From CRPC to BNSS: Procedural Reforms & Their Impact on Indian Criminal Justice System

The School of Law organized an expert guest lecture delivered by Kauser Husain, Advocate at the Supreme Court of India, on the transition from the Code of Criminal Procedure, 1973 to the Bharatiya Nagarik Suraksha Sanhita, 2023. The session aimed to provide students with a structured and practice-oriented understanding of the procedural shifts introduced under the BNSS, particularly in relation to FIR registration, investigation, and procedural safeguards.

Adv. Husain focused extensively on the law governing First Information Reports (FIRs). He began by revisiting Section 154 of the CrPC, 1973, which mandates registration of an FIR in cognizable offences, and explained how this framework is retained and streamlined under the corresponding provision in the BNSS. The discussion emphasized the Supreme Court’s landmark ruling in Lalita Kumari v. Government of Uttar Pradesh, which made registration of FIR mandatory in cognizable offences and limited the scope of preliminary inquiry. Adv. Husain analyzed how this judicial mandate continues to guide police functioning under the BNSS regime.

He further discussed the concept of Zero FIR, developed through judicial practice, allowing registration of an FIR irrespective of territorial jurisdiction, subject to subsequent transfer. In this context, he referred to State of Haryana v. Bhajan Lal, highlighting the illustrative categories where quashing of FIR may be justified under inherent jurisdiction, thereby demonstrating judicial checks on misuse of criminal process.

Moving to investigation, Adv. Husain examined Section 156 of the CrPC, which empowers police officers to investigate cognizable offences without prior court approval, and its structural continuation under the BNSS framework. He also referred to Section 167 of the CrPC dealing with remand and default bail, explaining how timelines and custody provisions are reorganized under the BNSS to ensure time-bound investigation while attempting to balance personal liberty with effective prosecution.

The session also addressed recording of statements under Section 161 CrPC and evidentiary considerations relating to Section 164 CrPC (judicial confessions and statements), with discussion on how the BNSS promotes audio-video recording of statements to enhance evidentiary reliability and transparency. In examining arrest during investigation, he referenced Arnesh Kumar v. State of Bihar, which laid down safeguards against automatic arrest in offences punishable up to seven years, reinforcing constitutional protections under Articles 21 and 22.

Adv. Husain critically evaluated whether the procedural restructuring under the BNSS genuinely reduces delays in investigation and trial or merely reorganizes existing provisions. He highlighted statutory timelines for filing of charge sheets and emphasized the practical challenges of infrastructure, digital readiness, and investigative capacity.

The interactive discussion that followed enabled students to engage deeply with issues concerning mandatory FIR registration, scope of preliminary inquiry, police discretion, default bail, and judicial oversight. By integrating statutory provisions with leading Supreme Court precedents and courtroom experience, the lecture bridged doctrinal study with litigation practice.

Overall, the session substantially enhanced students’ understanding of FIR registration, investigation procedure, and constitutional safeguards within the evolving framework of Indian criminal procedure, while fostering critical engagement with contemporary reforms.