The Code of Criminal Procedure, 1973 (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with effect from 1 July 2024. The BNSS runs to 531 sections, against the CrPC's 484 numbered sections (the CrPC also carried inserted lettered sections such as 41A-41D, 105A-105L and 265A-265L). Among other changes, the BNSS allows information about a cognizable offence to be given by electronic communication (section 173), requires search and seizure to be recorded through audio-video electronic means (section 105), provides for a forensic expert to visit the crime scene in offences punishable with seven years or more from a date the State Government notifies (section 176(3)), provides for trial and judgment in absentia of proclaimed offenders (section 356), and adds time limits at several procedural stages. Under BNSS section 531(2)(a), any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 is disposed of, continued, held or made under the CrPC as in force before that date; on a reading of section 531, matters instituted on or after 1 July 2024 follow the BNSS. See which law applies to an offence committed before 1 July 2024.
Key Statistics
Counts below are of rows in the mapping table on this page (one row per CrPC section, or per CrPC-section-to-BNSS-provision pairing), each checked against the Gazette text of the BNSS and the text of the CrPC on 24 September 2026. They are not a count of sections in either Act.
| Metric | Count |
|---|---|
| CrPC — highest section number | 484 (lettered sections inserted by amendment are additional) |
| BNSS — sections | 531 |
| Rows in the mapping table | 544 |
| Identical | 110 |
| Minor edit (drafting changes: "Code" to "Sanhita", "pleader" to "advocate", renumbered cross-references, wording) | 274 |
| Modified (substantive change, including new time limits and changed amounts) | 116 |
| Expanded | 20 |
| Narrowed | 1 |
| Merged | 4 |
| Split | 0 |
| New provision (no CrPC counterpart) | 10 |
| Abolished (no BNSS counterpart) | 9 |
Complete CrPC to BNSS Section Mapping Table
Chapter I — Preliminary (CrPC Sections 1-5; BNSS Sections 1-5)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 1 | Short title, extent and commencement | 1 | Short title, extent and commencement | minor-edit |
| 2 | Definitions | 2 | Definitions | modified. New definitions added for electronic communication, audio-video electronic means; also new: bail, bail bond, bond, Explanation to (l) (special Acts prevail); victim redefined in 2(1)(y); 2(2) now imports IT Act/BNS meanings; "India", "metropolitan area", "pleader", "prescribed" omitted |
| 3 | Construction of references | 3 | Construction of references | modified. Metropolitan Magistrate construction rules removed; sub-section (1) now construes any reference in any law to a Magistrate (unqualified, first or second class) as a Judicial Magistrate of that class; "sifting" → "shifting" (as enacted); "subject to the provisions of clause (a)" |
| 4 | Trial of offences under IPC and other laws | 4 | Trial of offences under BNS and other laws | minor-edit. References updated to BNS |
| 5 | Saving | 5 | Saving | minor-edit. "this Code" → "this Sanhita" |
Chapter II — Constitution of Criminal Courts and Offices (CrPC Sections 6-25A; BNSS Sections 6-20)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 6 | Classes of Criminal Courts | 6 | Classes of Criminal Courts | modified. Metropolitan Magistrate distinction removed |
| 7 | Territorial divisions | 7 | Territorial divisions | modified. Proviso making every metropolitan area a separate sessions division and district omitted |
| 8 | Metropolitan areas | — | — | abolished. Metropolitan Magistrate system removed |
| 9 | Court of Session | 8 | Court of Session | modified. Assistant Sessions Judges omitted; new sub-sections (7)-(8) carry the distribution-of-business and urgent-application rules from CrPC 10(2)-(3), limited to Additional Sessions Judges; "rules" → "orders" in s.8(7); "by the Government" |
| 10 | Subordination of Assistant Sessions Judges | 8(7)-(8) | Court of Session | merged. Sub-section (1) (subordination of Assistant Sessions Judges) has no BNSS equivalent; sub-sections (2)-(3) carried into BNSS 8(7)-(8) for Additional Sessions Judges |
| 11 | Courts of Judicial Magistrates | 9 | Courts of Judicial Magistrates | modified. Metropolitan Magistrate distinction removed |
| 12 | Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | 10 | Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | minor-edit. "(not being a metropolitan area)" omitted; clauses (3)(a)-(b) renumbered as sub-sections (3)-(4) |
| 13 | Special Judicial Magistrates | 11 | Special Judicial Magistrates | minor-edit. Metropolitan-area exclusion and sub-section (3) (Metropolitan Magistrate powers) omitted |
| 14 | Local jurisdiction of Judicial Magistrates | 12 | Local jurisdiction of Judicial Magistrates | minor-edit. Cross-references renumbered (sections 11, 13 → 9, 11); metropolitan-area references omitted |
| 15 | Subordination of Judicial Magistrates | 13 | Subordination of Judicial Magistrates | identical |
| 16 | Courts of Metropolitan Magistrates | — | — | abolished. Metropolitan Magistrate system removed |
| 17 | Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate | — | — | abolished. Metropolitan Magistrate system removed |
| 18 | Special Metropolitan Magistrates | — | — | abolished. Metropolitan Magistrate system removed |
| 19 | Subordination of Metropolitan Magistrates | — | — | abolished. Metropolitan Magistrate system removed |
| 20 | Executive Magistrates | 14 | Executive Magistrates | modified. "and in every metropolitan area" omitted; sub-sections (4A)-(5) renumbered (5)-(6); Commissioner of Police clause no longer limited to a metropolitan area; s.14(6) drops "in relation to a metropolitan area" |
| 21 | Special Executive Magistrates | 15 | Special Executive Magistrates | expanded. Police officers not below the rank of Superintendent of Police or equivalent may also be appointed Special Executive Magistrates |
| 22 | Local jurisdiction of Executive Magistrates | 16 | Local jurisdiction of Executive Magistrates | minor-edit. "Code" → "Sanhita" |
| 23 | Subordination of Executive Magistrates | 17 | Subordination of Executive Magistrates | modified. Additional District Magistrate no longer excepted from subordination to the District Magistrate; separate allocation-of-business clause for the Additional District Magistrate folded into "distribution or allocation of business" |
| 24 | Public Prosecutors | 18 | Public Prosecutors | modified. Proviso added: for the National Capital Territory of Delhi, the Central Government appoints the Public Prosecutor/Additional Public Prosecutors after consulting the Delhi High Court; "or class of cases" dropped from sub-section (2); practice-period rules (seven and ten years) unchanged; "pleader" replaced by "advocate" in sub-section (9); Explanation (b) adds "Special Public Prosecutor" |
| 25 | Assistant Public Prosecutors | 19 | Assistant Public Prosecutors | modified. District Magistrate's ad hoc appointment now requires fourteen days' notice to the State Government; general bar on police officers (CrPC 25(2)) replaced by a proviso barring only an officer who took part in the investigation or is below the rank of Inspector |
| 25A | Directorate of Prosecution | 20 | Directorate of Prosecution | expanded. District Directorate of Prosecution and Assistant Directors added; Director/Deputy Director eligibility raised from ten to fifteen years' practice (or Sessions Judge); Chief Justice concurrence dropped; monitoring functions assigned by punishment band; "Home Department"; new s.20(8) scrutiny of police reports and s.20(10) |
Chapter III — Power of Courts (CrPC Sections 26-35; BNSS Sections 21-29)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 26 | Courts by which offences are triable | 21 | Courts by which offences are triable | minor-edit |
| 27 | Jurisdiction in the case of juveniles | — | — | abolished. No corresponding provision in BNSS |
| 28 | Sentences which High Courts and Sessions Judges may pass | 22 | Sentences which High Courts and Sessions Judges may pass | minor-edit. Sub-section (3) (Assistant Sessions Judge sentencing limits) omitted |
| 29 | Sentences which Magistrates may pass | 23 | Sentences which Magistrates may pass | modified. Fine limits raised (Magistrate of the first class ₹10,000 → ₹50,000; second class ₹5,000 → ₹10,000); community service added as a sentence; sub-section (4) on Metropolitan Magistrates omitted |
| 30 | Sentence of imprisonment in default of fine | 24 | Sentence of imprisonment in default of fine | minor-edit. Cross-reference renumbered (section 29 → 23) |
| 31 | Sentence in cases of conviction of several offences at one trial | 25 | Sentence in cases of conviction of several offences at one trial | modified. Court to order concurrent or consecutive sentences considering the gravity of offences; aggregate cap for consecutive sentences raised from fourteen to twenty years; IPC 71 → BNS 9; the CrPC default of consecutive running is replaced by the court's order |
| 32 | Mode of conferring powers | 26 | Mode of conferring powers | identical |
| 33 | Powers of officers appointed | 27 | Powers of officers appointed | identical |
| 34 | Withdrawal of powers | 28 | Withdrawal of powers | identical |
| 35 | Powers of Judges and Magistrates exercisable by their successors-in-office | 29 | Powers of Judges and Magistrates exercisable by their successors-in-office | minor-edit. References to Assistant Sessions Judges omitted |
Chapter IV — Powers of Superior Officers of Police and Aid to the Magistrates and the Police (CrPC Sections 36-40; BNSS Sections 30-34)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 36 | Powers of superior officers of police | 30 | Powers of superior officers of police | identical |
| 37 | Public when to assist Magistrates and police | 31 | Public when to assist Magistrates and police | minor-edit. "railway, canal, telegraph or" omitted from clause (c) |
| 38 | Aid to person, other than police officer, executing warrant | 32 | Aid to person, other than police officer, executing warrant | identical |
| 39 | Public to give information of certain offences | 33 | Public to give information of certain offences | modified. Offence list re-drawn by reference to BNS sections; adds BNS 111–113 and 141–144; illegal-gratification head (IPC 161–165A) dropped |
| 40 | Duty of officers employed in connection with the affairs of a village to make certain report | 34 | Duty of officers employed in connection with affairs of a village to make certain report | modified. "thug" omitted; offence lists re-drawn by reference to BNS sections; "proclaimed offender" in sub-section (2)(ii) now tied to offences punishable with ten years or more, life or death under the BNS |
Chapter V — Arrest of Persons (CrPC Sections 41-60A; BNSS Sections 35-62)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 41 | When police may arrest without warrant | 35(1)-(2) | When police may arrest without warrant | minor-edit. Clauses re-lettered (clause (ba) becomes (c)) and cross-references renumbered; conditions for arrest in clause (b) carried over unchanged |
| 41A | Notice of appearance before police officer | 35(3)-(6) | When police may arrest without warrant | merged. CrPC 41A(1)-(4) carried into BNSS 35(3)-(6) |
| — | — | 35(7) | When police may arrest without warrant | new-provision. No arrest without prior permission of an officer not below the rank of Deputy Superintendent of Police where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age |
| 41B | Procedure of arrest and duties of officer making arrest | 36 | Procedure of arrest and duties of officer making arrest | minor-edit. Arrested person may also have "any other person" named by him informed of the arrest |
| 41C | Control room at districts | 37 | Designated police officer | modified. Police control rooms retained; State Government to designate a police officer not below the rank of Assistant Sub-Inspector in every district and police station to maintain arrest information, displayed prominently including in digital mode; CrPC 41C(2) and (3) (officer name display; State database) omitted |
| 41D | Right of arrested person to meet an advocate of his choice during interrogation | 38 | Right of arrested person to meet an advocate of his choice during interrogation | identical |
| 42 | Arrest on refusal to give name and residence | 39 | Arrest on refusal to give name and residence | minor-edit. "bond, with or without sureties" becomes "bond or bail bond" |
| 43 | Arrest by private person and procedure on such arrest | 40 | Arrest by private person and procedure on such arrest | modified. Arrested person to be made over to a police officer "without unnecessary delay, but within six hours from such arrest"; police officer "shall take him in custody" (was "re-arrest"); cross-references s.41 → s.35(1), s.42 → s.39 |
| 44 | Arrest by Magistrate | 41 | Arrest by Magistrate | identical |
| 45 | Protection of members of the Armed Forces from arrest | 42 | Protection of members of Armed Forces from arrest | minor-edit. Cross-reference renumbered (sections 41 to 44 → section 35 and sections 39 to 41) |
| 46 | Arrest how made | 43 | Arrest how made | modified. New sub-section (3) allows the police officer, keeping in view the nature and gravity of the offence, to use handcuffs on specified categories (habitual or repeat offenders, escapees, and persons who have committed listed offences); women's night-arrest rule now refers to "the Magistrate of the first class" |
| 47 | Search of place entered by person sought to be arrested | 44 | Search of place entered by person sought to be arrested | identical |
| 48 | Pursuit of offenders into other jurisdictions | 45 | Pursuit of offenders into other jurisdictions | identical |
| 49 | No unnecessary restraint | 46 | No unnecessary restraint | identical |
| 50 | Person arrested to be informed of grounds of arrest and of right to bail | 47 | Person arrested to be informed of grounds of arrest and of right to bail | identical |
| 50A | Obligation of person making arrest to inform about the arrest, etc., to a nominated person | 48 | Obligation of person making arrest to inform about arrest, etc., to relative or friend | modified. Information must also go to the designated police officer in the district; register form now "as the State Government may, by rules, provide"; minor edits: "this Code" → "this Sanhita", "friends, relatives" → "relatives, friends" |
| 51 | Search of arrested person | 49 | Search of arrested person | identical |
| 52 | Power to seize offensive weapons | 50 | Power to seize offensive weapons | minor-edit. Weapons may be taken "immediately after the arrest is made" |
| 53 | Examination of accused by medical practitioner at the request of police officer | 51 | Examination of accused by medical practitioner at request of police officer | modified. Request may come from any police officer (Sub-Inspector rank requirement dropped); new sub-section (3) requires the report to be forwarded to the investigating officer without delay; "registered medical practitioner" now defined by reference to the National Medical Commission Act, 2019 |
| 53A | Examination of person accused of rape by medical practitioner | 52 | Examination of person accused of rape by medical practitioner | modified. Request may come from any police officer (Sub-Inspector rank requirement dropped); cross-reference renumbered (section 173(5) → 193(6)) |
| 54 | Examination of arrested person by medical officer | 53 | Examination of arrested person by medical officer | modified. New proviso allows one more examination if the medical officer or registered medical practitioner considers it necessary |
| 54A | Identification of person arrested | 54 | Identification of person arrested | minor-edit. Identification by a disabled witness supervised by "a Magistrate" (was Judicial Magistrate) and recorded by audio-video electronic means (was videographed) |
| 55 | Procedure when police officer deputes subordinate to arrest without warrant | 55 | Procedure when police officer deputes subordinate to arrest without warrant | minor-edit. Cross-references renumbered (Chapter XII → XIII; section 41 → 35) |
| 55A | Health and safety of arrested person | 56 | Health and safety of arrested person | identical |
| 56 | Person arrested to be taken before Magistrate or officer in charge of police station | 57 | Person arrested to be taken before Magistrate or officer in charge of police station | identical |
| 57 | Person arrested not to be detained more than twenty-four hours | 58 | Person arrested not to be detained more than twenty-four hours | minor-edit. Cross-reference renumbered (section 167 → 187); Magistrate's Court described as "whether having jurisdiction or not" |
