The Bharatiya Nagarik Suraksha Sanhita, 2023
India’s law of criminal procedure since 1 July 2024, in place of the CrPC. How an offence is reported, when someone can be held, how bail works — and which cases the old Code still governs.
Quick answer
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is India’s law of criminal procedure — Act 46 of 2023, in force since 1 July 2024, replacing the Code of Criminal Procedure, 1973. It governs how an offence is reported, investigated, tried and appealed, and it has 531 sections. Unlike the offences themselves, procedure does not follow the date of the crime: anything already pending on 1 July 2024 stays under the CrPC, and everything begun after that date runs under the BNSS.
Key takeaways
- BNSS is the Bharatiya Nagarik Suraksha Sanhita, 2023 — the new CrPC. Anticipatory bail is now section 482, FIR registration section 173, and the old "section 144" power section 163.
- The transition test is pendency, not the date of the offence. An investigation begun in August 2024 into an offence from May 2024 runs under the BNSS, even though the offence is charged under the IPC.
- An FIR can be registered at any police station whatever the place of the offence, and information can be given electronically — but it has to be signed within three days to go on record.
- The 15 days of police custody can now be taken in parts, anywhere in the first 40 or 60 days. The overall 60- and 90-day limits, and default bail when they pass without a charge-sheet, remain.
- Of the 548 CrPC provisions in the Government’s table, 181 are marked changed rather than merely moved — a far larger share than for the Penal Code.
Counted over Code of Criminal Procedure provisions — 548 of them — so the bars answer “what happened to the number I used to look up”. Counting new sections instead would make the same change look smaller, because several old provisions often share one new one.
- Renumbered only351(64%)
The corresponding procedural provision, under a new number.
- Merged into a shared section5(1%)
Folded in with others, landing in a sub-section.
- Changed in substance181(33%)
Carried over, but the Government marks it altered.
- Split across provisions0(0%)
One old provision, now more than one.
- Repealed with no replacement11(2%)
Gone, and nothing took its place.
And going the other way
26 provisions of the Bharatiya Nagarik Suraksha Sanhita have no counterpart in the Code of Criminal Procedure. They are new procedural provisions, and no CrPC section number leads to them.
| Outcome | Provisions |
|---|---|
| Renumbered only | 351 |
| Merged into a shared section | 5 |
| Changed in substance | 181 |
| Split across provisions | 0 |
| Repealed with no replacement | 11 |
| Total old provisions accounted for | 548 |
Derived from the Ministry of Home Affairs corresponding-section table for the BNSS, row by row. That table marks changed provisions inline, in the table itself, so the "changed in substance" count here is read directly rather than from a second document. The 26 new procedural provisions with no CrPC predecessor include section 530 on electronic proceedings.
What the Bharatiya Nagarik Suraksha Sanhita is
"Bharatiya Nagarik Suraksha Sanhita" translates roughly as "Indian Citizens’ Protection Code". It is the procedural half of criminal law: where the Bharatiya Nyaya Sanhita says what is a crime, the BNSS says how a crime is reported and investigated, when someone may be arrested and held, how bail works, how a trial runs and how an appeal is brought.
It is Act 46 of 2023, in force from 1 July 2024, and it repealed the Code of Criminal Procedure, 1973. It has 531 sections and two Schedules. The First Schedule is the one that matters to almost everyone: it classifies every offence in the Bharatiya Nyaya Sanhita as cognizable or not, bailable or not, and says which court tries it. When a page tells you an offence is non-bailable, this is where that comes from.
Most of the CrPC came across, but much less of it came across untouched than the Penal Code did. Of the 548 CrPC provisions in the Government’s corresponding-section table, 351 were moved without a change marker and 181 are marked changed. 26 provisions of the BNSS have no CrPC predecessor at all.
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The two numbers everyone still says
"Section 144" orders are now section 163, while section 144 of the BNSS is maintenance — formerly CrPC 125. The High Court’s inherent powers, "482 CrPC", are now section 528, while section 482 of the BNSS is anticipatory bail — formerly CrPC 438. Same numbers, different law.
