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Criminal Law
Comparison of Definitions under CrPC and BNSS
«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.