Criminal law in India deals with offences against society, where the State prosecutes the accused. The types of criminal suits are largely determined by procedure, nature of offence, and trial type.
1. Based on Cognizability
Aspect
CrPC (1973)
BNSS (2023)
Key Changes
Cognizable offences
Police can register FIR & investigate without prior approval of Magistrate (e.g., murder, rape, robbery).
Retained same. FIR now must be recorded digitally (Sec. 173 BNSS) with e-signature and copy given to victim.
Digital system of FIR recording, victim rights more explicit.
Non-Cognizable offences
Police requires Magistrate’s order to investigate (e.g., defamation, public nuisance).
Same provision retained. Complaint can be filed electronically (Sec. 175 BNSS).
Use of technology introduced.
2. Based on Bailability
Aspect
CrPC
BNSS
Key Changes
Bailable offences
Accused has a right to bail (e.g., simple hurt, public nuisance).
Same provision retained.
No major change.
Non-Bailable offences
Bail is discretionary and requires Court’s approval (e.g., murder, rape, dacoity).
Same concept continues, but victim given right to be heard before bail is granted in heinous offences (Sec. 479 BNSS).
Victim participation in bail hearings added.
3. Based on Compoundability
Aspect
CrPC
BNSS
Key Changes
Compoundable offences
Certain offences can be compromised between complainant & accused (e.g., adultery, criminal trespass, hurt).
Retained, but provisions shifted and simplified (Sec. 356–360 BNSS).
Streamlined list; minor adjustments.
Non-Compoundable offences
Serious crimes (e.g., murder, rape, terrorism) cannot be compromised.
Same.
No substantive change.
4. Based on Type of Trial
Trial Type
CrPC Provisions
BNSS Provisions
Changes
Sessions Trial (for serious offences like murder, rape, dacoity)
CrPC Sec. 225–237
BNSS Sec. 247–258
Largely unchanged; timelines for speedy trial added.
Warrant Trial (for offences punishable with imprisonment >2 yrs, but not sessions cases)
CrPC Sec. 238–250
BNSS Sec. 259–272
Digital documents admissible; examination timelines shortened.
Summary trial limit increased to offences punishable up to 3 years. Huge expansion of scope.
5. Special Suits (Complaints)
Type
CrPC
BNSS
Change
Private Complaint Cases
Any individual can file complaint directly before Magistrate (Sec. 200–203 CrPC).
Similar provisions (Sec. 214–216 BNSS).
Slight re-structuring, timelines added for Magistrate to take cognizance.
State Prosecution
Majority of cases filed by Police in name of State.
Same system continues.
Digital police records required.
6. Classification by Punishment
Type
CrPC
BNSS
Change
Capital offences (death penalty cases)
Sessions Court trial with HC confirmation (Sec. 366 CrPC).
Same (Sec. 385 BNSS).
Introduced videography of trial to ensure fairness.
Imprisonment offences
Depending on severity, Sessions/Warrant/Summons trial.
Same.
Digital-first approach.
Fine-only offences
Mostly summary/summons trials.
Same, but disposal time reduced.
Speedier mechanism.
7. Victim-Oriented Changes in BNSS
Victim has right to be heard at bail stage (Sec. 479 BNSS).
Victim entitled to free copy of FIR, chargesheet, judgement digitally.
Witness protection & video-recorded statements mandatory in sexual offence cases.
Key Takeaways
Substance same, procedure modernized: BNSS doesn’t radically alter types of criminal suits from CrPC, but digitizes processes and introduces strict timelines.
Summary trial widened: Petty offences up to 3 years punishment can now be disposed quickly.
Victim empowerment: Victim rights formally recognized in bail, trial, and access to case documents.
Technology integrated: E-FIR, e-summons, video trials, digital records are default.
So, in essence, types of criminal suits remain: Cognizable/Non-cognizable, Bailable/Non-bailable, Compoundable/Non-compoundable, and categorized by trial procedure. The BNSS (2023) mainly strengthens digital justice, timelines, and victim rights while carrying forward the CrPC framework.
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