Which proceedings the BNSS governs — pendency, not the date of the offence
For offences, the rule is the date of the conduct: a crime committed before 1 July 2024 is charged under the Indian Penal Code. Procedure uses a different test, and running the two together gives wrong answers.
Section 531(2)(a) keeps the CrPC alive for any "appeal, application, trial, inquiry or investigation" that was pending immediately before 1 July 2024 — those are "disposed of, continued, held or made" under the CrPC "as if this Sanhita had not come into force". Anything not already pending on that date is governed by the BNSS.
Question 1: Was the appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024?
Pendency, not the date of the offence (s. 531(2)(a)).
If yes
Where this leadsCode of Criminal ProcedureDisposed of, continued, held or made under the CrPC, as if the Sanhita had not come into force.
Convert the CrPC section numbers →If no — it began on or after that date → go to question 2
Question 2: Had the time for it already run out under the CrPC?
If yes
Stops hereStill out of timeNothing in the BNSS revives it merely because the BNSS allows a longer period (s. 531(3)).
If no
Where this leadsBharatiya Nagarik Suraksha SanhitaGoverned by the BNSS — even for an offence charged under the IPC, whose charge-sheet cites IPC sections while the custody orders cite BNSS sections.
Reporting an offence: the FIR →
Whether a particular proceeding was “pending” immediately before 1 July 2024 can turn on its facts, and courts decide those questions case by case.
The consequence is a split that surprises people. Take an offence committed in May 2024 and reported in August 2024. The offence is charged under the IPC, because it was committed before the Sanhita came into force. But no investigation was pending on 1 July, so the investigation runs under the BNSS. The charge-sheet cites IPC sections; the custody orders cite BNSS sections. Neither is a mistake.
One more rule is easy to miss. Section 531(3) says that where the time for an application or proceeding had already run out under the CrPC, nothing in the BNSS revives it merely because the BNSS allows a longer period. An expired deadline stayed expired.
Section 531 states the rule; it does not answer every application of it. Whether a particular proceeding was "pending" immediately before 1 July 2024 — a complaint filed but not yet taken cognizance of, say, or a fresh application in an old case — can turn on its facts, and courts decide those questions case by case. Where the answer matters to a live matter, check how the High Court concerned has read the section.
Reporting an offence: the FIR under section 173
Section 173 replaced CrPC 154, and the Government’s table marks it changed. Three changes matter to a person trying to report a crime.
First, place. Information about a cognizable offence may be given to the officer in charge of a police station "irrespective of the area where the offence is committed". A station cannot decline to record it because the offence happened elsewhere — the practice usually called a zero FIR now has a statutory footing.
Second, form. Information may be given orally or "by electronic communication". Oral information is written down, read back and signed. Electronic information is "taken on record by him on being signed within three days by the person giving it" — so sending it is not the end of the matter, and an unsigned electronic complaint does not become an FIR.
Third, a preliminary enquiry. For a cognizable offence punishable with three years or more but less than seven, the officer may, with the prior permission of an officer not below Deputy Superintendent, hold a preliminary enquiry — to be finished within fourteen days — to see whether there is a prima facie case, instead of proceeding straight to investigation. If a station refuses to record information at all, section 173(4) lets the informant send its substance in writing and by post to the Superintendent of Police.
A copy of the information as recorded must be given "forthwith, free of cost" to the informant or the victim (s. 173(2)), and once investigation is under way the police must tell the informant or victim how it is progressing within ninety days (s. 193(3)(ii)). Where a woman gives information about one of the offences the section lists — rape and the other sexual offences, stalking, voyeurism, and acid attack among them — it must be recorded by a woman police officer or a woman officer.
Arrest and custody: sections 35, 58 and 187
Section 35 replaced CrPC 41 on when the police may arrest without a warrant, and absorbed CrPC 41A — the notice to appear, instead of arrest — into sections 35(3) to 35(6). It adds a protection in section 35(7): where the offence carries less than three years and the person is infirm or over sixty, no arrest may be made without the prior permission of an officer not below Deputy Superintendent.
The person making the arrest must immediately tell a relative, friend or other person the arrested person nominates where they are held, and must also inform the designated police officer in the district (s. 48). The right to meet an advocate of one’s choice during interrogation, formerly CrPC 41D, is section 38 — and the section itself limits it: the person may meet the advocate during interrogation, “though not throughout interrogation”.
