Why Replace CrPC?

1.1 Legacy of CrPC 1973

The Code of Criminal Procedure 1973 itself replaced the CrPC 1898 (colonial-era). While the 1973 code was a significant improvement, it carried structural problems over 50 years:

• No specific time-limits for investigation and trial — leading to 40-50 million pending cases in Indian courts
• No mandatory forensic examination — crime scene evidence often contaminated
• No provision for electronic FIR — only written complaints to police
• Undertrial prisoners could spend years in custody without bail for relatively minor offences
• No specific victim rights provisions — victims were treated as mere witnesses
• No procedure for absconding accused trials — could paralyse prosecution indefinitely
• Handcuffing not regulated — used routinely causing dignity violations

1.2 BNSS as Modernisation

The Bharatiya Nagrik Suraksha Sanhita 2023 aims to transform criminal procedure from a colonial-police-centric model to a citizen-centric model, emphasising:

• Speed: Mandatory timelines at each stage
• Technology: E-FIR, video-conferencing, electronic evidence
• Accountability: Recorded searches, forensic documentation
• Rights: Victim representation, bail reforms, handcuffing rules
• Completeness: Trial in absentia to prevent fugitive accused from stalling justice

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