Following flow chart shows key changes as incorporated in BNSS, 2023 in contrary to Cr. P.C. 1973.-
Topic |
Particular |
| Community Service |
Punishment of community service has been incorporated in the BNSS, 2023. A Magistrate of First or Second Class has been specifically empowered to impose such punishment; in order to encourage a more reparative approach to minor crimes. [Vide Section 23(3)] |
| Handcuffing |
Police officers are empowered to use handcuffs in the arrest of a habitual offender or an offender who has previously escaped from custody or who has committed specified offences, including offences against the state. The power of police to use handcuffs has been expanded beyond the time of arrest to include stage of production before court as well. [Vide section 43(3)] |
| Immunity to Police
Personnel |
Police officers and military personnel cannot be prosecuted without sanction from the Government for their acts in dispersing an unlawful assembly. Thus in situations of riots, such personnel are immune from accountability for excessive use of force or executive violence. [Vide Section 151] |
| Detention by Police |
Section 172, BNSS, 2023, allows the police to detain person who do not conform to any direction issued by police while trying to prevent the commission of a cognizable offence. The detained person must be produced before the Magistrate or released in petty cases within 24 hours. [Vide Section 172] |
| Police Report |
Information relating to the sequence of custody in case of electronic device must also be produced. Maintaining the sequence of custody of such evidence, including when it was stored in malkhana or taken out, is important to prevent tampering, especially in light of wide inclusion of audio-video recording during investigation. [Vide Section 193] |
| Proceedings via
Audio-Visual Means |
Section 530, BNSS, provides for various proceedings to be conducted in the audio-visual means. The specific sub-sections of some sections of BNSS, 2023, allows the reading out of charge to the accused, hearing on discharge, examination of witnesses, and recording of evidence in audio-visual means have been introduced, in section 251, 262, 266 and 308, BNSS, 2023. [Vide Section 530] |
| Judgment |
Judgment must be pronounced in a period of thirty days from the conclusion of hearing in a case, and if required, the period may be extended to 45 days. Such additional time can be availed only if reasons are provided in writing by the judge. [Vide Section 158] |
| Evidence of public
Servants |
No public servant, scientific expert, or medical officer shall be called to appear before the court unless the report such public servant, scientific expert or medical officer is disputed by any of the parties of trial or other proceedings. [Vide Section 336] |
| Unsoundness of Mind |
Term ‘intellectual disability’ along with unsoundness of mind has been used in section 367, while dealing with competence to stand trial in case of accused being person of unsound mind. [Vide Section 367] |
| Commutation of Sentences |
Appropriate Government may without the consent of the person sentenced have power to commute sentence. [Vide Section 374] |
| Bail for Non-bailable
offences |
Trial of a person accused of any non-bailable offence is not concluded within a period of 60 days from the first date fixed for taking evidence, such person shall, if he is in custody during the whole of the said period be released on bail. [Vide Section 480(6)] |