| 58 | Police to report apprehensions | 59 | Police to report apprehensions | identical |
| 59 | Discharge of person apprehended | 60 | Discharge of person apprehended | minor-edit. "own bond, or on bail" becomes "bond, or bail bond" |
| 60 | Power, on escape, to pursue and retake | 61 | Power, on escape, to pursue and retake | minor-edit. Cross-reference renumbered (section 47 → 44) |
| 60A | Arrest to be made strictly according to the Code | 62 | Arrest to be made strictly according to Sanhita | minor-edit |
Chapter VI — Processes to Compel Appearance: Summons (CrPC Sections 61-69; BNSS Sections 63-71)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 61 | Form of summons | 63 | Form of summons | modified. Electronic summons permitted |
| 62 | Summons how served | 64 | Summons how served | modified. Service by electronic means permitted; register proviso; "so served personally" |
| 63 | Service of summons on corporate bodies and societies | 65 | Service of summons on corporate bodies, firms, and societies | modified. Service on a company via its Director, Manager, Secretary or other officer; "company" and "corporation" defined by reference to the Companies Act, 2013; new sub-section (2) on service on firms and other associations of individuals; only "corporation" defined by reference to the Companies Act 2013; comma dropped |
| 64 | Service when persons summoned cannot be found | 66 | Service when persons summoned cannot be found | modified. Summons may be left with "some adult member" of the family (was "adult male member") |
| 65 | Procedure when service cannot be effected as before provided | 67 | Procedure when service cannot be effected as before provided | minor-edit. Cross-references renumbered (sections 62-64 → 64-66) |
| 66 | Service on Government servant | 68 | Service on Government servant | minor-edit. Cross-reference renumbered (section 62 → 64) |
| 67 | Service of summons outside local limits | 69 | Service of summons outside local limits | identical |
| 68 | Proof of service in such cases and when serving officer not present | 70 | Proof of service in such cases and when serving officer not present | modified. New sub-section (3): summons served by electronic communication under sections 64 to 71 treated as duly served, with an attested copy kept as proof; cross-references 62/64 → 64/66 |
| 69 | Service of summons on witness by post | 71 | Service of summons on witness | modified. Service on a witness by electronic communication added alongside registered post; heading drops "by post"; new ground: proof of electronic delivery under s.70(3); "may declare" → "may deem" |
Chapter VI — Processes to Compel Appearance: Warrants (CrPC Sections 70-81; BNSS Sections 72-83)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 70 | Form of warrant of arrest and duration | 72 | Form of warrant of arrest and duration | identical |
| 71 | Power to direct security to be taken | 73 | Power to direct security to be taken | minor-edit. "bond" becomes "bail bond" |
| 72 | Warrants to whom directed | 74 | Warrants to whom directed | identical |
| 73 | Warrant may be directed to any person | 75 | Warrant may be directed to any person | minor-edit. Cross-reference renumbered (section 71 → 73) |
| 74 | Warrant directed to police officer | 76 | Warrant directed to police officer | identical |
| 75 | Notification of substance of warrant | 77 | Notification of substance of warrant | identical |
| 76 | Person arrested to be brought before Court without delay | 78 | Person arrested to be brought before Court without delay | minor-edit. Cross-reference renumbered (section 71 → 73) |
| 77 | Where warrant may be executed | 79 | Where warrant may be executed | identical |
| 78 | Warrant forwarded for execution outside jurisdiction | 80 | Warrant forwarded for execution outside jurisdiction | minor-edit. Cross-reference renumbered (section 81 → 83) |
| 79 | Warrant directed to police officer for execution outside jurisdiction | 81 | Warrant directed to police officer for execution outside jurisdiction | identical |
| 80 | Procedure on arrest of person against whom warrant issued | 82 | Procedure on arrest of person against whom warrant issued | modified. New sub-section (2): arrest information to the designated police officer of the district and of the district where the person normally resides |
| 81 | Procedure by Magistrate before whom such person arrested is brought | 83 | Procedure by Magistrate before whom such person arrested is brought | minor-edit. "bail" becomes "bail bond"; cross-references renumbered (sections 71, 78, 437 → 73, 80, 480) |
Proclamation and Attachment (CrPC Sections 82-86; BNSS Sections 84-89)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 82 | Proclamation for person absconding | 84 | Proclamation for person absconding | modified. Proclaimed-offender declaration under sub-section (4) now available for any offence punishable with imprisonment of ten years or more, life or death under the BNS or any other law (replacing the list of IPC sections) |
| 83 | Attachment of property of person absconding | 85 | Attachment of property of person absconding | minor-edit. Cross-reference renumbered (section 82 → 84); "attachment of property" and a semicolon in proviso (a) |
| — | — | 86 | Identification and attachment of property of proclaimed person | new-provision |
| 84 | Claims and objections to attachment | 87 | Claims and objections to attachment | minor-edit. Cross-references renumbered (section 83 → 85) |
| 85 | Release, sale and restoration of attached property | 88 | Release, sale and restoration of attached property | minor-edit. Cross-reference renumbered (section 84 → 87); comma after "State Government" dropped in sub-s. (3) |
| 86 | Appeal from order rejecting application for restoration of attached property | 89 | Appeal from order rejecting application for restoration of attached property | minor-edit. Cross-reference renumbered (section 85 → 88) |
Other Rules Regarding Processes (CrPC Sections 87-90; BNSS Sections 90-93)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 87 | Issue of warrant in lieu of, or in addition to, summons | 90 | Issue of warrant in lieu of, or in addition to, summons | identical |
| 88 | Power to take bond for appearance | 91 | Power to take bond or bail bond for appearance | minor-edit |
| 89 | Arrest on breach of bond for appearance | 92 | Arrest on breach of bond or bail bond for appearance | minor-edit |
| 90 | Provisions of this Chapter generally applicable to summonses and warrants of arrest | 93 | Provisions of this Chapter generally applicable to summons and warrants of arrest | identical |
Chapter VII — Processes to Compel the Production of Things, and Chapter VIIA — Reciprocal Arrangements (CrPC Sections 91-105L, 166A-166B; BNSS Sections 94-124)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 91 | Summons to produce document or other thing | 94 | Summons to produce document or other thing | expanded. Adds "electronic communication, including communication devices, which is likely to contain digital evidence"; police order may be in physical or electronic form; IEA ss.123/124 → BSA ss.129/130; telegram/telegraph references dropped from sub-s. (3) |
| 92 | Procedure as to letters and telegrams | 95 | Procedure as to letters | minor-edit. References to telegrams and the telegraph authority omitted |
| 93 | When search-warrant may be issued | 96 | When search-warrant may be issued | minor-edit. Cross-references renumbered (sections 91, 92 → 94, 95); "or telegraph" omitted |
| 94 | Search of place suspected to contain stolen property, forged documents, etc. | 97 | Search of place suspected to contain stolen property, forged documents, etc. | minor-edit. Metal Tokens Act, 1889 reference replaced by Coinage Act, 2011; IPC 292 reference replaced by BNS 294 |
| 95 | Power to declare certain publications forfeited and to issue search-warrants for the same | 98 | Power to declare certain publications forfeited and to issue search-warrants for same | modified. Offence references re-stated as BNS sections 152, 196, 197, 294, 295 and 299 (IPC 124A reference replaced by BNS 152); "same meanings"; "book; or"; cross-references 96 → 99 (BNS 152 is not a sedition equivalent) |
| 96 | Application to High Court to set aside declaration of forfeiture | 99 | Application to High Court to set aside declaration of forfeiture | minor-edit. Cross-references renumbered (section 95 → 98) |
| 97 | Search for persons wrongfully confined | 100 | Search for persons wrongfully confined | identical |
| 98 | Power to compel restoration of abducted females | 101 | Power to compel restoration of abducted females | modified. "under the age of eighteen years" omitted from "female child"; "husband" omitted from the persons to whom a female child may be restored |
| 99 | Direction, etc., of search-warrants | 102 | Direction, etc., of search-warrants | minor-edit. Cross-references renumbered |
| 100 | Persons in charge of closed place to allow search | 103 | Persons in charge of closed place to allow search | minor-edit. Cross-references renumbered (section 47 → 44; IPC 187 → BNS 222) |
| 101 | Disposal of things found in search beyond jurisdiction | 104 | Disposal of things found in search beyond jurisdiction | identical |
| — | — | 105 | Recording of search and seizure through audio-video electronic means | new-provision. Mandatory AV recording of search and seizure |
| 102 | Power of police officer to seize certain property | 106 | Power of police officer to seize certain property | minor-edit. Cross-references renumbered (sections 457, 458 → 503, 504) |
| — | — | 107 | Attachment, forfeiture or restoration of property | new-provision |
| 103 | Magistrate may direct search in his presence | 108 | Magistrate may direct search in his presence | identical |
| 104 | Power to impound document, etc., produced | 109 | Power to impound document produced | identical |
| 105 | Reciprocal arrangements regarding processes | 110 | Reciprocal arrangements regarding processes | minor-edit. Cross-references renumbered; "prescribed" becomes "specified" |
| 105A | Definitions | 111 | Definitions | identical |
| 166A | Letter of request to competent authority for investigation in a country or place outside India | 112 | Letter of request to competent authority for investigation in a country or place outside India | minor-edit. Opening "Notwithstanding anything contained in this Code" omitted |
| 166B | Letter of request from a country or place outside India to a Court or an authority for investigation in India | 113 | Letter of request from a country or place outside India to a Court or an authority for investigation in India | minor-edit. References to Metropolitan Magistrates omitted |
| 105B | Assistance in securing transfer of persons | 114 | Assistance in securing transfer of persons | minor-edit. Opening "Notwithstanding anything contained in this Code" omitted |
| 105C | Assistance in relation to orders of attachment or forfeiture of property | 115 | Assistance in relation to orders of attachment or forfeiture of property | minor-edit. Cross-references renumbered (sections 105D-105J → 116-122) |
| 105D | Identifying unlawfully acquired property | 116 | Identifying unlawfully acquired property | minor-edit. Cross-reference renumbered (section 105C → 115) |
| 105E | Seizure or attachment of property | 117 | Seizure or attachment of property | minor-edit. Cross-reference renumbered (section 105D → 116) |
| 105F | Management of properties seized or forfeited under this Chapter | 118 | Management of properties seized or forfeited under this Chapter | minor-edit. Cross-references renumbered (sections 105E, 105H → 117, 120) |
| 105G | Notice of forfeiture of property | 119 | Notice of forfeiture of property | minor-edit. Cross-reference renumbered (section 105D → 116) |
| 105H | Forfeiture of property in certain cases | 120 | Forfeiture of property in certain cases | minor-edit. Cross-reference renumbered (section 105G → 119); Companies Act, 1956 reference replaced by Companies Act, 2013 |
| 105I | Fine in lieu of forfeiture | 121 | Fine in lieu of forfeiture | minor-edit. Cross-reference renumbered (section 105H → 120) |
| 105J | Certain transfers to be null and void | 122 | Certain transfers to be null and void | minor-edit. Cross-references renumbered (sections 105E, 105G, 105H → 117, 119, 120) |
| 105K | Procedure in respect of letter of request | 123 | Procedure in respect of letter of request | identical |
| 105L | Application of this Chapter | 124 | Application of this Chapter | identical |
Chapter VIII — Security for Keeping the Peace and Good Behaviour (CrPC Sections 106-124; BNSS Sections 125-143)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 106 | Security for keeping the peace on conviction | 125 | Security for keeping peace on conviction | minor-edit. "bond, with or without sureties" becomes "bond or bail bond"; offence references re-stated by reference to BNS (Chapter XI; sections 193(1), 196, 197) |
| 107 | Security for keeping the peace in other cases | 126 | Security for keeping peace in other cases | minor-edit. "bond, with or without sureties" becomes "bond or bail bond" |
| 108 | Security for good behaviour from persons disseminating seditious matters | 127 | Security for good behaviour from persons disseminating certain matters | modified. IPC 124A reference replaced by BNS 152 (and other IPC references by BNS 196, 197, 299, 294); "bond, with or without sureties" becomes "bond or bail bond" |
| 109 | Security for good behaviour from suspected persons | 128 | Security for good behaviour from suspected persons | minor-edit. "bond, with or without sureties" becomes "bond or bail bond" |
| 110 | Security for good behaviour from habitual offenders | 129 | Security for good behaviour from habitual offenders | modified. List of special Acts revised (Foreign Exchange Regulation Act, 1973 and Prevention of Food Adulteration Act, 1954 omitted; Food Safety and Standards Act, 2006 added; later Act titles used); IPC references re-stated as BNS Chapter X and sections 178-181; bond "with sureties" becomes "bail bond" |
| 111 | Order to be made | 130 | Order to be made | minor-edit. Cross-references renumbered; order to state the number of sureties "after considering the sufficiency and fitness of sureties" (was "number, character and class of sureties (if any)") |
| 112 | Procedure in respect of person present in Court | 131 | Procedure in respect of person present in Court | identical |
| 113 | Summons or warrant in case of person not so present | 132 | Summons or warrant in case of person not so present | identical |
| 114 | Copy of order to accompany summons or warrant | 133 | Copy of order to accompany summons or warrant | minor-edit. Cross-references renumbered (sections 111, 113 → 130, 132) |
| 115 | Power to dispense with personal attendance | 134 | Power to dispense with personal attendance | minor-edit. "pleader" becomes "advocate" |
| 116 | Inquiry as to truth of information | 135 | Inquiry as to truth of information | minor-edit. Cross-references renumbered; "bond, with or without sureties" becomes "bond or bail bond" |
| 117 | Order to give security | 136 | Order to give security | minor-edit. Cross-reference renumbered; "bond, with or without sureties" becomes "bond or bail bond"; "minor" becomes "child" |
| 118 | Discharge of person informed against | 137 | Discharge of person informed against | minor-edit. Cross-reference renumbered (section 116 → 135) |
| 119 | Commencement of period for which security is required | 138 | Commencement of period for which security is required | minor-edit. Cross-references renumbered (sections 106, 117 → 125, 136) |
| 120 | Contents of bond | 139 | Contents of bond | minor-edit. "bond" becomes "bond or bail bond" |
| 121 | Power to reject sureties | 140 | Power to reject sureties | minor-edit. References to "bond" become "bail bond" |
| 122 | Imprisonment in default of security | 141 | Imprisonment in default of security | minor-edit. Cross-references renumbered; "bond without sureties" becomes "bail bond"; references to Assistant Sessions Judges omitted |
| 123 | Power to release persons imprisoned for failing to give security | 142 | Power to release persons imprisoned for failing to give security | minor-edit. Cross-references renumbered; conditions to be prescribed "by rules" |
| 124 | Security for unexpired period of bond | 143 | Security for unexpired period of bond | minor-edit. Cross-references renumbered; "bond" becomes "bond or bail bond" |