No one arrested without a warrant may be held beyond twenty-four hours, excluding travel time to the Magistrate, without a Magistrate’s order (s. 58). After that, detention runs under section 187, and its structure has changed in one important respect: the fifteen days of police custody may be authorised "in the whole, or in parts, at any time during the initial forty days or sixty days". In other words, they need not be taken in one block.
The outer limits are unchanged in number. Detention before a charge-sheet may not exceed ninety days where the offence carries death, life imprisonment or ten years or more, and sixty days otherwise. When that period ends without a charge-sheet, the person "shall be released on bail if he is prepared to and does furnish bail".
Bail under the BNSS, and the new rule for undertrials
The bail provisions moved together. Bail in bailable offences, formerly CrPC 436, is section 478. Bail in non-bailable offences, formerly 437, is section 480, which the Government’s table marks changed. Anticipatory bail, formerly 438, is section 482. The special powers of the High Court and Court of Session, formerly 439, are section 483.
Section 479 is where the substance moved most. It replaced CrPC 436A on the maximum period an undertrial can be held. A person held for up to one-half of the maximum sentence for the offence must be released on bail. A first-time offender — defined in the section as someone never convicted of any offence — must be released on bond after one-third. No one may be held longer than the maximum sentence itself.
The limits of section 479 decide as many cases as the fractions do. It does not apply to an offence for which death or life imprisonment is one of the punishments. Section 479(2) bars release where investigation, inquiry or trial is pending in more than one offence or in multiple cases. Time lost to delay caused by the accused is left out of the count, and the court may, after hearing the prosecutor and recording reasons, order detention beyond one-half. The jail superintendent must apply to the court once the point is reached (s. 479(3)), which means the prisoner does not have to know the rule for it to operate.
Trials, forensics and time limits
A number of BNSS provisions set time limits or technology requirements, and several are more conditional than they are usually described.
Forensic investigation. For an offence punishable with seven years or more, the officer in charge must cause a forensic expert to visit the crime scene and have the process video-recorded (s. 176(3)) — but only "from such date, as may be notified within a period of five years by the State Government". Until a State notifies it, the obligation is not yet in force there, and where a State lacks the facility the proviso lets it use another State’s.
Electronic proceedings. All trials, inquiries and proceedings, including the service of summons and the recording of evidence, "may be held in electronic mode" (s. 530). The word is may: the section permits electronic proceedings rather than requiring them.
Judgments. After arguments close, the judge must give judgment within thirty days, extendable to forty-five for reasons recorded in writing (s. 258(1)).
Trial in absentia. Section 356 allows a proclaimed offender who has absconded to evade trial, where there is no immediate prospect of arrest, to be tried and judged in their absence, subject to safeguards set out in the section.
More questions about this page
What is the full form of BNSS?▼
BNSS stands for Bharatiya Nagarik Suraksha Sanhita — the Bharatiya Nagarik Suraksha Sanhita, 2023, Act 46 of 2023. It is India’s law of criminal procedure, in force since 1 July 2024, and it replaced the Code of Criminal Procedure, 1973. It has 531 sections and two Schedules, the first of which classifies every BNS offence as bailable or not and cognizable or not.
What is section 144 CrPC called in BNSS?▼
The power to issue urgent orders in cases of nuisance or apprehended danger — the familiar "section 144" order — is section 163 of the BNSS. Section 144 of the BNSS is something different: it is maintenance of wives, children and parents, which was section 125 of the CrPC. The same number now points at unrelated law, so check which Code a citation is from.
What is anticipatory bail under BNSS?▼
Anticipatory bail is section 482 of the BNSS, which replaced section 438 of the CrPC. A person who believes they may be arrested for a non-bailable offence can apply to the High Court or the Court of Session for a direction that they be released on bail if arrested, and the court may attach conditions such as being available for questioning. Section 482 of the BNSS is not the old "482 CrPC", which is now section 528.
Can an FIR be filed at any police station under BNSS?▼
Yes, for a cognizable offence. Section 173(1) allows information to be given to an officer in charge of a police station "irrespective of the area where the offence is committed". It may be given orally or electronically; electronic information goes on record once the person giving it signs it within three days. A copy must be given free of cost to the informant or victim.
