Since quite early, the criminal dispensation system in India has been governed under the Code of Criminal Procedure, 1973, which provides for procedures of criminal trials, investigation, and the working of law enforcement agencies. However, with changing dynamics in society and newer kinds of challenges, it has become amply clear that a more modern, efficient, and responsive legal framework is now needed. The BNSS is such a claim, a proven new legislative effort under which the CrPC will be returned with many changes and reforms so that it can adapt to contemporary needs. In this respect, the article makes a comparative analysis of the main differences between BNSS and CrPC. It brings out major changes and their implications.

1. Modernization and Simplification of Procedures

• CrPC: Although the CrPC is comprehensive, its procedures are sometimes complex and unwieldy and result in delay of justice. The language and structure of the CrPC continue to reflect the legal thought of the 1970s, which is very cumbersome for a common person, leaving trained lawyers also in somewhat trouble about how to effectively use it.
• BNSS: BNSS looks to modernize and simplify the procedural leg of criminal law, with clearer language used and procedural reorganization to be more user-friendly and less cumbersome. Designed to streamline the system, it will reduce delays in criminal trial processes and quicken resolutions, a key consideration in the fast-moving society.

2. Emphasis on Victim Rights and Restorative Justice

• CrPC: The CrPC primarily caters to prosecution and punishment of offenders, and relatively less to the rights and needs of the victims. Though the Code does include provisions for provisions on compensation and protection of the victims, they are found to be less adequate in most of the cases.
• BNSS: BNSS leans more in favor of victim rights; it provides for more vigorous mechanisms of compensating, protecting, and involving the victim in the course of justice. BNSS clearly demarcates in terms of the services provided in relation to the support of victims and promises a more active part in the trial process for the victims. There clearly is the turn towards restorative justice, very much the growing realization that to ensure punishment to the perpetrator is certainly not enough; the harm caused to the victim needs to be addressed.

3. Integrate Technology

• CrPC: The CrPC, being the brain child of its time, remains silent in provisions concerning crimes pertaining to electronic technology, including cybercrimes. Although attempts had been made and amendments effected to address certain concerns, the law has always trailed at a distance from the very fast pace with which technology has evolved.
• BNSS: The BNSS explicitly makes provisions for dealing with crimes involving modern technology, like cybercrimes, digital evidence, and electronic surveillance. It recognizes the fact that technology is at the center of the commission and investigation of crimes today. BNSS sets down these clear-cut guidelines for the presentation of digital evidence and other technological tools offered towards the resolution of criminal occurrences. This is quite significant a document for better law enforcement performance in the digital age.

4. Reinforcing Law Enforcement Accountability

• CrPC: Although the Code of Criminal Procedure stipulates powers and functions for the police, this law has received colossal public condemnation because it didn’t enact solid mechanisms through which accountability of the police will be ascertained. The recent happenings of police brutality, misuse of powers and corruption have propelled numerous demands to implement stiffer scrutiny.
• BNSS: BNSS is what makes the police force more accountable to law enforcement agencies. It encompasses more effective independent oversight and greater transparency in the operations of police, harder control of the dimension of the use of force, and of the practices for custody. Moreover, the BNSS strengthens redress mechanisms against police wrongdoing towards the objective of empowering public trust in the criminal justice system.

5. Arrest and Bail Procedures—Desirability of Change

• CrPC: The sections of CrPC on arrest and bail, have been considered highly rigid, and have led to the issue of over-crowding the prisons with under trial prisoners. The grounds for bail provided by this Code are rarely used uniformly, hence, a large number of accused persons end up serving a significantly longer period in detention before their trial.
• BNSS: BNSS makes the bail and arrest procedure more fair and effective. It brings more clarity on these circumstances that guide the making of arrest, vigorously requiring that any unnecessary detention should be avoided. BNSS also simplifies the bail stage and encourages more bailing for the minor and nonviolent offenses, and this should reduce the pressures on the prison system and better observe the principle of “innocent until proven guilty”.

6. Fast-Track Processing

• CrPC: CrPC provides for this again with its fast-track courts provision, but this has actually been a very well-limited execution, with mass cases still facing too much delay. Lawful obligations coming from the cradle of CrPC will contribute to the tardy dispensation of justice, specifically in cases of heinous crimes or large numbers of accused.
• BNSS: That the BNSS ensures that provisions on fast-track procedures will be in cases where the application will speedily serve the purpose of the case, such as serious offenses, crimes against women and children, and cases of significant public interest. By setting in law the fast-track procedures, the BNSS ensures that justice will be dispensed in cases where its application will quickly serve the purpose of the case, like serious offenses, crimes against women and children, and those of significant public interest to reduce the perennial problem of case congestion and expedite the delivery of adjudication services, which will enhance the efficiency of the criminal justice system.

7. Enhanced Protection for Vulnerable Groups

• CrPC: Although the CrPC has protected women, children, and other special groups of people, those have been referred to as inadequate in one way or the other. Implementation has been hit-and-miss, setting it up with a protection shortfall.
• BNSS: The BNSS broadens protection for the most vulnerable members of society and includes provisions that are more elaborate in the handling of women, children, and marginalized groups in the criminal justice system. It also has clear guidelines in handling cases of sexual crime, domestic violence, child crime, so the rights and dignity of the vulnerable are respected.

8. ADR Focus

• CrPC: The CrPC allows for little room in terms of the application of the ADR machinery in criminal matters. The focus still remains on the conventional procedure of trial in clear regards to the statute. Though some petty offenses are left to decision off the court, the outlook stays upon the process of trial and punishment.
• BNSS: Alternative dispute resolution mechanisms, such as mediation and conciliation, are made available under BNSS for appropriate criminal cases. It is noteworthy that through the encouragement of ADR, BNSS intends to reduce the burden on the courts, promote amicable settlements, and offer a more restorative approach toward justice, particularly where reconciliation may be possible and desirable.

Conclusion

Bharatiya Nagarik Suraksha Sanhita (BNSS) heralds a radical update of the CrPC, a drastic improvement over its many past criticisms and deficiencies: BNSS has simplified procedures, enlarged the rights of the victim, added the vast technological advance, and improved law-enforcement accountability to make the system more effective, fair, and responsive to the needs of victims and the community. With the operationalization of such new provisions, the delivery of justice in India is expected to be substantially improved and made more sensitive to the demands and challenges facing contemporary society.