Chapter IX — Order for Maintenance (CrPC Sections 125-128; BNSS Sections 144-147)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 125 | Order for maintenance of wives, children and parents | 144 | Order for maintenance of wives, children and parents | modified. The word "minor" omitted from clause (b) and the first proviso, and the Explanation's definition of "minor" dropped; interim-maintenance and sixty-day disposal provisos carried over unchanged; minor edits: "as the case may be," dropped from sub-s. (4), commas before "or" in clauses (1)(a)–(c) become semicolons |
| 126 | Procedure | 145 | Procedure | expanded. New clause (d): proceedings may also be taken where the father or mother resides; "pleader" becomes "advocate" |
| 127 | Alteration in allowance | 146 | Alteration in allowance | minor-edit. Cross-references renumbered (section 125 → 144) |
| 128 | Enforcement of order of maintenance | 147 | Enforcement of order of maintenance | identical |
Chapter X — Public Order and Tranquillity (CrPC Sections 129-148; BNSS Sections 148-167)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 129 | Dispersal of assembly by use of civil force | 148 | Dispersal of assembly by use of civil force | expanded. Assistance may be required of "any person" (was "any male person"); "any male person" → "any person" |
| 130 | Use of armed forces to disperse assembly | 149 | Use of armed forces to disperse assembly | modified. Power to call in the armed forces vests in the District Magistrate or any other Executive Magistrate authorised by him who is present (was the Executive Magistrate of the highest rank present) |
| 131 | Power of certain armed force officers to disperse assembly | 150 | Power of certain armed force officers to disperse assembly | identical |
| 132 | Protection against prosecution for acts done under preceding sections | 151 | Protection against prosecution for acts done under sections 148, 149 and 150 | minor-edit |
| 133 | Conditional order for removal of nuisance | 152 | Conditional order for removal of nuisance | identical |
| 134 | Service or notification of order | 153 | Service or notification of order | identical |
| 135 | Person to whom order is addressed to obey or show cause | 154 | Person to whom order is addressed to obey or show cause | modified. Appearance or hearing may be permitted through audio-video conferencing |
| 136 | Consequences of his failing to do so | 155 | Penalty for failure to comply with section 154 | minor-edit. IPC 188 reference replaced by BNS 223; "prescribed" becomes "specified" |
| 137 | Procedure where existence of public right is denied | 156 | Procedure where existence of public right is denied | minor-edit. Cross-references renumbered (sections 133, 138 → 152, 157) |
| 138 | Procedure where he appears to show cause | 157 | Procedure where person against whom order is made under section 152 appears to show cause | modified. New proviso: proceedings to be completed, as soon as possible, within ninety days, extendable to one hundred and twenty days for reasons recorded |
| 139 | Power of Magistrate to direct local investigation and examination of an expert | 158 | Power of Magistrate to direct local investigation and examination of an expert | minor-edit. Cross-references renumbered (sections 137, 138 → 156, 157) |
| 140 | Power of Magistrate to furnish written instructions, etc. | 159 | Power of Magistrate to furnish written instructions, etc. | minor-edit. Cross-reference renumbered (section 139 → 158) |
| 141 | Procedure on order being made absolute and consequences of disobedience | 160 | Procedure on order being made absolute and consequences of disobedience | minor-edit. Cross-references renumbered (sections 136, 138 → 155, 157; IPC 188 → BNS 223) |
| 142 | Injunction pending inquiry | 161 | Injunction pending inquiry | minor-edit. Cross-reference renumbered (section 133 → 152) |
| 143 | Magistrate may prohibit repetition or continuance of public nuisance | 162 | Magistrate may prohibit repetition or continuance of public nuisance | expanded. A Deputy Commissioner of Police empowered by the State Government or District Magistrate may also make the order; IPC reference replaced by BNS |
| 144 | Power to issue order in urgent cases of nuisance or apprehended danger | 163 | Power to issue order in urgent cases of nuisance or apprehended danger | minor-edit. Cross-reference renumbered (section 134 → 153); "pleader" becomes "advocate"; two-month limit and six-month State extension unchanged. CrPC s.144A (inserted by Act 25 of 2005, "date yet to be notified") has no BNSS counterpart |
| 145 | Procedure where dispute concerning land or water is likely to cause breach of peace | 164 | Procedure where dispute concerning land or water is likely to cause breach of peace | minor-edit. "pleader" becomes "advocate"; cross-reference renumbered (section 107 → 126) |
| 146 | Power to attach subject of dispute and to appoint receiver | 165 | Power to attach subject of dispute and to appoint receiver | minor-edit. Cross-references renumbered (section 145 → 164) |
| 147 | Dispute concerning right of use of land or water | 166 | Dispute concerning right of use of land or water | minor-edit. Cross-references renumbered (section 145 → 164); "pleader" becomes "advocate" |
| 148 | Local inquiry | 167 | Local inquiry | minor-edit. Cross-references renumbered (sections 145-147 → 164-166); "pleaders" becomes "advocates" |
Chapter XI — Preventive Action of the Police (CrPC Sections 149-153; BNSS Sections 168-172)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 149 | Police to prevent cognizable offences | 168 | Police to prevent cognizable offences | identical |
| 150 | Information of design to commit cognizable offences | 169 | Information of design to commit cognizable offences | identical |
| 151 | Arrest to prevent the commission of cognizable offences | 170 | Arrest to prevent commission of cognizable offences | identical |
| 152 | Prevention of injury to public property | 171 | Prevention of injury to public property | identical |
| 153 | Inspection of weights and measures | — | — | abolished. No corresponding provision in BNSS |
| — | — | 172 | Persons bound to conform to lawful directions of police | new-provision |
Chapter XII — Information to Police and their Powers to Investigate (CrPC Sections 154-176; BNSS Sections 173-196)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 154 | Information in cognizable cases | 173 | Information in cognizable cases | modified. Information may be given irrespective of the area where the offence was committed, and by electronic communication (to be signed within three days); new s.173(3): preliminary enquiry within 14 days, with prior permission of an officer not below DSP, for offences punishable with 3 years or more but less than 7 years; copy of the information also to the victim; s.173(4) adds an application to the Magistrate |
| 155 | Information as to non-cognizable cases and investigation of such cases | 174 | Information as to non-cognizable cases and investigation of such cases | modified. New s.174(1)(ii): daily diary report of all such cases to be forwarded to the Magistrate fortnightly; "may by rules prescribe" |
| 156 | Police officer's power to investigate cognizable case | 175 | Police officer's power to investigate cognizable case | modified. Proviso: SP may require a DSP to investigate; Magistrate's order under s.175(3) only after an affidavit-supported application under s.173(4); new s.175(4) procedure for complaints against public servants; cross-references renumbered (Chapter XIII → XIV, s.190 → s.210) |
| 157 | Procedure for investigation | 176 | Procedure for investigation | modified. Rape victim's statement may also be recorded by audio-video electronic means; daily diary report to the Magistrate fortnightly; new s.176(3): forensic expert to visit the crime scene for offences punishable with seven years or more (from a date notified by the State Government within five years) |
| 158 | Report how submitted | 177 | Report how submitted | minor-edit. Cross-reference renumbered (s.157 → s.176) |
| 159 | Power to hold investigation or preliminary inquiry | 178 | Power to hold investigation or preliminary inquiry | minor-edit. Drafting changes; express reference to s.176; 'Code' → 'Sanhita' |
| 160 | Police officer's power to require attendance of witnesses | 179 | Police officer's power to require attendance of witnesses | modified. Upper age for exemption from attending elsewhere than one's residence lowered from sixty-five to sixty; persons with acute illness added; new proviso allows a willing person to attend at the police station |
| 161 | Examination of witnesses by police | 180 | Examination of witnesses by police | modified. Offence list in the woman-officer proviso re-mapped to BNS sections and extended to BNS ss.69 and 124 (the audio-video recording proviso already existed in CrPC s.161(3)) |
| 162 | Statements to police not to be signed; use of statements in evidence | 181 | Statements to police and use thereof | minor-edit. Cross-references updated to BNSS and BSA 2023 |
| 163 | No inducement to be offered | 182 | No inducement to be offered | minor-edit. Cross-references updated to BNSS and BSA 2023 |
| 164 | Recording of confessions and statements | 183 | Recording of confessions and statements | modified. Recording Magistrate is any Magistrate of the district where the information was registered (was Metropolitan/Judicial Magistrate); victim's statement to be recorded, as far as practicable, by a woman Magistrate; in offences punishable with ten years or more, life or death the Magistrate shall record the statement of the witness brought by police; audio-video recording of a disabled person's statement 'preferably by mobile phone' |
| 164A | Medical examination of the victim of rape | 184 | Medical examination of victim of rape | modified. Medical practitioner must forward the report within seven days (was 'without delay') |
| 165 | Search by police officer | 185 | Search by police officer | modified. Grounds to be recorded in the case-diary; search to be recorded through audio-video electronic means, preferably by mobile phone; copies to the Magistrate forthwith but not later than forty-eight hours |
| 166 | When officer in charge of police station may require another to issue search-warrant | 186 | When officer in charge of police station may require another to issue search-warrant | minor-edit. Cross-references renumbered |
| 167 | Procedure when investigation cannot be completed in twenty-four hours | 187 | Procedure when investigation cannot be completed in 24 hours | modified. Police custody of up to fifteen days may be authorised in whole or in parts at any time during the initial forty or sixty days of the sixty/ninety-day detention period; Magistrate to consider whether the accused has not been released on bail or bail has been cancelled; detention only in a police station, prison or declared place; 'Judicial Magistrate' → 'Magistrate' |
| 168 | Report of investigation by subordinate police officer | 188 | Report of investigation by subordinate police officer | identical |
| 169 | Release of accused when evidence deficient | 189 | Release of accused when evidence deficient | minor-edit. 'bond, with or without sureties' → 'bond or bail bond' |
| 170 | Cases to be sent to Magistrate when evidence is sufficient | 190 | Cases to be sent to Magistrate when evidence is sufficient | modified. New proviso: if the accused is not in custody, police take security for appearance and the Magistrate shall not refuse the report on the ground that the accused was not taken into custody |
| 171 | Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint | 191 | Complainant and witnesses not to be required to accompany police | minor-edit. Cross-references renumbered |
| 172 | Diary of proceedings in investigation | 192 | Diary of proceedings in investigation | minor-edit. Sub-sections renumbered; cross-references updated to BNSS and BSA 2023 |
| 173 | Report of police officer on completion of investigation | 193 | Report of police officer on completion of investigation | modified. Two-month completion limit covers listed BNS sexual offences and POCSO ss.4, 6, 8, 10; report may be forwarded through electronic communication and must state the sequence of custody of electronic devices; progress to be informed to the informant/victim within ninety days; electronic supply of report deemed service; further investigation during trial needs the Court's permission and must be completed within ninety days (extendable) |
| 174 | Police to enquire and report on suicide, etc. | 194 | Police to enquire and report on suicide, etc. | modified. Inquest report to be forwarded to the District/Sub-divisional Magistrate within twenty-four hours (was 'forthwith'); "medical man" → "medical person", "rule prescribed" → "rule made" |
| 175 | Power to summon persons | 195 | Power to summon persons | modified. New provisos: listed vulnerable persons not required to attend elsewhere than their residence; a willing person may attend and answer at the police station |
| 176 | Inquiry by Magistrate into cause of death | 196 | Inquiry by Magistrate into cause of death | modified. Judicial/Metropolitan Magistrate references replaced by 'Magistrate'; sub-sections renumbered |
Chapter XIII — Jurisdiction of Criminal Courts (CrPC Sections 177-189; BNSS Sections 197-209)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 177 | Ordinary place of inquiry and trial | 197 | Ordinary place of inquiry and trial | identical |
| 178 | Place of inquiry or trial | 198 | Place of inquiry or trial | minor-edit. commas at the end of clauses (a)–(c) become semicolons |
| 179 | Offence triable where act is done or consequence ensues | 199 | Offence triable where act is done or consequence ensues | identical |
| 180 | Place of trial where act is an offence by reason of relation to other offence | 200 | Place of trial where act is an offence by reason of relation to other offence | identical |
| 181 | Place of trial in case of certain offences | 201 | Place of trial in case of certain offences | modified. Offences of 'being a thug' and 'murder committed by a thug' omitted from s.201(1); "or of dacoity with murder" |
| 182 | Offences committed by letters, etc. | 202 | Offences committed by means of electronic communications, letters, etc. | modified. Electronic communications added alongside letters and telecommunication messages; bigamy reference updated to BNS s.82 |
| 183 | Offence committed on journey or voyage | 203 | Offence committed on journey or voyage | identical |
| 184 | Place of trial for offences triable together | 204 | Place of trial for offences triable together | minor-edit. Cross-references renumbered; comma → semicolon at end of clause (a) |
| 185 | Power to order cases to be tried in different sessions divisions | 205 | Power to order cases to be tried in different sessions divisions | minor-edit. 'cases' → 'case'; 'Code' → 'Sanhita' |
| 186 | High Court to decide, in case of doubt, district where inquiry or trial shall take place | 206 | High Court to decide, in case of doubt, district where inquiry or trial shall take place | identical |
| 187 | Power to issue summons or warrant for offence committed beyond local jurisdiction | 207 | Power to issue summons or warrant for offence committed beyond local jurisdiction | minor-edit. Cross-references renumbered; 'with or without sureties' → 'bail bond'; "some law" → "any law" |
| 188 | Offence committed outside India | 208 | Offence committed outside India | modified. Accused may also be dealt with where the offence is registered in India; comma after "Provided that" dropped |
| 189 | Receipt of evidence relating to offences committed outside India | 209 | Receipt of evidence relating to offences committed outside India | modified. Depositions/exhibits may be received in physical or electronic form |
Chapter XIV — Conditions Requisite for Initiation of Proceedings (CrPC Sections 190-199; BNSS Sections 210-222)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 190 | Cognizance of offences by Magistrates | 210 | Cognizance of offences by Magistrate | modified. Complaints include those filed by a person authorised under any special law; police report may be submitted in any mode including electronic mode; "constitute" → "constitutes" in clause (a) |
| 191 | Transfer on application of the accused | 211 | Transfer on application of the accused | minor-edit. Cross-references renumbered |
| 192 | Making over of cases to Magistrates | 212 | Making over of cases to Magistrates | identical |
| 193 | Cognizance of offences by Courts of Session | 213 | Cognizance of offences by Court of Session | minor-edit. 'Code' → 'Sanhita' |
| 194 | Additional and Assistant Sessions Judges to try cases made over to them | 214 | Additional Sessions Judges to try cases made over to them | narrowed. Reference to Assistant Sessions Judges omitted |
