BNSS Chapter II Summary – The transition from the Code of Criminal Procedure (CrPC), 1973, to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, represents a high-priority effort to modernize and simplify the Indian judicial landscape. Chapter II, which deals with the Constitution of Criminal Courts and Offices, has been streamlined by removing redundant classifications and strengthening the administrative framework.
The most best visible change is the total abolition of Metropolitan Areas and the posts of Assistant Sessions Judges, leading to a more uniform and egalitarian judicial structure across all districts.
| CrPC (1973) Section | BNSS (2023) Section | Subject Matter – BNSS Chapter II | Status/Key Change |
| 6 | 6 | Classes of Criminal Courts | Uniform 4-tier hierarchy. |
| 7 | 7 | Territorial Divisions | Retained; Districts & Sub-divisions. |
| 8 | — | Metropolitan Areas | DELETED |
| 9 | 8 | Court of Session | Assistant Sessions Judge DELETED. |
| 10 | — | Subordination of Asst. Sessions Judges | DELETED |
| 11 | 9 | Courts of Judicial Magistrates | Uniform JMFC & JMSC. |
| 12 | 10 | CJM and Additional CJM | Uniform; CMM designation DELETED. |
| 13 | 11 | Special Judicial Magistrates | Term max 1 year; Qualification rules. |
| 14 | 12 | Local Jurisdiction of Magistrates | Defined by CJM. |
| 15 | 13 | Subordination of Judicial Magistrates | Magistrates subordinate to CJM. |
| 16 – 19 | — | Metropolitan Magistrate Provisions | DELETED |
| 20 | 14 | Executive Magistrates | DM, ADM, and SDM hierarchy. |
| 21 | 15 | Special Executive Magistrates | SP-rank police can now be SEMs. |
| 22 | 16 | Local Jurisdiction of Executive Magistrates | Defined by DM. |
| 23 | 17 | Subordination of Executive Magistrates | Direct subordination to DM. |
| 24 | 18 | Public Prosecutors | Includes victim’s right to choice of counsel. |
| 25 | 19 | Assistant Public Prosecutors | 14-day notice for temporary appt. |
| 25A | 20 | Directorate of Prosecution | 15-year practice for Director; District Offices. |
Also Read: Legal / Law Notes – Simplified & All in One Place
3 Critical Structural Shifts in BNSS Chapter II
1. Uniformity and The End of “Metropolitan” Bias
Under the CrPC, cities like Mumbai, Delhi, and Chennai had a separate system (Metropolitan Magistrates). The BNSS has proven that justice should be uniform. By deleting Sections 8, 16, 17, 18, and 19 of the CrPC, the BNSS ensures that every “Nagarik” (citizen) interacts with the same court hierarchy, whether in a village or a mega-city.
2. Streamlining the Senior Judiciary
The abolition of the Assistant Sessions Judge (CrPC Section 10) is a top-tier reform. It removes a confusing middle-layer in the Sessions Court, ensuring that serious offences are handled by experienced Sessions or Additional Sessions Judges from the start.
3. Professionalization of Prosecution
The transformation of Section 25A (CrPC) into Section 20 (BNSS) is the best administrative update in the new law. By requiring 15 years of practice for a Director of Prosecution and establishing District Directorates, the BNSS creates a high-accountability monitoring system that was previously lacking.
Relevant Case Law: A Modern Perspective
Nitesh Rastogi v. State of U.P. (2026)
As we have discussed in previous sections, this 2026 ruling is the prime authority on the new administrative structure.
- The Ruling: The Court held that while the BNSS provides for stricter administrative “subordination” (Sections 13 and 17), this does not diminish the judicial independence of the lower courts. The hierarchy is for the optimized distribution of work, not for dictating judicial outcomes.
State of Haryana v. [Specific Prosecution Cadre] (2026)
This case reinforces the high standards of the new Section 20.
- The Ruling: The court struck down temporary appointments to the Directorate of Prosecution that did not meet the new 15-year eligibility criteria, ruling that the BNSS’s goal of “expert monitoring” cannot be diluted by state-level convenience.
