Criminal Procedure Code / BNSS and Evidence Act / BSA
Scope
This section covers the criminal process from complaint and FIR to charge, bail, trial and appeal, plus the law of evidence. The BNSS 2023 and BSA 2023 have replaced the CrPC and Evidence Act, so candidates must know both the new provisions and the continuing principles.
Core rules
- BNSS: zero FIR, preliminary enquiry for offences punishable with 3-7 years, time-bound investigation, mandatory video recording of searches and seizures, and trial in absentia for proclaimed offenders.
- Bail: bail is the rule and jail the exception in bailable offences; in non-bailable offences the court exercises discretion guided by the nature of the offence and flight risk.
- Evidence: relevance, admissibility, burden of proof, dying declaration, expert opinion and electronic records.
- Electronic evidence must be authenticated; the BSA requires a certificate for electronic records, replacing the old section 65B route in substance.
- Confession to a police officer is inadmissible, except so much as leads to discovery of a fact.
Worked example
The prosecution relies on a WhatsApp chat recovered from the accused's phone. The chat is relevant, but it must be proved as an electronic record with a certificate identifying the device, hash value and source. Without that authentication, the court should not act on the printout alone.
Traps
An FIR is not substantive evidence; it can corroborate or contradict. A retracted confession can be relied on only with corroboration. Do not treat a charge-sheet as proof of guilt. Check whether the new BNSS timelines have been complied with, and do not cite repealed CrPC sections without the corresponding BNSS provision.