| 195 | Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence | 215 | Prosecution for contempt of lawful authority of public servants | modified. Complaint may also be made by a public servant authorised by the concerned public servant (with matching withdrawal power); BNS s.209 excluded from the covered range; cross-references updated to BNS; "Provincial" dropped from s.215(3); BNS 232 (IPC 195A) named |
| 195A | Procedure for witnesses in case of threatening, etc. | 216 | Procedure for witnesses in case of threatening | minor-edit. Reference updated to BNS s.232 |
| 196 | Prosecution for offences against the State and for criminal conspiracy to commit such offence | 217 | Prosecution for offences against State and for criminal conspiracy to commit such offence | minor-edit. Cross-references updated to BNS; sub-sections renumbered |
| 197 | Prosecution of Judges and public servants | 218 | Prosecution of Judges and public servants | modified. Sanctioning Government to decide within 120 days, failing which sanction is deemed accorded; no-sanction offence list re-mapped to BNS; CrPC s.197(3B) (1991 validation clause) not carried forward |
| 198 | Prosecution for offences against marriage | 219 | Prosecution for offences against marriage | modified. Proviso to CrPC s.198(2) (complaint by person who had care of the woman) omitted; aggrieved-husband rule now for BNS s.84 only (IPC s.497 not carried forward); terminology updated ('child', 'unsound mind', 'intellectual disability') |
| 198A | Prosecution of offences under section 498A IPC | 220 | Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 | minor-edit. Reference updated to BNS s.85 |
| 198B | Cognizance of offence | 221 | Cognizance of offence | minor-edit. Reference updated to BNS s.67 |
| 199 | Prosecution for defamation | 222 | Prosecution for defamation | minor-edit. BNS s.356 references; terminology updated ('child', 'unsound mind', 'intellectual disability'); s.222(4)(a) re-lettered |
Chapter XV — Complaints to Magistrates (CrPC Sections 200-203; BNSS Sections 223-226)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 200 | Examination of complainant | 223 | Examination of complainant | modified. Magistrate 'having jurisdiction'; new proviso: no cognizance without giving the accused an opportunity of being heard; new s.223(2): conditions for cognizance of a complaint against a public servant |
| 201 | Procedure by Magistrate not competent to take cognizance of the case | 224 | Procedure by Magistrate not competent to take cognizance | identical |
| 202 | Postponement of issue of process | 225 | Postponement of issue of process | minor-edit. Cross-references renumbered |
| 203 | Dismissal of complaint | 226 | Dismissal of complaint | minor-edit. Cross-references renumbered |
Chapter XVI — Commencement of Proceedings Before Magistrates (CrPC Sections 204-210; BNSS Sections 227-233)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 204 | Issue of process | 227 | Issue of process | modified. Proviso: summons or warrants may also be issued through electronic means; clause (1)(a) reworded; cross-reference updated |
| 205 | Magistrate may dispense with personal attendance of accused | 228 | Magistrate may dispense with personal attendance of accused | minor-edit. 'pleader' → 'advocate' |
| 206 | Special summons in cases of petty offence | 229 | Special summons in cases of petty offence | modified. Petty-offence fine ceiling raised from ₹1,000 to ₹5,000; Motor Vehicles Act, 1988 reference; 'pleader' → 'advocate'; cross-references 260/261 → 283/284, 320 → 359 |
| 207 | Supply to the accused of copy of police report and other documents | 230 | Supply to accused of copy of police report and other documents | modified. Documents to be supplied within fourteen days of production/appearance of the accused, also to the victim if represented by an advocate; voluminous documents may be furnished electronically; electronic supply deemed duly furnished |
| 208 | Supply of copies of statements and documents to accused in other cases triable by Court of Session | 231 | Supply of copies of statements and documents to accused in other cases triable by Court of Session | modified. Copies to be furnished 'forthwith' (was 'without delay'); supply in electronic form deemed duly furnished; "pleader" → "advocate"; cross-references updated |
| 209 | Commitment of case to Court of Session when offence is triable exclusively by it | 232 | Commitment of case to Court of Session when offence is triable exclusively by it | modified. Committal proceedings to be completed within ninety days of cognizance (extendable to one hundred and eighty days for recorded reasons); applications by the accused or victim to be forwarded with the committal |
| 210 | Procedure to be followed when there is a complaint case and police investigation | 233 | Procedure to be followed when there is a complaint case and police investigation in respect of same offence | minor-edit. Cross-references renumbered |
Chapter XVII — The Charge (CrPC Sections 211-224; BNSS Sections 234-247)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 211 | Contents of charge | 234 | Contents of charge | minor-edit. Illustrations re-mapped to BNS sections |
| 212 | Particulars as to time, place and person | 235 | Particulars as to time, place and person | minor-edit. Cross-references renumbered |
| 213 | When manner of committing offence must be stated | 236 | When manner of committing offence must be stated | minor-edit. Cross-references renumbered |
| 214 | Words in charge taken in sense of law under which offence is punishable | 237 | Words in charge taken in sense of law | identical |
| 215 | Effect of errors | 238 | Effect of errors | minor-edit. Illustrations re-mapped to BNS sections |
| 216 | Court may alter charge | 239 | Court may alter charge | identical |
| 217 | Recall of witnesses when charge altered | 240 | Recall of witnesses when charge altered | identical |
| 218 | Separate charges for distinct offences | 241 | Separate charges for distinct offences | minor-edit. Cross-references renumbered |
| 219 | Three offences of same kind within year may be charged together | 242 | Offences of same kind within year may be charged together | modified. Up to five offences of the same kind within twelve months may be charged together (was three) |
| 220 | Trial for more than one offence | 243 | Trial for more than one offence | minor-edit. Illustrations re-mapped to BNS sections; adultery illustration omitted; Illustration (b) (adultery) replaced by a rape illustration (BNS 64, 331(3)); Illustration (c) omitted; cross-references renumbered; IPC 71 → BNS 9 |
| 221 | Where it is doubtful what offence has been committed | 244 | Where it is doubtful what offence has been committed | minor-edit. "some one" → "someone" |
| 222 | When offence proved included in offence charged | 245 | When offence proved included in offence charged | minor-edit. Illustrations re-mapped to BNS sections |
| 223 | What persons may be charged jointly | 246 | What persons may be charged jointly | minor-edit. Illustrations and cross-references re-mapped to BNS |
| 224 | Withdrawal of remaining charges on conviction on one of several charges | 247 | Withdrawal of remaining charges on conviction on one of several charges | identical |
Chapter XVIII — Trial Before Court of Session (CrPC Sections 225-237; BNSS Sections 248-260)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 225 | Trial to be conducted by Public Prosecutor | 248 | Trial to be conducted by Public Prosecutor | identical |
| 226 | Opening case for prosecution | 249 | Opening case for prosecution | expanded. Also covers cases committed under any other law for the time being in force; cross-reference 209 → 232 |
| 227 | Discharge | 250 | Discharge | modified. New s.250(1): accused may apply for discharge within sixty days of commitment |
| 228 | Framing of charge | 251 | Framing of charge | modified. Charge in a case exclusively triable by the Court of Session to be framed within sixty days of the first hearing on charge; accused may be present physically or through audio-video electronic means; "or, as the case may be," dropped |
| 229 | Conviction on plea of guilty | 252 | Conviction on plea of guilty | identical |
| 230 | Date for prosecution evidence | 253 | Date for prosecution evidence | minor-edit. Cross-reference renumbered |
| 231 | Evidence for prosecution | 254 | Evidence for prosecution | modified. Witness evidence may be recorded by audio-video electronic means; deposition of a public servant may be taken through audio-video electronic means |
| 232 | Acquittal | 255 | Acquittal | identical |
| 233 | Entering upon defence | 256 | Entering upon defence | minor-edit. Cross-references renumbered |
| 234 | Arguments | 257 | Arguments | minor-edit. 'pleader' → 'advocate' |
| 235 | Judgment of acquittal or conviction | 258 | Judgment of acquittal or conviction | modified. Judgment as soon as possible, within thirty days of completion of arguments, extendable to forty-five days for recorded reasons |
| 236 | Previous conviction | 259 | Previous conviction | minor-edit. Cross-references renumbered |
| 237 | Procedure in cases instituted under section 199 (2) | 260 | Procedure in cases instituted under sub-section (2) of section 222 | modified. Compensation ceiling for accusation without reasonable cause raised from ₹1,000 to ₹5,000; cross-reference to s.222(2); "the Vice-President" |
Chapter XIX — Trial of Warrant Cases by Magistrates (CrPC Sections 238-250; BNSS Sections 261-273)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 238 | Compliance with section 207 | 261 | Compliance with section 230 | minor-edit |
| 239 | When accused shall be discharged | 262 | When accused shall be discharged | modified. New s.262(1): discharge application within sixty days of supply of documents under s.230; examination of the accused may be physical or through audio-video electronic means; cross-reference 173 → 193 |
| 240 | Framing of charge | 263 | Framing of charge | modified. Charge to be framed within sixty days of the first hearing on charge |
| 241 | Conviction on plea of guilty | 264 | Conviction on plea of guilty | identical |
| 242 | Evidence for prosecution | 265 | Evidence for prosecution | modified. Proviso: witness may be examined by audio-video electronic means at a designated place notified by the State Government; cross-reference 241 → 264 |
| 243 | Evidence for defence | 266 | Evidence for defence | modified. Proviso: witness may be examined by audio-video electronic means at a designated place notified by the State Government; comma dropped |
| 244 | Evidence for prosecution | 267 | Evidence for prosecution | identical |
| 245 | When accused shall be discharged | 268 | When accused shall be discharged | minor-edit. Cross-reference renumbered |
| 246 | Procedure where accused is not discharged | 269 | Procedure where accused is not discharged | modified. New s.269(7): where prosecution witnesses cannot be secured for cross-examination despite reasonable measures, the Magistrate may close prosecution evidence and proceed on the record |
| 247 | Evidence for defence | 270 | Evidence for defence | minor-edit. Cross-references renumbered |
| 248 | Acquittal or conviction | 271 | Acquittal or conviction | minor-edit. Cross-references renumbered |
| 249 | Absence of complainant | 272 | Absence of complainant | modified. Magistrate to give the complainant thirty days' time to be present before discharging the accused |
| 250 | Compensation for accusation without reasonable cause | 273 | Compensation for accusation without reasonable cause | modified. Appeal threshold for compensation ordered by a Magistrate of the second class raised from ₹100 to ₹2,000; BNS cross-reference |
Chapter XX — Trial of Summons Cases by Magistrates (CrPC Sections 251-259; BNSS Sections 274-282)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 251 | Substance of accusation to be stated | 274 | Substance of accusation to be stated | modified. New proviso: if the accusation is groundless, the Magistrate shall, for recorded reasons, release the accused, with the effect of discharge |
| 252 | Conviction on plea of guilty | 275 | Conviction on plea of guilty | identical |
| 253 | Conviction on plea of guilty in absence of accused in petty cases | 276 | Conviction on plea of guilty in absence of accused in petty cases | minor-edit. Cross-reference renumbered; 'pleader' → 'advocate' |
| 254 | Procedure when not convicted | 277 | Procedure when not convicted | minor-edit. Cross-references renumbered |
| 255 | Acquittal or conviction | 278 | Acquittal or conviction | minor-edit. Cross-references renumbered |
| 256 | Non-appearance or death of complainant | 279 | Non-appearance or death of complainant | modified. Magistrate to give the complainant thirty days' time to be present before acquitting |
| 257 | Withdrawal of complaint | 280 | Withdrawal of complaint | identical |
| 258 | Power to stop proceedings in certain cases | 281 | Power to stop proceedings in certain cases | identical |
| 259 | Power of Court to convert summons-cases into warrant-cases | 282 | Power of Court to convert summons-cases into warrant-cases | minor-edit. 'Code' → 'Sanhita' |
Chapter XXI — Summary Trials (CrPC Sections 260-265; BNSS Sections 283-288)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 260 | Power to try summarily | 283 | Power to try summarily | modified. Summary trial of listed offences now mandatory ('shall') for a CJM or Magistrate of the first class (no special empowerment; Metropolitan Magistrate omitted); value limit for theft/stolen-property offences raised from ₹2,000 to ₹20,000; CrPC s.260(1)(i) class (offences not punishable with more than two years) not carried into s.283(1); new s.283(2): Magistrate may, after hearing the accused, try summarily offences punishable up to three years (no appeal against that decision); cl. (v) now also covers BNS s.351(3) (aggravated criminal intimidation, up to seven years) |
| 261 | Summary trial by Magistrate of the second class | 284 | Summary trial by Magistrate of second class | identical |
| 262 | Procedure for summary trials | 285 | Procedure for summary trials | minor-edit. 'Code' → 'Sanhita' |
| 263 | Record in summary trials | 286 | Record in summary trials | minor-edit. Clause cross-references re-lettered |
| 264 | Judgment in cases tried summarily | 287 | Judgment in cases tried summarily | identical |
| 265 | Language of record and judgment | 288 | Language of record and judgment | identical |
Chapter XXIA — Plea Bargaining (CrPC Sections 265A-265L; BNSS Sections 289-300)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 265A | Application of the Chapter | 289 | Application of the Chapter | modified. Exclusion now covers offences against a 'child' (was 'child below the age of fourteen years'); cross-references updated |
| 265B | Application for plea bargaining | 290 | Application for plea bargaining | modified. Application to be filed within thirty days of framing of charge; time to work out a mutually satisfactory disposition capped at sixty days; "as the case may be" dropped; "in a case" dropped in s.290(2) |
| 265C | Guidelines for mutually satisfactory disposition | 291 | Guidelines for mutually satisfactory disposition | minor-edit. Cross-reference renumbered; 'pleader' → 'advocate'; "may participate" |
| 265D | Report of the mutually satisfactory disposition to be submitted to the Court | 292 | Report of mutually satisfactory disposition | minor-edit. Cross-references renumbered |
| 265E | Disposal of the case | 293 | Disposal of the case | modified. First-time offenders may be sentenced to one-fourth of the minimum punishment, or one-sixth of the punishment provided or extendable |
| 265F | Judgment of the Court | 294 | Judgment of the Court | minor-edit. Cross-references renumbered |
| 265G | Finality of the judgment | 295 | Finality of the judgment | minor-edit. Drafting ('under this section') |
| 265H | Power of the Court in plea bargaining | 296 | Power of the Court in plea bargaining | minor-edit. 'Code' → 'Sanhita' |
| 265-I | Period of detention undergone by the accused to be set-off against the sentence of imprisonment | 297 | Period of detention set off against sentence | minor-edit. Cross-reference renumbered (s.428 → s.468) |
| 265J | Savings | 298 | Savings | minor-edit. Cross-references renumbered |
| 265K | Statements of the accused not to be used | 299 | Statements of accused not to be used | minor-edit. Cross-references renumbered |
| 265L | Non-application of the Chapter | 300 | Non-application of the Chapter | minor-edit. Juvenile Justice (Care and Protection of Children) Act, 2015 reference (was 2000 Act); JJ Act 2000 → 2015; "clause (k) of" dropped |