How many days of police custody are allowed under BNSS?▼
Fifteen days of police custody in total, which can be authorised in parts at any time during the first forty days where the overall limit is sixty days, or the first sixty days where it is ninety. The overall limit is ninety days for offences punishable with death, life or ten years or more, and sixty otherwise. If no charge-sheet is filed by then, the person must be released on bail if they furnish it.
Does the BNSS apply to cases pending before July 2024?▼
No. Section 531(2)(a) keeps the Code of Criminal Procedure for any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024. Anything begun on or after that date runs under the BNSS, even where the offence was committed earlier and is charged under the Indian Penal Code.
What is section 482 CrPC in BNSS?▼
The High Court’s inherent powers — section 482 of the CrPC, used to quash proceedings — are section 528 of the BNSS. The Government’s comparison table lists it as a move without a change marker. Do not confuse it with section 482 of the BNSS, which is anticipatory bail.
When must an undertrial be released under BNSS?▼
Under section 479, after detention of up to one-half of the maximum sentence for the offence, or one-third for a first-time offender, who is released on bond. It does not apply to offences carrying death or life imprisonment, or where more than one offence or case is pending, and no one may be held longer than the maximum sentence itself.
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Section text for ss. 35, 38, 48, 173, 176, 187, 193, 258, 356, 478–483, 528, 530 and 531. Section 58 was read from the gazetted text, because India Code’s record for it carries the text of s. 59.
- Every CrPC-to-BNSS mapping and change marker on this page, and the full table below.
- The extension of the custody limit to 180 days for commercial quantity and certain offences.
Days from arrest, to scale. The first 24 hours are the police’s alone; after that every day of detention needs a Magistrate’s order.
- Offences punishable with death, life, or 10 years or more15 days police custody, in parts, within the first 6090 days total
- Every other offence15 days police custody, in parts, within the first 4060 days total
When the clock runs out
If no charge-sheet has been filed by day 60 or day 90, the person “shall be released on bail if he is prepared to and does furnish bail” (s. 187(3)). This is often called default bail. It turns on the date, not on the strength of the case.
| Offence | Police custody | Overall limit |
|---|---|---|
| Offences punishable with death, life, or 10 years or more | 15 days, within the first 60 | 90 days |
| Every other offence | 15 days, within the first 40 | 60 days |
BNSS ss. 58 and 187. A special law can lengthen these: the NDPS Act turns the 90 days into 180 for offences involving commercial quantity and certain others (NDPS s. 36A(4)).
- First-time offender: Released on bond after one-third of the maximum2 years 4 months
- Anyone else: Released on bail after one-half of the maximum3 years 6 months
- Nobody: Held longer than the maximum itself7 years — the absolute ceiling
Where none of this applies
- An offence for which death or life imprisonment is one of the punishments.
- A person against whom more than one offence, or more than one case, is pending (s. 479(2)).
- Time lost to delay the accused caused is left out of the count.
- The court may, after hearing the prosecutor and giving written reasons, order continued detention beyond one-half.
BNSS s. 479, which replaced CrPC s. 436A. The jail superintendent must apply to the court once the one-half or one-third point is reached (s. 479(3)). “First-time offender” is defined in the section itself as someone never convicted of any offence in the past.
The BNSS provisions people actually look up
Each with the CrPC section it replaced. The change column is taken from the Government’s table, not written by hand: “moved” means the table lists a move without marking it changed, which is good evidence the wording came across but not proof.
