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About UsChapter III of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 defines the legal boundaries of what courts can do—which crimes they can hear and what punishments they can award. This chapter corresponds to Sections 26 to 35 of the old Code of Criminal Procedure (CrPC), 1973.
The transition to BNSS has brought high-impact changes aimed at modernizing the penal system. By introducing reformative punishments like community service, increasing fine limits to match the 2026 economic reality, and streamlining the judicial hierarchy, the BNSS ensures a more optimized and best visible delivery of justice.
Comparative Mapping: Chapter III Hierarchy
| CrPC Section | BNSS Section | Subject | Key Change in BNSS |
| 26 | 21 | Courts Triable | Adds BNS Section 69 (deceitful intercourse) to cases tried by women judges. |
| 27 | — | Juvenile Jurisdiction | DELETED (Now exclusively under the JJ Act, 2015). |
| 28 | 22 | Sentences (HC/Sessions) | Assistant Sessions Judge post abolished. |
| 29 | 23 | Sentences (Magistrates) | Community Service added; Fine for JMFC raised to ₹50,000. |
| 30 | 24 | Default of Fine | Maintains the 1/4th rule for default imprisonment. |
| 31 | 25 | Several Offences | Max aggregate imprisonment raised from 14 to 20 years. |
| 32 | 26 | Conferring Powers | Maintains formal order and communication requirements. |
| 33 | 27 | Officers Appointed | Automatic continuity of powers on transfer/promotion. |
| 34 | 28 | Withdrawal of Powers | HC/State/CJM/DM can revoke conferred authority. |
| 35 | 29 | Successors-in-office | Ensures trials continue seamlessly under a new judge. |
Top-Tier Reforms in BNSS Chapter III
1. The Dawn of Reformative Justice (Section 23)
The inclusion of Community Service as a statutory punishment is a proven shift away from purely retributive jail time for petty offences. It allows Magistrates to order unpaid work that benefits the public, such as cleaning public spaces or assisting in social care, making the reformative process visible to society.
2. Enhanced Deterrence for Multiple Crimes (Section 25)
Under the old CrPC, a criminal convicted of multiple serious offences at one trial was often “capped” at 14 years of total imprisonment. The BNSS recognizes the high gravity of such cases and has extended this limit to 20 years. This ensures that serial offenders receive a sentence that is truly proportionate to the sum of their crimes.
3. Streamlining the Judiciary (Section 22 & 23)
The BNSS has optimized the court structure by:
- Abolishing Assistant Sessions Judges: Removing an intermediate layer that often complicated jurisdictional boundaries.
- Removing Metropolitan Distinctions: Every district now follows the same CJM/JM hierarchy, ensuring that a “Nagarik” (citizen) gets the same legal treatment regardless of the city’s size.
Judicial Perspective & 2026 Case Law
The implementation of these sections has already been tested in the courts. A prime example is the ongoing application of the Nitesh Rastogi v. State of U.P. (2026) principles.
- Administrative vs. Judicial: The courts have consistently ruled that while Chapter III provides a best-fit administrative hierarchy, it does not allow superior officers (like a CJM) to interfere with the independent judicial discretion of subordinate magistrates.
- Merit-Based Continuity: Recent rulings on Section 29 emphasize that a “successor-in-office” must provide a proven rationale if they choose to deviate from the procedural path set by their predecessor, ensuring that transitions remain fair and transparent.