Chapter XXII — Attendance of Persons Confined or Detained in Prisons (CrPC Sections 266-271; BNSS Sections 301-306)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 266 | Definitions | 301 | Definitions | minor-edit. "other institution of a like nature" |
| 267 | Power to require attendance of prisoners | 302 | Power to require attendance of prisoners | minor-edit. 'Code' → 'Sanhita'; "or, as the case may be," dropped; ", or" → "; or" |
| 268 | Power of State Government to exclude certain persons from operation of section 267 | 303 | Power of State/Central Government to exclude certain persons | expanded. Central Government also empowered |
| 269 | Officer in charge of prison to abstain from carrying out order in certain contingencies | 304 | Officer in charge of prison to abstain in certain contingencies | expanded. Also refers to orders of the Central Government under s.303 |
| 270 | Prisoner to be brought to Court in custody | 305 | Prisoner to be brought to Court in custody | minor-edit. Cross-references renumbered |
| 271 | Power to issue commission for examination of witness in prison | 306 | Power to issue commission for examination of witness in prison | minor-edit. Cross-references renumbered |
Chapter XXIII — Evidence in Inquiries and Trials (CrPC Sections 272-299; BNSS Sections 307-336)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 272 | Language of Courts | 307 | Language of Courts | minor-edit. 'Code' → 'Sanhita' |
| 273 | Evidence to be taken in presence of accused | 308 | Evidence to be taken in presence of accused | modified. Evidence may be taken in the presence of the accused's advocate including through audio-video electronic means at a designated place notified by the State Government |
| 274 | Record in summons-cases and inquiries | 309 | Record in summons-cases and inquiries | minor-edit. Cross-references renumbered |
| 275 | Record in warrant-cases | 310 | Record in warrant-cases | identical |
| 276 | Record in trial before Court of Session | 311 | Record in trial before Court of Session | identical |
| 277 | Language of record of evidence | 312 | Language of record of evidence | minor-edit. Cross-references renumbered |
| 278 | Procedure in regard to such evidence when completed | 313 | Procedure in regard to such evidence when completed | minor-edit. Cross-references renumbered; 'pleader' → 'advocate' |
| 279 | Interpretation of evidence to accused or his pleader | 314 | Interpretation of evidence to accused or his advocate | minor-edit. 'pleader' → 'advocate' |
| 280 | Remarks respecting demeanour of witness | 315 | Remarks respecting demeanour of witness | identical |
| 281 | Record of examination of accused | 316 | Record of examination of accused | modified. Separate memorandum procedure for Metropolitan Magistrates omitted; proviso: where an accused in custody is examined through electronic communication, signature to be taken within seventy-two hours |
| 282 | Interpreter to be bound to interpret truthfully | 317 | Interpreter to be bound to interpret truthfully | identical |
| 283 | Record in High Court | 318 | Record in High Court | identical |
| 284 | When attendance of witness may be dispensed with and commission issued | 319 | When attendance of witness may be dispensed with | minor-edit. 'Code' → 'Sanhita'; 'pleader' → 'advocate' |
| 285 | Commission to whom to be issued | 320 | Commission to whom to be issued | minor-edit. Metropolitan Magistrate references omitted |
| 286 | Execution of commissions | 321 | Execution of commissions | minor-edit. Metropolitan Magistrate references omitted |
| 287 | Parties may examine witnesses | 322 | Parties may examine witnesses | minor-edit. 'Code' → 'Sanhita'; 'pleader' → 'advocate' |
| 288 | Return of commission | 323 | Return of commission | minor-edit. Cross-references updated to BNSS and BSA 2023 |
| 289 | Adjournment of proceeding | 324 | Adjournment of proceeding | minor-edit. Cross-references renumbered |
| 290 | Execution of foreign commissions | 325 | Execution of foreign commissions | minor-edit. Cross-references renumbered |
| 291 | Deposition of medical witness | 326 | Deposition of medical witness | minor-edit. 'Code' → 'Sanhita'; "of a civil surgeon" |
| 291A | Identification report of Magistrate | 327 | Identification report of Magistrate | minor-edit. Cross-references updated to BSA 2023; "as the case may be" dropped |
| 292 | Evidence of officers of the Mint | 328 | Evidence of officers of Mint | modified. Report must be under the hand of a gazetted officer; cross-references updated to BSA 2023 |
| 293 | Reports of certain Government scientific experts | 329 | Reports of certain Government scientific experts | expanded. Clause (g) now covers any scientific expert specified or certified by the State Government or the Central Government |
| 294 | No formal proof of certain documents | 330 | No formal proof of certain documents | modified. Documents to be admitted or denied within thirty days of supply (relaxable); no expert to be called unless the expert's report is disputed |
| 295 | Affidavit in proof of conduct of public servants | 331 | Affidavit in proof of conduct of public servants | minor-edit. 'Code' → 'Sanhita' |
| 296 | Evidence of formal character on affidavit | 332 | Evidence of formal character on affidavit | minor-edit. 'Code' → 'Sanhita' |
| 297 | Authorities before whom affidavits may be sworn | 333 | Authorities before whom affidavits may be sworn | minor-edit. 'Code' → 'Sanhita' |
| 298 | Previous conviction or acquittal how proved | 334 | Previous conviction or acquittal how proved | minor-edit. 'Code' → 'Sanhita' |
| 299 | Record of evidence in absence of accused | 335 | Record of evidence in absence of accused | identical |
| — | — | 336 | Evidence of public servants, experts, police officers in certain cases | new-provision |
Chapter XXIV — General Provisions as to Inquiries and Trials (CrPC Sections 300-327; BNSS Sections 337-366)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 300 | Person once convicted or acquitted not to be tried for same offence | 337 | Person once convicted or acquitted not to be tried for same offence | minor-edit. Cross-references renumbered |
| 301 | Appearance by Public Prosecutors | 338 | Appearance by Public Prosecutors | minor-edit. 'pleader' → 'advocate' |
| 302 | Permission to conduct prosecution | 339 | Permission to conduct prosecution | minor-edit. 'pleader' → 'advocate' |
| 303 | Right of person against whom proceedings are instituted to be defended | 340 | Right of person to be defended | minor-edit. 'Code' → 'Sanhita'; 'pleader' → 'advocate' |
| 304 | Legal aid to accused at State expense in certain cases | 341 | Legal aid to accused at State expense in certain cases | expanded. Legal aid applies in a trial or appeal before a Court (was trial before the Court of Session) |
| 305 | Procedure when corporation or registered society is an accused | 342 | Procedure when corporation or society is accused | minor-edit. Appointment statement may also be signed by a person duly authorised by the managing director |
| 306 | Tender of pardon to accomplice | 343 | Tender of pardon to accomplice | modified. Metropolitan Magistrate omitted; Special Judge courts now those 'appointed under any other law for the time being in force' (was Criminal Law Amendment Act, 1952) |
| 307 | Power to direct tender of pardon | 344 | Power to direct tender of pardon | identical |
| 308 | Trial of person not complying with conditions of pardon | 345 | Trial of person not complying with conditions of pardon | minor-edit. Cross-references renumbered |
| 309 | Power to postpone or adjourn proceedings | 346 | Power to postpone or adjourn proceedings | modified. New proviso (b): where circumstances are beyond a party's control, not more than two adjournments, after hearing objections and for recorded reasons; fifteen-day remand limit now refers to any 'Court' (was 'Magistrate'); BNS references |
| 310 | Local inspection | 347 | Local inspection | identical |
| 311 | Power to summon material witness or examine person present | 348 | Power to summon material witness or examine person present | minor-edit. "this Code" → "this Sanhita"; "recall" → "re-call" (twice) |
| 311A | Power of Magistrate to order person to give specimen signatures or handwriting | 349 | Power of Magistrate to order specimen signatures or handwriting | modified. Adds finger impressions and voice samples; Magistrate may order a person to give samples without being arrested |
| 312 | Expenses of complainants and witnesses | 350 | Expenses of complainants and witnesses | minor-edit. 'Code' → 'Sanhita' |
| 313 | Power to examine the accused | 351 | Power to examine accused | minor-edit. Heading drops "the"; proviso "summons-case" → "summons case" |
| 314 | Oral arguments and memorandum of arguments | 352 | Oral arguments and memorandum of arguments | identical |
| 315 | Accused person to be competent witness | 353 | Accused person to be competent witness | minor-edit. Cross-references renumbered |
| 316 | No influence to be used to induce disclosure | 354 | No influence to be used to induce disclosure | minor-edit. Cross-references renumbered |
| 317 | Provision for inquiries and trial being held in the absence of accused in certain cases | 355 | Provision for inquiries and trial being held in absence of accused in certain cases | modified. Explanation: personal attendance includes attendance through audio-video electronic means; "pleader" → "advocate" |
| — | — | 356 | Inquiry, trial or judgment in absentia of proclaimed offender | new-provision. Trial in absentia for proclaimed offenders |
| 318 | Procedure where accused does not understand proceedings | 357 | Procedure where accused does not understand proceedings | minor-edit. Drafting |
| 319 | Power to proceed against other persons appearing to be guilty of offence | 358 | Power to proceed against other persons appearing to be guilty of offence | identical |
| 320 | Compounding of offences | 359 | Compounding of offences | modified. Tables updated for BNS sections: the adultery (IPC 497) row is dropped and the IPC 428/429 rows merge into one row for BNS 325; sub-s. (3) now refers to BNS ss.3(5)/190 (for IPC 34/149), sub-s. (4)(a) reads "a child or of unsound mind", sub-s. (6) refers to s.442 (for s.401) |
| 321 | Withdrawal from prosecution | 360 | Withdrawal from prosecution | modified. Proviso clause (ii) now 'investigated under any Central Act' (was Delhi Special Police Establishment); new proviso: no withdrawal without hearing the victim |
| 322 | Procedure in cases which Magistrate cannot dispose of | 361 | Procedure in cases Magistrate cannot dispose of | identical |
| 323 | Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed | 362 | Procedure when Magistrate finds case should be committed | minor-edit. Cross-references renumbered |
| 324 | Trial of persons previously convicted of offences against coinage, stamp-law or property | 363 | Trial of persons previously convicted of offences against coinage, stamp-law or property | minor-edit. Cross-references renumbered |
| 325 | Procedure when Magistrate cannot pass sentence sufficiently severe | 364 | Procedure when Magistrate cannot pass sentence sufficiently severe | minor-edit. 'or bail bond' added; cross-reference renumbered |
| 326 | Conviction or commitment on evidence partly recorded by one Magistrate and partly by another | 365 | Conviction or commitment on evidence partly recorded by one Magistrate and partly by another | minor-edit. Cross-references renumbered |
| 327 | Court to be open | 366 | Court to be open | expanded. In-camera trial extended to POCSO ss.4, 6, 8, 10; BNS references; BNS 69 is not in the in-camera list |
Chapter XXV — Provisions as to Accused Persons of Unsound Mind (CrPC Sections 328-339; BNSS Sections 367-378)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 328 | Procedure in case of accused being lunatic | 367 | Procedure in case of accused being person of unsound mind | modified. "Mental retardation" replaced by "intellectual disability"; referral psychiatrist or clinical psychologist must be of a Government hospital or Government medical college, and the Medical Board member from the nearest Government medical college; sub-sections renumbered |
| 329 | Procedure in case of person of unsound mind tried before Court | 368 | Procedure in case of person of unsound mind tried before Court | modified. Medical Board member now from the nearest Government medical college; "mental retardation" replaced by "intellectual disability"; cross-references renumbered; "psychiatrist"; "Court of Session" |
| 330 | Release of person of unsound mind pending investigation or trial | 369 | Release of person of unsound mind pending investigation or trial | minor-edit. "Lunatic asylum" replaced by "public mental health establishment"; Mental Health Act, 1987 reference replaced by Mental Healthcare Act, 2017; "intellectual disability" terminology; cross-references renumbered |
| 331 | Resumption of inquiry or trial | 370 | Resumption of inquiry or trial | minor-edit. Cross-references renumbered |
| 332 | Procedure on accused appearing before Magistrate or Court | 371 | Procedure on accused appearing before Magistrate or Court | minor-edit. Cross-references renumbered; "incapable of making" |
| 333 | When accused appears to have been of sound mind | 372 | When accused appears to have been of sound mind | identical |
| 334 | Judgment of acquittal on ground of unsoundness of mind | 373 | Judgment of acquittal on ground of unsoundness of mind | identical |
| 335 | Person acquitted on such ground to be detained in safe custody | 374 | Person acquitted on ground of unsoundness of mind to be detained in safe custody | minor-edit. "Lunatic asylum" replaced by "public mental health establishment"; Indian Lunacy Act, 1912 reference replaced by Mental Healthcare Act, 2017 |
| 336 | Power of State Government to empower officer-in-charge to discharge | 375 | Power of State Government to empower officer in charge to discharge | minor-edit. Cross-references renumbered |
| 337 | Procedure where lunatic prisoner is reported capable of making his defence | 376 | Procedure where prisoner of unsound mind is reported capable of making his defence | modified. Certificate of fitness in a public mental health establishment now from the Mental Health Review Board under the Mental Healthcare Act, 2017 (CrPC: visitors of the asylum); terminology updated |
| 338 | Procedure where lunatic detained is declared fit to be released | 377 | Procedure where person of unsound mind detained is declared fit to be released | minor-edit. "Lunatic asylum" replaced by "public mental health establishment"; cross-references renumbered; ss.376 and 377(1) still refer to "visitors" |
| 339 | Delivery of lunatic to care of relative or friend | 378 | Delivery of person of unsound mind to care of relative or friend | minor-edit |
Chapter XXVI — Provisions as to Offences Affecting Administration of Justice (CrPC Sections 340-352; BNSS Sections 379-391)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 340 | Procedure in cases mentioned in section 195 | 379 | Procedure in cases mentioned in section 215 | minor-edit |
| 341 | Appeal | 380 | Appeal | minor-edit. Cross-references renumbered |
| 342 | Power to order costs | 381 | Power to order costs | minor-edit. Cross-references renumbered |
| 343 | Procedure of Magistrate taking cognizance | 382 | Procedure of Magistrate taking cognizance | minor-edit. Cross-references renumbered |
| 344 | Summary procedure for trial for giving false evidence | 383 | Summary procedure for trial for giving false evidence | modified. Maximum fine on summary trial raised from five hundred to one thousand rupees |
| 345 | Procedure in certain cases of contempt | 384 | Procedure in certain cases of contempt | modified. Maximum fine raised from two hundred to one thousand rupees; IPC section references replaced by BNS sections 210, 213, 214, 215 and 267; "or the same day" → "on the same day" |
| 346 | Procedure where Court considers that case should not be dealt with under section 345 | 385 | Procedure where Court considers that case should not be dealt with under section 384 | minor-edit. Cross-references renumbered; s.385(1) still reads "a fine exceeding two hundred rupees" although s.384 now allows ₹1,000 |
| 347 | When Registrar or Sub-Registrar to be deemed a Civil Court | 386 | When Registrar or Sub-Registrar to be deemed a Civil Court | minor-edit. Cross-references renumbered |
| 348 | Discharge of offender on submission of apology | 387 | Discharge of offender on submission of apology | minor-edit. Cross-references renumbered |