| Section | Was | What it does | Change |
|---|---|---|---|
| BNSS 35 | CrPC 41, 41A | When police may arrest without warrantWhen the police may arrest without a warrant, and the notice to appear instead.Read BNSS 35 in full → | changed |
| BNSS 38 | CrPC 41D | Right of arrested person to meet an advocate of his choice during interrogationMeeting an advocate during interrogation. | moved |
| BNSS 48 | CrPC 50A | Obligation of person making arrest to inform about arrest, etc., to relative or friendTelling a relative or friend, and the district’s designated officer, of the arrest. | changed |
| BNSS 58 | CrPC 57 | Person arrested not to be detained more than twenty-four hoursNo detention beyond 24 hours without a Magistrate. | changed |
| BNSS 144 | CrPC 125 | Order for maintenance of wives, children and parentsMaintenance of wives, children and parents.Maintenance for a wife, child or parent → | moved |
| BNSS 163 | CrPC 144 | Power to issue order in urgent cases of nuisance or apprehended dangerUrgent orders in cases of nuisance or apprehended danger — the old “section 144”. | moved |
| BNSS 173 | CrPC 154 | Information in cognizable casesRecording an FIR, including at any station and electronically.Read BNSS 173 in full → | changed |
| BNSS 175 | CrPC 156 | Police officer’s power to investigate cognizable casePolice power to investigate, and a Magistrate ordering investigation. | changed |
| BNSS 176 | CrPC 157 | Procedure for investigationHow an investigation is conducted, including forensics once notified. | changed |
| BNSS 180 | CrPC 161 | Examination of witnesses by policeExamination of witnesses by the police. | changed |
| BNSS 183 | CrPC 164 | Recording of confessions and statementsRecording confessions and statements before a Magistrate. | changed |
| BNSS 187 | CrPC 167 | Procedure when investigation cannot be completed in twenty-four hoursCustody while investigation continues, and default bail. | changed |
| BNSS 193 | CrPC 173 | Report of police officer on completion of investigationThe police report — the charge-sheet. | changed |
| BNSS 223 | CrPC 200 | Examination of complainantExamining the complainant in a private complaint. | changed |
| BNSS 258 | CrPC 235 | Judgment of acquittal or convictionJudgment within 30 days of arguments, or 45 with reasons. | changed |
| BNSS 356 | — | Inquiry, trial or judgment in absentia of proclaimed offenderTrial in absentia of a proclaimed offender. | new |
| BNSS 478 | CrPC 436 | In what cases bail to be takenBail in bailable offences. | moved |
| BNSS 479 | CrPC 436A | Maximum period for which under-trial prisoner can be detainedRelease of undertrials after one-half, or one-third, of the maximum. | changed |
| BNSS 480 | CrPC 437 | When bail may be taken in case of non-bailable offenceBail in non-bailable offences. | changed |
| BNSS 482 | CrPC 438 | Direction for grant of bail to person apprehending arrestAnticipatory bail.Read BNSS 482 in full → | moved |
| BNSS 483 | CrPC 439 | Special powers of High Court or Court of Session regarding bailBail powers of the High Court and Court of Session. | moved |
| BNSS 528 | CrPC 482 | Saving of inherent powers of High CourtThe High Court’s inherent powers.Read BNSS 528 in full → | moved |
| BNSS 530 | — | Trial and proceedings to be held in electronic modeTrials and proceedings in electronic mode. | new |
| BNSS 531 | CrPC 484 | Repeal and savingsRepeal of the CrPC, and which cases it still governs. | changed |
Maintenance under section 144 is covered in full on our maintenance page, alongside the Hindu Marriage Act and the Domestic Violence Act, so it is linked rather than explained here.
Every CrPC section and its BNSS number
All 548 CrPC provisions in the Government’s corresponding-section table, by chapter. Tap a chapter to open it. This is the same data the section converter uses for the CrPC.
The what happened column is the part to read. Merged means the new section alone is not your answer and the sub-section is. Changed means the Government’s table marks the provision altered. Repealed means there is no new number. For the CrPC the table marks changes inline, so the changed column is as complete as the Government’s own table.
