The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Code of Criminal Procedure, 1973. It defines the procedure for investigations, arrests, trial, and the grant of bail.
The BNSS places strict timelines on judicial processes and police investigations. It formalizes digital notices, electronic registers, and streamlines undertrial release checks to prevent overcrowding in jails.
Equivalent to CrPC Section 437/439. Allows an accused already in custody to apply for release. Magistrate and Sessions judges evaluate the flight risk, gravity of offence, and trial stage to grant bail with or without sureties.
Equivalent to CrPC Section 438. Filed before a Sessions Court or Bombay High Court to request pre-arrest protection when false implication or arrest in non-bailable offences is feared.
Equivalent to CrPC Section 436A. Introduces a landmark reform: if a first-time offender (no prior conviction) completes one-third of the maximum prison sentence as an undertrial, they must be released on a personal bond without delay.