| 349 | Imprisonment or committal of person refusing to answer or produce document | 388 | Imprisonment or committal of person refusing to answer or produce document | minor-edit. Cross-references renumbered |
| 350 | Summary procedure for punishment for non-attendance by a witness in obedience to summons | 389 | Summary procedure for punishment for non-attendance by a witness in obedience to summons | modified. Maximum fine raised from one hundred to five hundred rupees; "interest" → "interests" |
| 351 | Appeals from convictions under sections 344, 345, 349 and 350 | 390 | Appeals from convictions under sections 383, 384, 388 and 389 | minor-edit. Cross-references renumbered; "Code" replaced by "Sanhita" |
| 352 | Certain Judges and Magistrates not to try certain offences when committed before themselves | 391 | Certain Judges and Magistrates not to try certain offences when committed before themselves | minor-edit. Cross-references renumbered |
Chapter XXVII — The Judgment (CrPC Sections 353-365; BNSS Sections 392-406)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 353 | Judgment | 392 | Judgment | modified. Judgment pronounced at a subsequent time must be not later than forty-five days (the section states no starting point); Court to upload the judgment on its portal within seven days "as far as practicable"; accused in custody may hear judgment through audio-video electronic means; "pleader" replaced by "advocate" |
| 354 | Language and contents of judgment | 393 | Language and contents of judgment | minor-edit. "Code" replaced by "Sanhita"; IPC references replaced by BNS; cross-references renumbered |
| 355 | Metropolitan Magistrate's judgment | — | — | abolished. No BNSS counterpart; the BNSS contains no provision for Metropolitan Magistrates |
| 356 | Order for notifying address of previously convicted offender | 394 | Order for notifying address of previously convicted offender | expanded. Applies on a repeat conviction for any offence punishable with imprisonment of three years or upwards (CrPC confined it to listed IPC sections and Chapters); "abatement" (as printed in the India Code CrPC) → "abetment"; "shall also apply to" |
| 357 | Order to pay compensation | 395 | Order to pay compensation | minor-edit. "expenses of properly incurred" (as printed in the India Code CrPC) → "expenses properly incurred"; comma added in sub-s. (2) |
| 357A | Victim compensation scheme | 396 | Victim compensation scheme | merged. Sub-sections (1)–(6) reproduce CrPC s.357A (cross-reference to s.357 renumbered to s.395); sub-section (7) absorbs CrPC s.357B |
| 357B | Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code | 396 | Victim compensation scheme | merged. Now s.396(7); IPC references replaced by BNS sections 65, 70 and 124(1); s.65 also covers rape of a woman under sixteen (IPC s.376(3), not in the s.357B list); "under section 357A" → "under this section" |
| 357C | Treatment of victims | 397 | Treatment of victims | expanded. IPC references replaced by BNS sections; now also covers victims of offences under sections 4, 6, 8 and 10 of the POCSO Act, 2012 |
| — | — | 398 | Witness protection scheme | new-provision |
| 358 | Compensation to persons groundlessly arrested | 399 | Compensation to persons groundlessly arrested | identical |
| 359 | Order to pay costs in non-cognizable cases | 400 | Order to pay costs in non-cognizable cases | minor-edit. "Pleader's fees" replaced by "advocate's fees" |
| 360 | Order to release on probation of good conduct or after admonition | 401 | Order to release on probation of good conduct or after admonition | minor-edit. "Bond, with or without sureties" replaced by "bond or bail bond"; IPC references replaced by BNS; Probation of Offenders Act/Children Act reference updated to Juvenile Justice (Care and Protection of Children) Act, 2015; cross-references renumbered |
| 361 | Special reasons to be recorded in certain cases | 402 | Special reasons to be recorded in certain cases | minor-edit. Cross-reference renumbered; Children Act reference updated to Juvenile Justice (Care and Protection of Children) Act, 2015 |
| 362 | Court not to alter judgment | 403 | Court not to alter judgment | minor-edit. "Code" replaced by "Sanhita" |
| 363 | Copy of judgment to be given to the accused and other persons | 404 | Copy of judgment to be given to accused and other persons | expanded. Heading drops "the"; new second proviso to sub-section (5): Court may give the Government a free certified copy on the Prosecuting Officer's application; cross-reference renumbered |
| 364 | Judgment when to be translated | 405 | Judgment when to be translated | expanded. Translation to be added if "either party" requires it (CrPC: if the accused requires it) |
| 365 | Court of Session to send copy of finding and sentence to District Magistrate | 406 | Court of Session to send copy of finding and sentence to District Magistrate | identical |
Chapter XXVIII — Submission of Death Sentences for Confirmation (CrPC Sections 366-371; BNSS Sections 407-412)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 366 | Sentence of death to be submitted by Court of Session for confirmation | 407 | Sentence of death to be submitted by Court of Session for confirmation | minor-edit. Proceedings to be submitted to the High Court "forthwith" |
| 367 | Power to direct further inquiry to be made or additional evidence to be taken | 408 | Power to direct further inquiry to be made or additional evidence to be taken | identical |
| 368 | Power of High Court to confirm sentence or annul conviction | 409 | Power of High Court to confirm sentence or annul conviction | minor-edit. Cross-reference renumbered |
| 369 | Confirmation or new sentence to be signed by two Judges | 410 | Confirmation or new sentence to be signed by two Judges | identical |
| 370 | Procedure in case of difference of opinion | 411 | Procedure in case of difference of opinion | minor-edit. Cross-reference renumbered |
| 371 | Procedure in cases submitted to High Court for confirmation | 412 | Procedure in cases submitted to High Court for confirmation | minor-edit. Order may be sent "either physically or through electronic means" |
Chapter XXIX — Appeals (CrPC Sections 372-394; BNSS Sections 413-435)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 372 | No appeal to lie unless otherwise provided | 413 | No appeal to lie unless otherwise provided | minor-edit. "Code" replaced by "Sanhita" (the victim's right of appeal in the proviso is carried over from CrPC s.372); reads "by this Sanhita or by any other law" (the India Code CrPC text lacks "or") |
| 373 | Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour | 414 | Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour | minor-edit. Cross-references renumbered |
| 374 | Appeals from convictions | 415 | Appeals from convictions | minor-edit. References to Metropolitan Magistrate and Assistant Sessions Judge dropped; IPC references replaced by BNS; cross-references renumbered |
| 375 | No appeal in certain cases when accused pleads guilty | 416 | No appeal in certain cases when accused pleads guilty | minor-edit. Reference to Metropolitan Magistrate dropped; cross-reference renumbered |
| 376 | No appeal in petty cases | 417 | No appeal in petty cases | modified. High Court threshold reduced from six months' to three months' imprisonment; reference to Metropolitan Magistrate dropped; cross-references renumbered; "Notwithstanding anything"; "any such sentence" |
| 377 | Appeal by the State Government against sentence | 418 | Appeal by State Government against sentence | minor-edit. Delhi Special Police Establishment reference replaced by "any agency empowered to make investigation into an offence under any Central Act"; IPC references replaced by BNS |
| 378 | Appeal in case of acquittal | 419 | Appeal in case of acquittal | minor-edit. Delhi Special Police Establishment reference replaced by "any agency empowered to make investigation into an offence under any Central Act"; "Code" replaced by "Sanhita"; "in any case" → "in a case" in sub-s. (2) |
| 379 | Appeal against conviction by High Court in certain cases | 420 | Appeal against conviction by High Court in certain cases | identical |
| 380 | Special right of appeal in certain cases | 421 | Special right of appeal in certain cases | identical |
| 381 | Appeal to Court of Session how heard | 422 | Appeal to Court of Session how heard | minor-edit. Reference to Assistant Sessions Judge dropped |
| 382 | Petition of appeal | 423 | Petition of appeal | minor-edit. "Pleader" replaced by "advocate" |
| 383 | Procedure when appellant in jail | 424 | Procedure when appellant in jail | identical |
| 384 | Summary dismissal of appeal | 425 | Summary dismissal of appeal | minor-edit. Cross-references renumbered; "pleader" replaced by "advocate" |
| 385 | Procedure for hearing appeals not dismissed summarily | 426 | Procedure for hearing appeals not dismissed summarily | minor-edit. Cross-references renumbered; "pleader" replaced by "advocate" |
| 386 | Powers of the Appellate Court | 427 | Powers of Appellate Court | minor-edit. Cross-references renumbered; "pleader" replaced by "advocate" |
| 387 | Judgments of Subordinate Appellate Court | 428 | Judgments of subordinate Appellate Court | minor-edit. Chapter reference renumbered |
| 388 | Order of High Court on appeal to be certified to lower Court | 429 | Order of High Court on appeal to be certified to lower Court | identical |
| 389 | Suspension of sentence pending the appeal; release of appellant on bail | 430 | Suspension of sentence pending appeal; release of appellant on bail | minor-edit. Sub-s. (1) keeps "on bail" and adds "or bail bond" ("on bail, or on his own bond or bail bond"); first proviso "on bail or on his own bond" → "on his own bond or bail bond"; heading drops "the"; no new timeline |
| 390 | Arrest of accused in appeal from acquittal | 431 | Arrest of accused in appeal from acquittal | minor-edit. Cross-reference renumbered |
| 391 | Appellate Court may take further evidence or direct it to be taken | 432 | Appellate Court may take further evidence or direct it to be taken | minor-edit. Chapter reference renumbered; "pleader" replaced by "advocate" |
| 392 | Procedure where Judges of Court of Appeal are equally divided | 433 | Procedure where Judges of Court of appeal are equally divided | identical |
| 393 | Finality of judgments and orders on appeal | 434 | Finality of judgments and orders on appeal | minor-edit. Cross-references renumbered |
| 394 | Abatement of appeals | 435 | Abatement of appeals | minor-edit. Cross-references renumbered |
Chapter XXX — Reference and Revision (CrPC Sections 395-405; BNSS Sections 436-445)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 395 | Reference to High Court | 436 | Reference to High Court | minor-edit. Reference to Metropolitan Magistrate dropped |
| 396 | Disposal of case according to decision of High Court | 437 | Disposal of case according to decision of High Court | identical |
| 397 | Calling for records to exercise powers of revision | 438 | Calling for records to exercise powers of revision | minor-edit. "Bail or ... own bond" replaced by "bond or bail bond"; cross-reference renumbered |
| 398 | Power to order inquiry | 439 | Power to order inquiry | minor-edit. Cross-references renumbered |
| 399 | Sessions Judge's powers of revision | 440 | Sessions Judge's powers of revision | minor-edit. Cross-references renumbered |
| 400 | Power of Additional Sessions Judge | 441 | Power of Additional Sessions Judge | identical |
| 401 | High Court's powers of revision | 442 | High Court's powers of revision | minor-edit. Cross-references renumbered; "Code" replaced by "Sanhita"; "pleader" replaced by "advocate" |
| 402 | Power of High Court to withdraw or transfer revision cases | 443 | Power of High Court to withdraw or transfer revision cases | identical |
| 403 | Option of Court to hear parties | 444 | Option of Court to hear parties | minor-edit. "Code" replaced by "Sanhita"; "pleader" replaced by "advocate" |
| 404 | Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court | — | — | abolished. No BNSS counterpart; the BNSS contains no provision for Metropolitan Magistrates |
| 405 | High Court's order to be certified to lower Court | 445 | High Court's order to be certified to lower Court | minor-edit. Cross-reference renumbered |
Chapter XXXI — Transfer of Criminal Cases (CrPC Sections 406-412; BNSS Sections 446-452)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 406 | Power of Supreme Court to transfer cases and appeals | 446 | Power of Supreme Court to transfer cases and appeals | modified. Cap of one thousand rupees on compensation for a frivolous or vexatious transfer application removed |
| 407 | Power of High Court to transfer cases and appeals | 447 | Power of High Court to transfer cases and appeals | modified. Cap of one thousand rupees on compensation for a frivolous or vexatious transfer application removed; "bond, with or without sureties" replaced by "bond or bail bond"; cross-references renumbered |
| 408 | Power of Sessions Judge to transfer cases and appeals | 448 | Power of Sessions Judge to transfer cases and appeals | modified. Compensation cap for a frivolous or vexatious application to the Sessions Judge raised from two hundred and fifty rupees to ten thousand rupees; cross-references renumbered |
| 409 | Withdrawal of cases and appeals by Session Judge (as printed in the India Code CrPC) | 449 | Withdrawal of cases and appeals by Sessions Judges | minor-edit. Reference to Assistant Sessions Judge dropped; "Code" replaced by "Sanhita" |
| 410 | Withdrawal of cases by Judicial Magistrate | 450 | Withdrawal of cases by Judicial Magistrates | minor-edit. Cross-reference renumbered |
| 411 | Making over or withdrawal of cases by Executive Magistrates | 451 | Making over or withdrawal of cases by Executive Magistrates | minor-edit. "Sub- Divisional" → "Sub-divisional" |
| 412 | Reasons to be recorded | 452 | Reasons to be recorded | minor-edit. Cross-references renumbered |
Chapter XXXII — Execution, Suspension, Remission and Commutation (CrPC Sections 413-435; BNSS Sections 453-477)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 413 | Execution of order passed under section 368 | 453 | Execution of order passed under section 409 | minor-edit. Cross-reference renumbered |
| 414 | Execution of sentence of death passed by High Court | 454 | Execution of sentence of death by High Court | identical |
| 415 | Postponement of execution of sentence of death in case of appeal to Supreme Court | 455 | Postponement of execution in case of appeal | identical |
| 416 | Postponement of capital sentence on pregnant woman | 456 | Commutation of sentence of death on pregnant woman | minor-edit. Heading changed from "Postponement" to "Commutation"; body text (High Court shall commute the sentence to imprisonment for life) unchanged |
| 417 | Power to appoint place of imprisonment | 457 | Power to appoint place of imprisonment | minor-edit. "Code" replaced by "Sanhita"; Provincial Insolvency Act, 1920 references dropped |
| 418 | Execution of sentence of imprisonment | 458 | Execution of sentence of imprisonment | minor-edit. Cross-reference renumbered |
| 419 | Direction of warrant for execution | 459 | Direction of warrant for execution | identical |
| 420 | Warrant with whom to be lodged | 460 | Warrant with whom to be lodged | identical |
| 421 | Warrant for levy of fine | 461 | Warrant for levy of fine | minor-edit. Words "but no such payment has been made" added; cross-reference renumbered |
| 422 | Effect of such warrant | 462 | Effect of such warrant | minor-edit. Cross-reference renumbered |
| 423 | Warrant for levy of fine issued by a Court in any territory to which this Code does not extend | 463 | Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend | minor-edit. "Code" replaced by "Sanhita"; cross-reference renumbered |
| 424 | Suspension of execution of sentence of imprisonment | 464 | Suspension of execution of sentence of imprisonment | minor-edit. "Bond, with or without sureties" replaced by "bond or bail bond" |
| 425 | Who may issue warrant | 465 | Who may issue warrant | identical |
| 426 | Sentence on escaped convict when to take effect | 466 | Sentence on escaped convict when to take effect | minor-edit. "Code" replaced by "Sanhita" |
| 427 | Sentence on offender already sentenced for another offence | 467 | Sentence on offender already sentenced for another offence | minor-edit. Cross-reference renumbered |
| 428 | Period of detention undergone by the accused to be set off against the sentence of imprisonment | 468 | Period of detention undergone by accused to be set off against sentence of imprisonment | minor-edit. Cross-reference renumbered |
