A COMPARATIVE ANALYSIS OF THE CrPC 1973 AND THE BNSS 2023 FOR MODERNIZING CRIMINAL PROCEDURE IN INDIA

AUTHOR – ANSARI SOBIYA PARVEEN, STUDENT AT SLRTCL (MUMBAI UNIVERSITY)

BEST CITATION – ANSARI SOBIYA PARVEEN, A COMPARATIVE ANALYSIS OF THE CrPC 1973 AND THE BNSS 2023 FOR MODERNIZING CRIMINAL PROCEDURE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 841-846, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

India’s criminal justice system saw major procedural changes when the 1973 Code of Criminal Procedure (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).  Faster investigation and trial, increased victim protection, and increased use of technology are the goals of the new law.  Important clauses include E-FIR (Section 173), stricter deadlines for charge sheet filing and judgment rendering (Sections 193, 258, 262), provisions for extended custody (Section 187), the acceptance of digital evidence (Sections 176, 356, 530), and the use of community service as a form of punishment (Section 23). For offenses against women and children, a distinct chapter has been included (Sections 280–303), which calls for expedited trials and considerate treatment of victims.  This study compares the BNSS and the CrPC, emphasizing their advantages, disadvantages, and potential implementation issues.  It offers recommendations for guaranteeing an equitable and efficient justice system while also looking more closely at the reforms’ constitutional and judicial background.

KEYWORDS

BNSS, CrPC, Criminal Procedure, Speedy Trial, Victim Rights, E-FIR, Digital Evidence, Custody, Community Service, Criminal Justice Reform.