in the Official Gazette.
2.17 OFFENCE
[SEC. 2(1)(q)]
SECTION NOTES
2.17-1 Offence
“Offence” means any act or omission made punishable by any law for the time being in force [Section 2(1)(o)]
The scope of the term “offence” under BNSS is not limited to offences covered under Bharatiya Nyaya Sanhita (BNS) only.
The criminal procedure under BNSS will apply to offences punishable under any law in force
2.17-2 The term “offence” includes act covered by section 20 of the Cattle Trespass Act, 1871
The term “offence” as defined under section 2(1)(o) includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871.
Thus, the term “offence” includes seizure of cattle of any person in contravention of the Cattle Trespass Act, 1871 as well as detention of seized cattle in contravention of that Act.
Thus the criminal procedure under BNSS will also apply to the seizure/detention of cattle in contravention of the Cattle Trespass Act, 1871
2.17.2-1 Section 20 of the Cattle Trespass Act, 1871
Section 20 of the Cattle Trespass Act, 1871 provides for making of compliant by any person whose cattle have been seized under that Act, or, having been so seized, have
been detained in contravention of that Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District.”
2.18 OFFICER IN CHARGE OF A POLICE STATION [SEC. 2(1)(r
)]
SECTION NOTES
2.18-1 Officer in Charge of a Police Station
“Officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present. [Section 2(1)(p)]
2.19
PLACE [SEC. 2(1)(s
)]
SECTION NOTES
2.19-1 Place
“Place” includes a house, building, tent, vehicle and vessel.
2.20
POLICE REPORT [SEC. 2(1)(t)]
SECTION NOTES
2.20-1 Police Report
“Police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193.
2.21
POLICE STATION [SEC. 2(1
)(u)]
SECTION NOTES
2.21-1 Police Station
“Police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf.
2.22 PUBLIC PROSECUTOR [SEC. 2(1)(v
)]
SECTION NOTES
2.22-1 Public Prosecutor
“Public Prosecutor” means any person appointed under section 18 of BNSS.
2.22-2 Any person acting under the directions of a Public Prosecutor
Any person acting under the directions of a Public Prosecutor is also “Public Prosecutor” as defined in the inclusive limb of definition under section 2(1)(v).