CHAPTER I PRELIMINARY5
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 1 | Short title, extent and commencement | 1 | movednow: Short title, extent and commencement. |
| 2 | Definitions. | 2 | changednow: Definitions. |
| 3 | Construction of references. | 3 | movednow: Construction of references. |
| 4 | Trial of offences under the Indian Penal Code and other laws. | 4 | movednow: Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. |
| 5 | Saving. | 5 | movednow: Saving. |
CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES21
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 6 | Classes of Criminal Courts. | 6 | movednow: Classes of Criminal Courts. |
| 7 | Territorial divisions. | 7 | movednow: Territorial divisions. |
| 8 | Metropolitan areas. | none | repealed |
| 9 | Court of Session. | 8 | changednow: Court of Session. |
| 10 | Subordination of Assistant Sessions Judges. | none | repealed |
| 11 | Courts of Judicial Magistrates. | 9 | movednow: Courts of Judicial Magistrates. |
| 12 | Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | 10 | movednow: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. |
| 13 | Special Judicial Magistrates. | 11 | changednow: Special Judicial Magistrates. |
| 14 | Local jurisdiction of Judicial Magistrates. | 12 | changednow: Local Jurisdiction of Judicial Magistrates. |
| 15 | Subordination of Judicial Magistrates. | 13 | movednow: Subordination of Judicial Magistrates. |
| 16 | Courts of Metropolitan Magistrates. | none | repealed |
| 17 | Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. | none | repealed |
| 18 | Special Metropolitan Magistrates. | none | repealed |
| 19 | Subordination of Metropolitan Magistrates. | none | repealed |
| 20 | Executive Magistrates. | 14 | changednow: Executive Magistrates. |
| 21 | Special Executive Magistrates. | 15 | changednow: Special Executive Magistrates. |
| 22 | Local Jurisdiction of Executive Magistrates. | 16 | movednow: Local Jurisdiction of Executive. |
| 23 | Subordination of Executive Magistrates. | 17 | movednow: Subordination of Executive Magistrates. |
| 24 | Public Prosecutors. | 18 | changednow: Public Prosecutors. |
| 25 | Assistant Public prosecutors. | 19 | changednow: Assistant Public Prosecutors. |
| 25A | Directorate of Prosecution. | 20 | changednow: Directorate of Prosecution. |
CHAPTER III POWER OF COURTS10
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 26 | Courts by which offences are triable. | 21 | movednow: Courts by which offences are triable. |
| 27 | Jurisdiction in the case of juveniles. | none | repealed |
| 28 | Sentences which High Courts and Sessions Judges may pass. | 22 | changednow: Sentences which High Courts and Sessions Judges may pass. |
| 29 | Sentences which Magistrates may pass. | 23 | changednow: Sentences which Magistrates may pass. |
| 30 | Sentence of imprisonment in default of fine. | 24 | movednow: Sentence of imprisonment in default of fine. |
| 31 | Sentence in cases of conviction of several offences at one trial. | 25 | changednow: Sentence in cases of conviction of several offences at one trial. |
| 32 | Mode of conferring powers. | 26 | movednow: Mode of conferring powers. |
| 33 | Powers of officers appointed. | 27 | movednow: Powers of officers appointed. |
| 34 | Withdrawal of powers. | 28 | movednow: Withdrawal of powers. |
| 35 | Powers of Judges and Magistrates exercisable by their successors-in-office. | 29 | changednow: Powers of Judges and Magistrates exercisable by their successors-in-office. |
CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE5
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 36 | Powers of superior officers of police. | 30 | movednow: Powers of superior officers of police. |
| 37 | Public when to assist Magistrates and police. | 31 | movednow: Public when to assist Magistrates and police. |
| 38 | Aid to person, other than police officer, executing warrant. | 32 | movednow: Aid to person, other than police officer, executing warrant. |
| 39 | Public to give information of certain offences. | 33 | movednow: Public to give information of certain offences. |
| 40 | Duty of officers employed in connection with the affairs of a village to make certain report. | 34 | movednow: Duty of officers employed in connection with affairs of a village to make certain report. |
CHAPTER V ARREST OF PERSONS36
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 41 | When police may arrest without warrant. | 35(1) | mergedalso marked changednow: When police may arrest without warrant. |
| 41 | 41(2) | 35(2) | mergedalso marked changednow: When police may arrest without warrant. |
| 41A | Notice of appearance before police officer | 35(3), 35(4), 35(5), 35(6) | mergedalso marked changednow: When police may arrest without warrant. |
