138. Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS) — Definitions & Key Sections — Full Notes

CORE Key Points at a Glance

1. 1

   The Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS) replaced the Code of Criminal Procedure 1973 (CrPC) with effect from 1 July 2024; it has 531 sections (CrPC had 484 sections) — unlike BNS which consolidated, BNSS actually expanded the procedural law to add new provisions.

2. 2

   **Zero FIR ** is now mandatory under BNSS Section 173(3): police must register an FIR regardless of jurisdiction; they then transfer it to the jurisdictionally correct police station within 15 days — this was a Supreme Court directive (implemented in practice after Nirbhaya case) now specifically codified in S.173(3) (S.173(1) is the general FIR provision for oral/electronic information).

3. 3

   **Electronic FIR **: Under BNSS Section 173(1), a person can file an FIR online (electronically) for cognisable offences; the officer receiving it must read it back, get the informant's signature/electronic confirmation, and register it immediately — making police more accessible in digital India.

4. 4

   **Time-limit for trial **: BNSS introduces mandatory timelines — police must submit chargesheet within 60 days (from arrest) for serious offences; magistrate must frame charges within 60 days of chargesheet; sessions trial must conclude within 3 years of cognisance, with maximum 2 extensions only.

5. 5

   **Bail provisions **: BNSS introduces bail on a right basis for persons imprisoned for half of maximum sentence — under Section 479: an undertrial who has served half of maximum sentence (for non-capital offences) is entitled to bail as a right, not discretion.

6. 6

   **Trial in absentia **: BNSS introduces provisions for trials to proceed even when accused deliberately evades arrest and absents themselves — Section 356: declared "Proclaimed Offender" if absconding; after 90 days, trial can proceed in absentia; conviction in absentia is valid.

7. 7

   **Forensic investigation **: BNSS Section 176 makes forensic examination of crime scenes mandatory for offences punishable with 7+ years imprisonment — forensic expert must visit scene, collect evidence; audio-visual documentation of crime scene is now legally required (not just good practice).

8. 8

   **Victim rights **: BNSS significantly expands victim rights — Section 193(3): victim must be informed of investigation progress; Section 230: victim has right to be heard before discharge of accused; victim of rape/sexual assault has right to free medical treatment under Section 397.

9. 9

   **Handcuffing provisions **: Under BNSS Section 43(3), handcuffing is now explicitly regulated — permitted only for habitual or repeat offenders, persons charged with heinous offences, or where there is specific reason to believe the accused will escape; routine handcuffing is prohibited.

10. 10

    **Mandatory audio-video recording of search **: Under Section 185, search proceedings must be audio-video recorded on a mobile/electronic device; this recording must accompany the panchnama and chargesheet — intended to prevent planting of evidence and ensure accountability.

11. 11

    **Narco-analysis/Polygraph **: BNSS does not explicitly mandate narco-analysis but requires all forensic techniques to have prior judicial approval; the Supreme Court in Selvi v. State of Karnataka (2010) held forced narco/polygraph/brain mapping is unconstitutional — BNSS maintains this bar on forced techniques.

12. 12

    **Mercy petition time-limit **: Under BNSS Section 472, death row convicts must file mercy petitions within 30 days of confirmation of death sentence by the High Court (or Supreme Court if appealed); this is to prevent indefinite delay in execution — the Rajiv Gandhi assassination case mercy petition was pending for over a decade.