| 429 | Saving | 469 | Saving | minor-edit. Cross-references renumbered |
| 430 | Return of warrant on execution of sentence | 470 | Return of warrant on execution | identical |
| 431 | Money ordered to be paid recoverable as a fine | 471 | Money ordered to be paid recoverable as a fine | minor-edit. "Code" replaced by "Sanhita"; cross-references renumbered |
| — | — | 472 | Mercy petition in death sentence cases | new-provision. Statutory framework for mercy petitions |
| 432 | Power to suspend or remit sentences | 473 | Power to suspend or remit sentences | modified. Proviso to sub-section (5) now applies to a sentence on any person above eighteen years (CrPC: male person); cross-reference renumbered |
| 433 | Power to commute sentence | 474 | Power to commute sentence | modified. Commutation ladder rewritten: death to imprisonment for life; life to not less than seven years; seven years or more to not less than three years; less than seven years to fine; rigorous to simple imprisonment (CrPC also allowed fine); CrPC 433(b) allowed life → up to fourteen years or fine |
| 433A | Restriction on powers of remission or commutation in certain cases | 475 | Restriction on powers of remission or commutation in certain cases | minor-edit. Cross-references renumbered |
| 434 | Concurrent power of Central Government in case of death sentences | 476 | Concurrent power of Central Government in case of death sentences | minor-edit. Cross-references renumbered |
| 435 | State Government to act after consultation with Central Government in certain cases | 477 | State Government to act after concurrence with Central Government in certain cases | modified. "Consultation" with the Central Government replaced by "concurrence"; Delhi Special Police Establishment named in CrPC 435(1)(a) alongside "any other agency empowered…" is no longer named |
Chapter XXXIII — Bail and Bonds (CrPC Sections 436-450; BNSS Sections 478-496)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 436 | In what cases bail to be taken | 478 | In what cases bail to be taken | minor-edit. Bond terminology updated ("bond" / "bail bond"); cross-references renumbered |
| 436A | Maximum period for which an undertrial prisoner can be detained | 479 | Maximum period for which under-trial prisoner can be detained | modified. First-time offender to be released on bond after one-third of the maximum period; offences punishable with life imprisonment also excluded; s.479(2) bars release where investigation, inquiry or trial in more than one offence or in multiple cases is pending; jail Superintendent to apply to the Court (s.479(3)) |
| 437 | When bail may be taken in case of non-bailable offence | 480 | When bail may be taken in case of non-bailable offence | modified. "Under the age of sixteen years" replaced by "a child"; new proviso that need for police custody beyond the first fifteen days is not by itself a ground to refuse bail; previous-conviction limb reworded to "three years or more but less than seven years"; IPC references replaced by BNS |
| 437A | Bail to require accused to appear before next appellate Court | 481 | Bail to require accused to appear before Appellate Court | minor-edit. "Next appellate Court" replaced by "Appellate Court"; bond terminology updated |
| 438 | Direction for grant of bail to person apprehending arrest | 482 | Direction for grant of bail to person apprehending arrest | minor-edit. Cross-reference renumbered; sub-section (4) exclusion now refers to BNS section 65 and section 70(2) |
| 439 | Special powers of High Court or Court of Session regarding bail | 483 | Special powers of High Court or Court of Session regarding bail | minor-edit. Cross-references renumbered; IPC references replaced by BNS section 65 and section 70(2); sub-sections renumbered |
| 440 | Amount of bond and reduction thereof | 484 | Amount of bond and reduction thereof | identical |
| 441 | Bond of accused and sureties | 485 | Bond of accused and sureties | minor-edit. Bond terminology updated ("bond or bail bond") |
| 441A | Declaration by sureties | 486 | Declaration by sureties | identical |
| 442 | Discharge from custody | 487 | Discharge from custody | minor-edit. Bond terminology updated; cross-references renumbered |
| 443 | Power to order sufficient bail when that first taken is insufficient | 488 | Power to order sufficient bail | identical |
| 444 | Discharge of sureties | 489 | Discharge of sureties | identical |
| 445 | Deposit instead of recognizance | 490 | Deposit instead of recognizance | minor-edit. "Bond, with or without sureties" replaced by "bond or bail bond" |
| 446 | Procedure when bond has been forfeited | 491 | Procedure when bond has been forfeited | minor-edit. Sub-section (1) restructured into clauses; "Code" replaced by "Sanhita"; cross-references renumbered |
| 446A | Cancellation of bond and bail bond | 492 | Cancellation of bond and bail bond | minor-edit. Cross-reference renumbered; "Code" replaced by "Sanhita"; "or bail bond" added |
| 447 | Procedure in case of insolvency of death of surety or when a bond is forfeited | 493 | Procedure in case of insolvency or death of surety or when a bond is forfeited | minor-edit. "Code" replaced by "Sanhita"; cross-reference renumbered |
| 448 | Bond required from minor | 494 | Bond required from child | minor-edit. "Minor" replaced by "child" |
| 449 | Appeal from orders under section 446 | 495 | Appeal from orders under section 491 | minor-edit. Cross-reference renumbered |
| 450 | Power to direct levy of amount due on certain recognizances | 496 | Power to direct levy of amount due on certain recognizances | identical |
Chapter XXXIV — Disposal of Property (CrPC Sections 451-459; BNSS Sections 497-505)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 451 | Order for custody and disposal of property pending trial in certain cases | 497 | Order for custody and disposal of property pending trial in certain cases | expanded. Now extends to the Magistrate empowered to take cognizance or commit and to the investigation stage; new sub-sections (2)–(5): statement of property within fourteen days, photograph/videography, their use as evidence, and disposal order within thirty days |
| 452 | Order for disposal of property at conclusion of trial | 498 | Order for disposal of property at conclusion of trial | expanded. Now extends to conclusion of investigation and to the Magistrate; cross-references renumbered |
| 453 | Payment to innocent purchaser of money found on accused | 499 | Payment to innocent purchaser of money found on accused | modified. Money to be delivered to the purchaser within six months from the date of the order |
| 454 | Appeal against orders under section 452 or 453 | 500 | Appeal against orders under section 498 or 499 | expanded. "by a Court or Magistrate" |
| 455 | Destruction of libellous and other matter | 501 | Destruction of libellous and other matter | minor-edit. IPC references replaced by BNS sections |
| 456 | Power to restore possession of immovable property | 502 | Power to restore possession of immovable property | minor-edit. "Attended by criminal force" reworded to "by use of criminal force"; cross-references renumbered |
| 457 | Procedure by police upon seizure of property | 503 | Procedure by police upon seizure of property | minor-edit. "Code" replaced by "Sanhita" |
| 458 | Procedure where no claimant appears within six months | 504 | Procedure where no claimant appears within six months | modified. "As may be prescribed" replaced by "as the State Government may by rules provide" |
| 459 | Power to sell perishable property | 505 | Power to sell perishable property | modified. Value threshold for summary sale of perishable property raised from five hundred rupees to ten thousand rupees; cross-references renumbered |
Chapter XXXV — Irregular Proceedings (CrPC Sections 460-466; BNSS Sections 506-512)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 460 | Irregularities which do not vitiate proceedings | 506 | Irregularities which do not vitiate proceedings | minor-edit. Cross-references renumbered |
| 461 | Irregularities which vitiate proceedings | 507 | Irregularities which vitiate proceedings | minor-edit. Cross-references renumbered; "or telegraph" dropped |
| 462 | Proceedings in wrong place | 508 | Proceedings in wrong place | identical |
| 463 | Non-compliance with provisions of section 164 or 281 | 509 | Non-compliance with provisions of section 183 or 316 | minor-edit |
| 464 | Effect of omission to frame, or absence of, or error in, charge | 510 | Effect of omission to frame, or absence of, or error in, charge | identical |
| 465 | Finding or sentence when reversible by reason of error, omission or irregularity | 511 | Finding or sentence when reversible by reason of error, omission or irregularity | minor-edit. "Code" replaced by "Sanhita" |
| 466 | Defect or error not to make attachment unlawful | 512 | Defect or error not to make attachment unlawful | minor-edit. "Code" replaced by "Sanhita" |
Chapter XXXVI — Limitation for Taking Cognizance (CrPC Sections 467-473; BNSS Sections 513-519)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 467 | Definitions | 513 | Definitions | minor-edit. Cross-reference renumbered |
| 468 | Bar to taking cognizance after lapse of the period of limitation | 514 | Bar to taking cognizance after lapse of period of limitation | modified. New Explanation: relevant date for limitation is the date of filing the complaint under s.223 or of recording information under s.173 |
| 469 | Commencement of the period of limitation | 515 | Commencement of period of limitation | identical |
| 470 | Exclusion of time in certain cases | 516 | Exclusion of time in certain cases | identical |
| 471 | Exclusion of date on which Court is closed | 517 | Exclusion of date on which Court is closed | identical |
| 472 | Continuing offence | 518 | Continuing offence | identical |
| 473 | Extension of period of limitation in certain cases | 519 | Extension of period of limitation in certain cases | identical |
Chapter XXXVII — Miscellaneous (CrPC Sections 474-484; BNSS Sections 520-531)
| CrPC Section | CrPC Title | BNSS Section | BNSS Title | Change Type |
|---|---|---|---|---|
| 474 | Trials before High Courts | 520 | Trials before High Courts | minor-edit. Cross-reference renumbered |
| 475 | Delivery to commanding officers of persons liable to be tried by Court-martial | 521 | Delivery to commanding officers of persons liable to be tried by Court-martial | minor-edit. "Code" replaced by "Sanhita"; "Military" replaced by "Army" |
| 476 | Forms | 522 | Forms | identical |
| 477 | Power of High Court to make rules | 523 | Power of High Court to make rules | minor-edit. "Prescribed" replaced by "provided by rules made by the State Government" |
| 478 | Power to alter functions allocated to Executive Magistrate in certain cases | 524 | Power to alter functions allocated to Executive Magistrate in certain cases | minor-edit. Cross-references renumbered |
| 479 | Case in which Judge or Magistrate is personally interested | 525 | Cases in which Judge or Magistrate is personally interested | identical |
| 480 | Practising pleader not to sit as Magistrate in certain Courts | 526 | Practising advocate not to sit as Magistrate in certain Courts | minor-edit. "Pleader" replaced by "advocate" |
| 481 | Public servant concerned in sale not to purchase or bid for property | 527 | Public servant concerned in sale not to purchase or bid for property | minor-edit. "Code" replaced by "Sanhita" |
| 482 | Saving of inherent power of High Court | 528 | Saving of inherent powers of High Court | minor-edit. "Code" replaced by "Sanhita" |
| 483 | Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates | 529 | Duty of High Court to exercise continuous superintendence over Courts | expanded. Superintendence now extends to Courts of Session as well as Courts of Judicial Magistrates |
| — | — | 530 | Trial and proceedings to be held in electronic mode | new-provision. All trials, inquiries and proceedings may be held in electronic mode |
| 484 | Repeal and savings | 531 | Repeal and savings | modified. Repeals the CrPC 1973; s.531(2)(a) keeps any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 under the CrPC; the CrPC 484(2)(a) proviso and clause (d) have no counterpart |
New BNSS Provisions (No CrPC Equivalent)
| BNSS Section | Title | Description |
|---|---|---|
| 86 | Identification and attachment of property of proclaimed person | On a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police, the Court may initiate a request to a Court or authority in a contracting State for identification, attachment and forfeiture of a proclaimed person's property under the Chapter VIII procedure |
| 105 | Recording of search and seizure through audio-video electronic means | Search of a place or taking possession of property under Chapter VII or section 185, including the seizure list and its signing by witnesses, must be recorded through audio-video electronic means (preferably mobile phone) and the recording forwarded without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class |
| 107 | Attachment, forfeiture or restoration of property | An investigating police officer may, with the approval of the Superintendent of Police or Commissioner of Police, apply for attachment of property believed to be derived from criminal activity; after a fourteen-day show-cause notice (or by an interim ex parte order) the Court or Magistrate may attach proceeds of crime and direct the District Magistrate to distribute them rateably to persons affected |
| 172 | Persons bound to conform to lawful directions of police | All persons must conform to lawful directions of a police officer given in fulfilment of his duty under Chapter XII (preventive action of the police); a person resisting or disregarding them may be detained or removed and either taken before a Magistrate or, in petty cases, released within twenty-four hours |
| 336 | Evidence of public servants, experts, police officers in certain cases | Where a report or document of a public servant, scientific expert or medical officer is used as evidence and the author has been transferred, retired or died, cannot be found or is incapable of deposing, or securing presence would delay the proceeding, the Court shall secure the successor officer to depose on it; that deposition may be through audio-video electronic means |
| 356 | Inquiry, trial or judgment in absentia of proclaimed offender | Trial in absentia for proclaimed offenders after specified period |
| 398 | Witness protection scheme | Statutory basis for witness protection |
| 472 | Mercy petition in death sentence cases | Statutory framework for processing mercy petitions with timelines |
| 530 | Trial and proceedings to be held in electronic mode | All trials, inquiries and proceedings — including issue, service and execution of summons and warrants, examination of complainant and witnesses, recording of evidence and appellate proceedings — may be held in electronic mode, by electronic communication or audio-video electronic means |
CrPC Sections Abolished (No BNSS Equivalent)
| CrPC Section | Title | Reason for Abolition |
|---|---|---|
| 8 | Metropolitan areas | No BNSS counterpart; the BNSS contains no provision for metropolitan areas or Metropolitan Magistrates |
| 10 | Subordination of Assistant Sessions Judges | No BNSS provision for Assistant Sessions Judges (the term does not appear in the BNSS); the business-distribution and urgent-application rules of CrPC s.10(2)–(3) reappear in BNSS s.8(7)–(8) for Additional Sessions Judges |
| 16-19 | Metropolitan Magistrate provisions (4 sections) | No BNSS counterpart; the BNSS contains no provision for Metropolitan Magistrates |
| 27 | Jurisdiction in the case of juveniles | No corresponding section in the BNSS |
| 153 | Inspection of weights and measures | No corresponding section in the BNSS |
| 355 | Metropolitan Magistrate's judgment | No BNSS counterpart; the BNSS contains no provision for Metropolitan Magistrates |
| 404 | Statement by Metropolitan Magistrate | No BNSS counterpart; the BNSS contains no provision for Metropolitan Magistrates |
How to Use This Table
Transitional applicability: Under Section 531(2)(a) of the BNSS, any appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force (1 July 2024) is to be disposed of, continued, held or made in accordance with the Code of Criminal Procedure, 1973 as in force immediately before that commencement, as if the BNSS had not come into force. On a reading of Section 531, proceedings not pending at commencement are governed by the BNSS. See Offence before 1 July 2024: which law applies.
