Understanding India’s Substantive and Procedural Legal Framework
Indian law operates through a clear division between substantive law and procedural law. To understand how offences are defined, prosecuted, and adjudicated, it is essential to distinguish between the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Code of Civil Procedure (CPC).
These statutes do not overlap in function. Each governs a distinct legal domain, and confusing them reflects a fundamental misunderstanding of legal structure.
Bharatiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya Sanhita, 2023 is India’s substantive criminal law. It has replaced the Indian Penal Code, 1860.
The BNS defines:
- What constitutes a criminal offence
- The ingredients of crimes
- The nature and extent of punishment
In simple terms, BNS answers the question:
“What is a crime and what is the punishment for it?”
It does not deal with arrest, investigation, trial procedure, or evidence. It only defines offences such as murder, theft, cheating, sexual offences, offences against the State, and corresponding punishments.
Without BNS, there is no crime in law.
Also Read- Compoundable vs Non-Compoundable Offences
Bharatiya Nagarik Suraksha Sanhita (BNSS)
The Bharatiya Nagarik Suraksha Sanhita, 2023 is procedural criminal law. It has replaced the Code of Criminal Procedure, 1973.
BNSS governs:
- Registration of FIR
- Arrest and detention
- Investigation by police
- Bail provisions
- Trial process
- Compounding and quashing
- Execution of sentences
BNSS answers the question:
“How is a criminal case initiated, investigated, and tried?”
It does not define crimes or punishments. It only provides the mechanism to enforce BNS.
No procedure = no enforcement.
Code of Civil Procedure (CPC)
The Code of Civil Procedure, 1908 governs civil litigation, not criminal law.
CPC applies to disputes involving:
- Property
- Contracts
- Money recovery
- Injunctions
- Family and commercial disputes (civil nature)
CPC regulates:
- Filing of civil suits
- Jurisdiction of courts
- Pleadings
- Framing of issues
- Evidence in civil cases
- Judgments and decrees
- Execution of decrees
CPC answers the question:
“How are civil rights enforced through courts?”
It has no role in defining crimes or conducting criminal trials.
Core Differences Between BNS, BNSS and CPC
BNS is substantive criminal law that defines offences and punishments. BNSS is procedural criminal law that lays down the process for investigation and trial of criminal offences. CPC is procedural civil law that governs civil disputes and enforcement of private rights.
BNS creates criminal liability.
BNSS enforces criminal liability.
CPC enforces civil liability.
Also Read- The Hierarchy of Courts in India: From Trial Courts to Supreme Court
Nature of Proceedings
Proceedings under BNS and BNSS are criminal in nature, where the State prosecutes the accused, and punishment may include imprisonment or fine.
Proceedings under CPC are civil in nature, where private parties seek enforcement of rights or remedies such as damages, injunctions, or declarations.
Objective of Each Law
The objective of BNS is punishment and deterrence.
The objective of BNSS is fair and lawful criminal procedure.
The objective of CPC is resolution of civil disputes and enforcement of rights.
Each statute serves a different purpose and operates independently.
Common Confusions (And Why They’re Wrong)
BNS does not provide procedure.
BNSS does not define offences.
CPC does not apply to criminal cases.
Using CPC concepts in criminal matters or treating BNSS as a penal law is a basic legal error.
BNS, BNSS, and CPC together form the backbone of India’s legal system, but they operate in clearly demarcated spheres.
BNS defines crimes.
BNSS governs criminal procedure.
CPC regulates civil litigation.
Understanding this distinction is non-negotiable for law students, litigators, and anyone claiming basic legal competence.
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