Bharatiya Nagarik Suraksha Sanhita, 2023
Section 530 BNSS: Trial and Proceedings to Be Held in Electronic Mode
Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits criminal trials, inquiries and other proceedings under the BNSS to be conducted in electronic mode through electronic communication or audio-video electronic means. The provision expressly covers summons and warrants, examination of complainants and witnesses, recording of evidence, appellate proceedings and other proceedings under the Sanhita.
Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule.
Text of Section 530 BNSS
530. Trial and proceedings to be held in electronic mode.
All trials, inquires and proceedings under this Sanhita, including:
- issuance, service and execution of summons and warrant;
- examination of complainant and witnesses;
- recording of evidence in inquiries and trials; and
- all appellate proceedings or any other proceeding,
may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
Meaning of “audio-video electronic” under BNSS
Section 2(1)(a) of the BNSS defines “audio-video electronic” broadly. It includes the use of a communication device for video conferencing, recording processes of identification, search and seizure or evidence, transmission of electronic communication, and such other purposes or means as may be provided by State Government rules.
What Section 530 covers
| Area | Electronic mode contemplated by Section 530 |
|---|---|
| Summons and warrants | Issuance, service and execution may form part of electronic proceedings where legally and procedurally permissible. |
| Complainants and witnesses | Examination may be undertaken using electronic communication or audio-video electronic means. |
| Evidence | Evidence in inquiries and trials may be recorded electronically, subject to applicable procedural safeguards and rules. |
| Appeals and other proceedings | Appellate proceedings and other proceedings under the BNSS may also be conducted in electronic mode. |
Legal effect of Section 530
Section 530 creates an express statutory basis for the use of electronic and audio-video modes across criminal procedure. The word “may” is important: the section enables electronic conduct of proceedings, but it does not by itself mean that every criminal proceeding must be conducted electronically in every case.
The manner in which electronic proceedings are actually conducted can also depend on other provisions of the BNSS, applicable rules, High Court practice directions, video-conferencing rules, court infrastructure and judicial orders governing the particular proceeding.
Procedural safeguards remain relevant
- Identity and participation of the concerned person should be capable of reliable verification.
- The accused must receive the procedural protections applicable to the stage of the criminal proceeding.
- Recording of evidence through electronic means should comply with applicable evidentiary and procedural requirements.
- Where High Court or court-specific video-conferencing rules apply, those rules should be followed in addition to Section 530.
Why Section 530 is significant
Section 530 reflects the BNSS framework for technology-enabled criminal justice. By expressly recognizing electronic communication and audio-video electronic means, the provision supports remote participation and digital handling of procedural steps that were traditionally conducted only through physical processes.
The provision should be read with the BNSS definition of audio-video electronic means and with any rules or judicial directions applicable to the relevant court or State. It is therefore both an enabling provision and part of a wider procedural framework for digital criminal proceedings.
Practical note: Section 530 should not be read in isolation as overriding every requirement of physical presence or every procedural safeguard. Whether a particular step may be taken electronically can depend on the stage of the case and the governing court rules or judicial directions.
Official legal sources
For the authoritative statutory text and commencement notification, refer to the official Government sources linked in the right-hand resources panel.
Last reviewed: 12 September 2026.