Finding a section: Use your browser's search function (Ctrl+F / Cmd+F) to locate any CrPC or BNSS section number.
Key structural changes:
- The BNSS contains no provision for Metropolitan Magistrates or metropolitan areas (the word "Metropolitan" does not appear in the enacted text); CrPC sections 8, 16–19, 355 and 404 have no BNSS counterpart
- Electronic modes: information of a cognizable offence may be given by electronic communication (s.173(1)); all trials, inquiries and proceedings — including issue, service and execution of summons and warrants, examination of complainant and witnesses, recording of evidence and appellate proceedings — may be held in electronic mode (s.530)
- Timelines introduced include: charge to be framed within sixty days from the first hearing on charge (ss.251(1)(b) and 263(1)); Sessions judgment within thirty days of completion of arguments, extendable to forty-five days for recorded reasons (s.258(1)); judgment pronounced at a subsequent time not later than forty-five days (s.392(1)); police to inform the informant or victim of the progress of investigation within ninety days (s.193(3)(ii)); further investigation during trial to be completed within ninety days, extendable with the Court's permission (s.193(9) proviso)
- Search of a place or seizure of property under Chapter VII or s.185 must be recorded through audio-video electronic means (s.105); a confession or statement under s.183(1) may also be recorded by audio-video electronic means (proviso to s.183(1)) — this is permissive, not mandatory
- Trial in absentia is now permissible for proclaimed offenders
- For offences punishable for seven years or more, the officer in charge of the police station must cause a forensic expert to visit the crime scene to collect forensic evidence and have the process videographed, from such date as the State Government notifies within five years (s.176(3))
Change type guide:
- identical: Text identical apart from the section number (trivial drafting such as "anything contained in" → "anything in" disregarded)
- minor-edit: Drafting or reference updates without affecting legal substance — e.g. "Code" → "Sanhita", "pleader" → "advocate", renumbered cross-references, IPC references replaced by BNS
- modified: Substantive changes to scope, procedure, or timelines
- expanded: New sub-sections or broader coverage
- narrowed: Scope reduced
- merged: Multiple CrPC sections consolidated into one BNSS section
- new-provision: BNSS section with no CrPC predecessor
- abolished: CrPC section with no BNSS successor
Internal links: Individual section analysis pages use flat URLs of the form /old-law-new-law/section-{number}-{topic} (for example /old-law-new-law/section-438-anticipatory-bail).
Section-by-section pages
In-depth pages for individual provisions, ordered by old section number. Each page sets out the statutory text of both Acts, what changed, how the provision works and the Supreme Court judgments on it.
- Section 2 CrPC vs Section 2 BNSS — Definitions
- Sections 3–11 and 194 CrPC vs Sections 3–9 and 214 BNSS — Classes and Constitution of Criminal Courts
- Sections 20–23 CrPC vs Sections 14–17 BNSS — Executive Magistrates
- Sections 24–25A CrPC vs Sections 18–20 BNSS — Public Prosecutors, Assistant Public Prosecutors and the Directorate of Prosecution
- Sections 29–31 CrPC vs Sections 23–25 BNSS — Sentencing Powers of Magistrates and Sentences for Several Offences at One Trial
- Sections 39–40 CrPC vs Sections 33–34 BNSS — Duty of the Public and Village Officers to Report Offences
- Section 41 CrPC vs Section 35 BNSS — Arrest Without Warrant
- Sections 41C and 43 CrPC vs Sections 37 and 40 BNSS — Designated Police Officer, Control Rooms and Arrest by a Private Person
- Section 46 CrPC vs Section 43 BNSS — Arrest How Made
- Section 50 CrPC vs Section 47 BNSS — Grounds of Arrest and Informing a Relative (CrPC 50-50A)
- Section 53 CrPC vs Section 51 BNSS — Medical Examination of the Accused (CrPC 53, 53A, 54)
- Sections 61–69 CrPC vs Sections 63–71 BNSS — Summons: Form, Service and Proof of Service
- Sections 78–81 CrPC vs Sections 80–83 BNSS — Executing a Warrant of Arrest Outside the Issuing Court's Jurisdiction
- Section 82 CrPC vs Section 84 BNSS — Proclamation and Attachment (CrPC 82-86)
- Section 91 CrPC vs Section 94 BNSS — Summons to Produce Documents
- Sections 95–96 CrPC vs Sections 98–99 BNSS — Forfeiture of Publications and Challenge in the High Court
- Section 98 CrPC vs Section 101 BNSS — Power to Compel Restoration of Abducted Females
- Section 102 CrPC vs Section 106 BNSS — Power of Police Officer to Seize Certain Property
- Sections 106–110 CrPC vs Sections 125–129 BNSS — Security for Keeping the Peace and for Good Behaviour
- Section 125 CrPC vs Section 144 BNSS — Maintenance of Wives, Children and Parents (CrPC 125-128)
- Sections 129–132 CrPC vs Sections 148–151 BNSS — Dispersal of Unlawful Assemblies
- Sections 133–143 CrPC vs Sections 152–162 BNSS — Magistrate's Orders for Removal of Public Nuisance
- Section 144 CrPC vs Section 163 BNSS — Prohibitory Orders in Urgent Cases of Nuisance or Apprehended Danger
- Section 154 CrPC vs Section 173 BNSS — First Information Report (FIR)
- Zero FIR — BNSS Section 173(1) (New Provision)
- Section 155 CrPC vs Section 174 BNSS — Information as to Non-Cognizable Cases and Investigation of Such Cases
- Section 156 CrPC vs Section 175 BNSS — Police Investigation and the Magistrate's Direction
- Mandatory Forensic Investigation — BNSS Section 176(3) (New Provision)
- Section 160 CrPC vs Section 179 BNSS — Police Power to Require Attendance of Witnesses
- Section 161 CrPC vs Section 180 BNSS — Examination of Witnesses by Police
- Section 162 CrPC vs Section 181 BNSS — Statements to Police and Their Use at Trial
- Section 164 CrPC vs Section 183 BNSS — Recording of Confessions and Statements
- Section 164A CrPC vs Section 184 BNSS — Medical Examination of the Victim of Rape
- Section 165 CrPC vs Section 185 BNSS — Search by Police Officer
- Section 167 CrPC vs Section 187 BNSS — Remand and Default Bail
- Sections 169–170 CrPC vs Sections 189–190 BNSS — Release or Forwarding of the Accused After Investigation
- Section 173 CrPC vs Section 193 BNSS — Police Report (Chargesheet)
- Section 174 CrPC vs Section 194 BNSS — Police Inquest Report and Magistrate's Inquiry into Death (CrPC 174-176)
- Sections 177–189 CrPC vs Sections 197–209 BNSS — Place of Inquiry and Trial
- Section 190 CrPC vs Section 210 BNSS — Cognizance of Offences by Magistrate
- Sections 195, 198 and 198A CrPC vs Sections 215, 219 and 220 BNSS — Restrictions on Prosecution: Complaint by Public Servant, Court or Person Aggrieved
- Section 197 CrPC vs Section 218 BNSS — Sanction for Prosecution of Public Servants
- Section 200 CrPC vs Section 223 BNSS — Private Complaint Procedure
- Section 204 CrPC vs Section 227 BNSS — Issue of Process
- Sections 206–209 CrPC vs Sections 229–232 BNSS — Special Summons in Petty Offences and Commitment to the Court of Session
- Section 207 CrPC vs Section 230 BNSS — Supply of Police Report and Documents to the Accused (CrPC 207-208)
- Sections 218–224 CrPC vs Sections 241–247 BNSS — Joinder of Charges
- Sections 225–237 CrPC vs Sections 248–260 BNSS — Trial Before a Court of Session
- Sections 227 and 239 CrPC vs Sections 250 and 262 BNSS — Discharge
- Sections 238–250 CrPC vs Sections 261–273 BNSS — Trial of Warrant-Cases by Magistrates
- Sections 251–259 CrPC vs Sections 274–282 BNSS — Trial of Summons-Cases by Magistrates
- Section 260 CrPC vs Section 283 BNSS — Summary Trials (CrPC 260-265)
- Sections 265A–265L CrPC vs Sections 289–300 BNSS — Plea Bargaining
- Sections 266–271 CrPC vs Sections 301–306 BNSS — Attendance of Persons Confined or Detained in Prisons
- Sections 272–283 CrPC vs Sections 307–318 BNSS — Mode of Taking and Recording Evidence
- Sections 291–294 CrPC vs Sections 326–330 BNSS — Medical Depositions, Expert Reports and Formal Proof of Documents
- Section 304 CrPC vs Section 341 BNSS — Legal Aid to Accused at State Expense
- Sections 306–308 CrPC vs Sections 343–345 BNSS — Tender of Pardon to Accomplice (Approver)
- Section 309 CrPC vs Section 346 BNSS — Adjournments and Day-to-Day Trial
- Section 311A CrPC vs Section 349 BNSS — Specimen Signatures, Finger Impressions and Voice Samples
- Section 313 CrPC vs Section 351 BNSS — Examination of the Accused
- Section 317 CrPC vs Section 355 BNSS — Inquiry and Trial in the Absence of the Accused
- Section 319 CrPC vs Section 358 BNSS — Summoning Additional Accused
- Section 320 CrPC vs Section 359 BNSS — Compounding of Offences
- Section 321 CrPC vs Section 360 BNSS — Withdrawal from Prosecution
- Section 327 CrPC vs Section 366 BNSS — Court to be Open and In-Camera Trials
- Sections 328–339 CrPC vs Sections 367–378 BNSS — Accused Persons of Unsound Mind
- Sections 340–352 CrPC vs Sections 379–391 BNSS — Offences Affecting the Administration of Justice
- Sections 353–365 CrPC vs Sections 392–406 BNSS — The Judgment
- Section 357 CrPC vs Section 395 BNSS — Victim Compensation (CrPC 357-357C)
- Section 378 CrPC vs Section 419 BNSS — Appeal Against Acquittal (CrPC 372, 378)
- Sections 374–376 CrPC vs Sections 415–417 BNSS — Appeals from Convictions, Guilty Pleas and Petty Cases
- Section 389 CrPC vs Section 430 BNSS — Suspension of Sentence Pending Appeal
- Section 397 CrPC vs Section 438 BNSS — Criminal Revision (CrPC 397-401)
- Sections 406–412 CrPC vs Sections 446–452 BNSS — Transfer of Criminal Cases
- Sections 432–435 CrPC vs Sections 473–477 BNSS — Suspension, Remission and Commutation of Sentences
- Section 436 CrPC vs Section 478 BNSS — Bail in Bailable Offences
- Section 436A CrPC vs Section 479 BNSS — Maximum Period an Undertrial Prisoner Can Be Detained
- Section 437 CrPC vs Section 480 BNSS — Bail in Non-Bailable Offences
- Section 438 CrPC vs Section 482 BNSS — Anticipatory Bail
- Section 439 CrPC vs Section 483 BNSS — Special Bail Powers of High Court and Sessions Court
- Section 451 CrPC vs Section 497 BNSS — Custody and Disposal of Property (CrPC 451-452)
- Sections 453–459 CrPC vs Sections 499–505 BNSS — Innocent Purchaser, Appeals, Destruction, Restoration of Possession and Unclaimed Seized Property
- Sections 467-473 CrPC vs Sections 513-519 BNSS — Limitation for Taking Cognizance
- Section 482 CrPC vs Section 528 BNSS — Inherent Powers of High Court
- Section 483 CrPC vs Section 529 BNSS — Duty of the High Court to Exercise Continuous Superintendence over Courts
- Section 484 CrPC vs Section 531 BNSS — Repeal and Savings
- Electronic Trials and Proceedings — BNSS Section 530 (New Provision)