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Law

The Bharatiya Nagarik Suraksha Sanhita, 2023

Ministry of Home Affairs

Published 25 August 2026

In short

The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46) replaced the 1973 Code of Criminal Procedure from 1 July 2024. It governs FIR registration, investigation, arrest, bail, trials and appeals. Zero FIR now has statutory force, rape investigations must complete in two months, charges must be framed within 60 days of the first hearing, and judgment within 45 days of trial closure.

Key facts

Year
2023
Act number
Act No. 46 of 2023
Administered by
Ministry of Home Affairs
In force from
1 July 2024
Replaces
The Code of Criminal Procedure, 1973

The Bharatiya Nagarik Suraksha Sanhita is the procedural half of India’s criminal law reform. It replaced the Code of Criminal Procedure, 1973 from 1 July 2024 and governs the entire journey of a criminal case: how a complaint becomes an FIR, how police investigate, how arrest and bail work, how trials run and how appeals are heard. Cases already pending on 1 July 2024 continue under the old Code.

For an ordinary complainant the most useful change is that Zero FIR now has statutory backing. A police station cannot turn you away because the offence happened in another jurisdiction; it must register the FIR and transfer it. Complaints can be filed electronically, a free copy of the FIR must be given to the informant, and the police must update the complainant on progress within ninety days.

The Sanhita builds in deadlines that the old Code lacked. Charges must be framed within sixty days of the first hearing, judgment must be delivered within forty five days of arguments closing, and rape investigations must finish in two months. Forensic examination of the crime scene becomes compulsory for offences carrying seven years or more, and search and seizure must be recorded on video.

Some provisions have drawn sustained criticism. Police custody can now be sought in instalments spread across the first forty or sixty days of remand rather than only in the opening fortnight, trial in absentia of absconders is allowed, and handcuffing is expressly permitted for a list of serious offences.

Key penalties

  • Zero FIR is given statutory force, so a First Information Report may be registered at any police station regardless of where the offence occurred
  • FIRs, statements and charge sheets may be filed electronically, and audio video recording of search and seizure is mandatory
  • Police must complete investigation in rape cases within two months and forensic teams must visit the scene for offences punishable with seven years or more
  • Courts must frame charges within sixty days of the first hearing and pronounce judgment within forty five days of the end of trial
  • Trial in absentia of a proclaimed absconder is permitted, and handcuffing is expressly allowed for specified serious offences
  • Police custody of up to fifteen days may be sought in parts during the first forty or sixty days of the remand period rather than only at the start

Frequently asked questions

What is the Bharatiya Nagarik Suraksha Sanhita 2023?

It is the new procedural law for criminal cases that replaced the Code of Criminal Procedure, 1973 from 1 July 2024. It governs how complaints become FIRs, police investigation, arrest, bail, trials and appeals. Cases pending on 1 July 2024 continue under the old Code.

What is Zero FIR under the new law?

Zero FIR now has statutory backing. Any police station must register an FIR regardless of where the offence occurred, even outside its jurisdiction. The station must register and transfer the case. You get a free copy and progress updates within ninety days.

What are the new deadlines in criminal cases?

Rape investigations must finish within two months. Charges must be framed within sixty days of the first hearing. Judgment must be pronounced within forty five days after the trial ends. These deadlines were absent in the old Code.

Is forensic examination mandatory?

Yes, forensic examination of the crime scene is compulsory for all offences punishable with seven years imprisonment or more. Audio video recording of search and seizure is now mandatory for all cases.

Can police seek custody in instalments?

Yes, police custody can now be sought in parts spread across the first forty or sixty days of remand, rather than only in the opening fortnight. This allows intermittent custody rather than continuous remand.

Is trial in absentia allowed?

Yes, trial in absentia of a proclaimed absconder is now permitted under the Sanhita. Handcuffing is expressly allowed for specified serious offences during investigation and trial.

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