BNSS 2024: New Criminal Procedure Code in Kolkata Courts

From 1 July 2024, every criminal case filed in Kolkata and across West Bengal is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973 (CrPC). Whether your matter is listed at the Bankshall Court (City Sessions), Sealdah, Alipore, Barrackpore, Bidhannagar, or before the Calcutta High Court, the procedural rules for FIR, arrest, bail, charge, trial, and appeal have changed. This guide by FileX Advocates & Legal Consultants, Kolkata explains the BNSS in plain language and what it means for accused persons, victims, and witnesses in West Bengal.

What Is the BNSS and Why It Replaced the CrPC

The BNSS is one of three new criminal laws that took effect together — the Bharatiya Nyaya Sanhita, 2023 (BNS) (substantive offences, replacing the IPC), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (procedure, replacing the CrPC), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) (evidence, replacing the Indian Evidence Act). The BNSS has 531 sections across 35 chapters, against the 484 sections of the CrPC.

The single most important transitional rule is this: cases pending before 1 July 2024 continue under the CrPC as if the BNSS had not come into force (Section 531(2)(a) BNSS). Cases registered on or after that date follow the BNSS. So an FIR lodged in Kolkata in 2025 uses BNSS procedure, while an old case from 2019 still runs on CrPC procedure.

Key Procedural Changes Every Kolkata Litigant Must Know

1. Registration of FIR (Section 173 BNSS)

• Information about a cognizable offence must be recorded as an FIR, and now e-FIRs through electronic communication are recognised. An FIR sent by email or online portal must be taken on record once signed by the informant within three days.
• For offences punishable with 3 years or more but less than 7 years, the officer-in-charge may, with the prior permission of a Deputy Superintendent of Police (DSP), conduct a preliminary inquiry within 14 days to check whether a prima facie case exists.
• The daily case diary must now be forwarded to the Magistrate within a fortnight (15 days).
• If the Superintendent of Police does not act on a complaint, the informant can apply directly to the Magistrate to register the FIR.

2. Arrest Without Warrant (Section 35 BNSS)

Section 35 consolidates old CrPC Sections 41 and 41A. The headline change for West Bengal:

• No automatic arrest for offences punishable with less than 3 years imprisonment. Police must record reasons in writing before arresting.
• For infirm persons or those above 60 years, arrest in such cases needs prior permission of an officer not below DSP rank.
• A notice of appearance (formerly 41A CrPC, now Section 35(3) BNSS) is the rule for offences up to 7 years — the accused is summoned rather than arrested.
• Arrest by a private person must hand over the arrested person to police within six hours.
• The relative of the arrested person must be intimated within 12 hours, and the arrest must be displayed on the police station display board and online.

3. Police Custody and Judicial Remand (Section 187 BNSS)

Section 187 replaces CrPC Section 167. The biggest shift:

• Police custody can be authorised for 15 days, in whole or in parts, spread across the initial 40 days (offences punishable up to 10 years) or 60 days (offences with death, life, or 10+ years), out of the overall 60/90-day custody ceiling.
• On expiry of 90 days (death/life/10+ years offences) or 60 days (other offences), the accused gets an indefeasible right to default/statutory bail if ready to furnish bail — even if the chargesheet is filed later.
• Investigation of sexual offences (BNS Sections 64-68, 70, 71) and POCSO offences must be completed within two months from recording of information.

4. Forensic Investigation Now Mandatory (Section 176 BNSS)

For offences punishable with 7 years or more, forensic experts must visit the crime scene to collect evidence and record the process on a mobile phone or electronic device. Where West Bengal lacks forensic facilities, the investigation must use facilities in another state. This is a major change for serious cases at the Kolkata Sessions courts.

