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Criminal Law

Comparison of Definitions under CrPC and BNSS

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 26-Nov-2024

Introduction 

  • Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) represents a significant departure from the Code of Criminal Procedure, 1973 (CrPC) in terms of definition provisions. 
  • The new act (BNSS) demonstrates a more contemporary and comprehensive approach to legal definitions. 
  • Technological and societal changes are more prominently reflected in BNSS definitions 
  • Chapter I of BNSS states the definition clauses. 
  • Comparative Analysis of BNSS and CrPC Definition Clauses 
  • Here, is a comparative analysis of the definitions used under the Sanhita with the definitions used under the code as:

BNSS Section 

Definition 

CrPC Section 

Comparison Summary 

2(1)(a) 

"Audio-video electronic means" 

Newly added in BNSS to address advancements in technology, enabling evidence or processes via digital means. 

2(1)(b) 

"Bail" 

Newly added in BNSS to specifically define "bail," ensuring clarity in interpretation. 

2(1)(c) 

"Bailable offence" 

2(a) 

No changes were made to the CrPC definition. 

2(1)(d) 

"Bail bond" 

Newly added in BNSS, aligning with the broader inclusion of "bail bond" provisions across sections. 

2(1)(e) 

"Bond" 

Newly added in BNSS for clarity on agreements enforceable under law, distinct from "bail bond." 

2(1)(f) 

"Charge" 

2(b) 

No changes were made. The definition remains the same as in CrPC. 

2(1)(g) 

"Cognizable offence" 

2(c) 

No changes were made to the CrPC definition. 

2(1)(h) 

"Complaint" 

2(d) 

Minimal changes: the term "Code" replaced by "Sanhita," consistent throughout BNSS. 

2(1)(i) 

"Electronic communication" 

Newly added in BNSS to account for modern forms of communication, covering emails, messaging apps, and other digital tools. 

2(1)(j) 

"High Court" 

2(e) 

No changes were made to the CrPC definition. 

2(1)(k) 

"Inquiry" 

2(g) 

No changes were made to the CrPC definition. 

2(1)(l) 

"Investigation" 

2(h) 

Minor change: the term "Code" was replaced by "Sanhita." Added explanation that provisions of Special Acts take precedence over the Sanhita in case of conflicts. 

2(1)(m) 

"Judicial proceeding" 

2(i) 

No changes were made to the CrPC definition. 

2(1)(n) 

"Local jurisdiction" 

2(j) 

No changes were made to the CrPC definition. 

2(1)(o) 

"Non-cognizable offence" 

2(l) 

No changes were made to the CrPC definition. 

2(1)(p) 

"Notification" 

2(m) 

No changes were made to the CrPC definition. 

2(1)(q) 

"Offence" 

2(n) 

No changes were made to the CrPC definition. 

2(1)(r) 

"Officer in charge of a police station" 

2(o) 

No changes were made to the CrPC definition. 

2(1)(s) 

"Place" 

2(p) 

No changes were made to the CrPC definition. 

2(1)(t) 

"Police report" 

2(r) 

No changes were made to the CrPC definition. 

2(1)(u) 

"Police station" 

2(s) 

No changes were made to the CrPC definition. 

2(1)(v) 

"Public Prosecutor" 

2(u) 

No changes were made to the CrPC definition. 

2(1)(w) 

"Subdivision" 

2(v) 

No changes were made to the CrPC definition. 

2(1)(x) 

"Summons-case" 

2(w) 

No changes were made to the CrPC definition. 

2(1)(y) 

"Victim" 

2(wa) 

Revised definition in BNSS: expressions like "for which accused person has been charged" were replaced by "of the accused person," refining its scope. 

2(1)(z) 

"Warrant-case" 

2(x) 

No changes were made to the CrPC definition. 

2(2) 

Words and expressions 

2(y) 

Broader applicability in BNSS: Undefined terms refer to Bharatiya Nyaya Sanhita, 2023, or Information Technology Act, 2000. 

Conclusion 

The BNSS fundamentally transforms legal definitions from the traditional CrPC framework, introducing a more contemporary, technologically aligned, and socially responsive approach to criminal jurisprudence. Unlike the CrPC's procedural rigidity, BNSS offers a progressive, adaptive, and inclusive legal terminology that reflects modern societal complexities and technological advancements.