5. Bail and Anticipatory Bail (Sections 479 and 482 BNSS)

• Anticipatory bail is now under Section 482 BNSS (formerly Section 438 CrPC), filed before the Sessions Court or Calcutta High Court. The old factors listed in Section 438(1) have been omitted, leaving more discretion to the court.
• An undertrial who has served half the maximum sentence must be released on personal bond; first-time offenders get this after one-third. But this mandatory bail is denied for offences punishable with life imprisonment and for persons facing proceedings in more than one offence or multiple cases — a major restriction given that chargesheets typically list many sections.
• Bail in bailable offences remains a right (Section 479); bail in non-bailable offences is at the court's discretion (Section 480).

6. Trial Timelines (Sections 251, 258, 346, 392 BNSS)

• Framing of charges in a Sessions trial must be done within 60 days from the first hearing on charge (Section 251(1)(b)).
• Discharge application in warrant cases must be decided within 60 days from supply of documents.
• Judgment in a Sessions trial must be pronounced within 30 days of completion of arguments, extendable to 45 days for recorded reasons (Section 258(1)). For every trial in original jurisdiction, judgment must be pronounced within 45 days of termination of trial (Section 392), and uploaded to the court portal within 7 days.
• Trial of listed sexual offences must conclude within two months from filing of chargesheet.
• Maximum two adjournments per witness, with reasons recorded in writing.
• Summary trial now covers offences up to 3 years (up from 2 years under CrPC).

7. Trial in Absentia (Section 356 BNSS)

For the first time, a proclaimed offender who absconds to evade trial can be tried and convicted in absentia, with judgment delivered as if the accused were present. The absconder cannot appeal unless he surrenders, and no appeal against conviction lies after three years from judgment.

8. Committal to Sessions and Document Supply

• Committal to the Sessions Court must happen within 90 days of cognizance, extendable to 180 days.
• Copies of documents must be supplied to the accused within 14 days (Section 230 BNSS).
• The victim must be informed of investigation progress within 90 days, including by electronic means.

What Remains the Same in Kolkata Courts

• The 24-hour production rule before a Magistrate (now Section 58 BNSS) and the constitutional safeguard under Article 22 are intact.
• Bail is still the rule and incarceration the exception, as held by the Supreme Court.
• The Calcutta High Court's inherent powers of quashing continue under Section 528 BNSS (formerly Section 482 CrPC).
• West Bengal's correctional homes (Presidency Correctional Home, Alipore; Dum Dum Central Correctional Home) remain the detention centres, and remand extensions are recorded before the Chief Judicial Magistrate or Chief Metropolitan Magistrate, Kolkata.

Practical Impact on Criminal Cases in West Bengal

For accused persons in Kolkata, the BNSS means fewer automatic arrests in minor cases but longer exposure to police custody spread over weeks in serious cases. For victims, it means stricter timelines and mandatory forensic evidence in heinous offences. For lawyers, the new section numbering requires fresh drafting of bail applications, quashing petitions, and trial briefs.

Common scenarios where the BNSS matters in West Bengal:

• Anticipatory bail in 498A/85 BNS matrimonial cruelty cases — now filed under Section 482 BNSS in the Calcutta High Court or City Sessions Court.
• Default bail in NDPS and PMLA-style cases — the 60/90-day rule and the "multiple offences" bar must be examined carefully.
• Quashing of false FIRs under Section 528 BNSS before the Calcutta High Court.
• Sexual offence trials — must close within two months of chargesheet, with day-to-day hearings.

How FileX Advocates Helps With BNSS Cases in Kolkata

Our criminal defence and litigation team at FileX Advocates & Legal Consultants, 14 Hare Street, Kolkata - 700001 handles:

• FIR registration, anticipatory and regular bail applications under BNSS Sections 480, 482.
• Quashing petitions before the Calcutta High Court under Section 528 BNSS.
• Defence in Sessions trials, default bail, and discharge applications within the new 60-day window.
• Victim-side representation and trial monitoring in heinous offence cases.

Frequently Asked Questions

Need help with a criminal case under the BNSS in Kolkata? The new procedure is strict on timelines and bail rules — early legal advice can protect your liberty. Contact FileX Advocates or message us directly on WhatsApp for a confidential consultation on bail, FIR quashing, or trial defence in West Bengal courts.