| 41B | Procedure of arrest and duties of officer making arrest. | 36 | movednow: Procedure of arrest and duties of officer making arrest. |
| 41C | Control room at districts. | 37 | changednow: Designated police officer. |
| 41D | Right of arrested person to meet an advocate of his choice during interrogation. | 38 | movednow: Right of arrested person to meet an advocate of his choice during interrogation. |
| 42 | Arrest on refusal to give name and residence. | 39 | changednow: Arrest on refusal to give name and residence. |
| 43 | Arrest by private person and procedure on such arrest. | 40 | changednow: Arrest by private person and procedure on such arrest. |
| 44 | Arrest by Magistrate. | 41 | movednow: Arrest by Magistrate. |
| 45 | Protection of members of the Armed Forces from arrest. | 42 | movednow: Protection of members of Armed Forces from arrest. |
| 46 | Arrest how made. | 43 | changednow: Arrest how made. |
| 46 | 46(1) | 43(1) | changednow: Arrest how made. |
| 46 | 46(2) | 43(2) | changednow: Arrest how made. |
| 46 | 46(3) | 43(4) | changednow: Arrest how made. |
| 46 | 46(4) | 43(5) | changednow: Arrest how made. |
| 47 | Search of place entered by person sought to be arrested. | 44 | movednow: Search of place entered by person sought to be arrested. |
| 48 | Pursuit of offenders into other jurisdictions. | 45 | movednow: Pursuit of offenders into other jurisdictions. |
| 49 | No unnecessary restraint. | 46 | movednow: No unnecessary restraint. |
| 50 | Person arrested to be informed of grounds of arrest and of right to bail. | 47 | movednow: Person arrested to be informed of grounds of arrest and of right to bail. |
| 50A | Obligation of person making arrest to inform about the arrest, etc., to a nominated person. | 48 | changednow: Obligation of person making arrest to inform about arrest, etc., to relative or friend. |
| 51 | Search of arrested person. | 49 | movednow: Search of arrested person. |
| 52 | Power to seize offensive weapons. | 50 | changednow: Power to seize offensive weapons. |
| 53 | Examination of accused by medical practitioner at the request of police officer. | 51 | changednow: Examination of accused by medical practitioner at request of police officer. |
| 53 | 53(1) | 51(1) | changednow: Examination of accused by medical practitioner at request of police officer. |
| 53 | 53(2) | 51(2) | changednow: Examination of accused by medical practitioner at request of police officer. |
| 53A | Examination of person accused of rape by medical practitioner. | 52 | changednow: Examination of person accused of rape by medical practitioner. |
| 54 | Examination of arrested person by medical officer. | 53 | movednow: Examination of arrested person by medical officer. |
| 54A | Identification of person arrested. | 54 | changednow: Identification of person arrested. |
| 55 | Procedure when police officer deputes subordinate to arrest without warrant. | 55 | movednow: Procedure when police officer deputes subordinate to arrest without warrant. |
| 55A | Health and safety of arrested person. | 56 | movednow: Health and safety of arrested person. |
| 56 | Person arrested to be taken before Magistrate or officer in charge of police station. | 57 | movednow: Person arrested to be taken before Magistrate or officer in charge of police station. |
| 57 | Person arrested not to be detained more than twenty-four hours. | 58 | changednow: Person arrested not to be detained more than twenty-four hours. |
| 58 | Police to report apprehensions. | 59 | movednow: Police to report apprehensions. |
| 59 | Discharge of person apprehended. | 60 | changednow: Discharge of person apprehended. |
| 60 | Power, on escape, to pursue and retake. | 61 | movednow: Power, on escape, to pursue and retake. |
| 60A | Arrest to be made strictly according to the Code. | 62 | movednow: Arrest to be made strictly according to Sanhita. |
CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.—Summons32
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 61 | Form of summons. | 63(ii) | changednow: Form of summons. |
| 62 | Summons how served. | 64 | changednow: Summons how served. |
| 63 | Service of summons on corporate bodies and societies. | 65(1) | changednow: Service of summons on corporate bodies, firms, and societies. |
| 64 | Service when persons summoned cannot be found. | 66 | movednow: Service when persons summoned cannot be found. |
| 65 | Procedure when service cannot be effected as before provided. | 67 | movednow: Procedure when service cannot be effected as before provided. |
| 66 | Service on Government servant. | 68 | movednow: Service on Government servant. |
| 67 | Service of summons outside local limits. | 69 | movednow: Service of summons outside local limits. |
| 68 | Proof of service in such cases and when serving officer not present. | 70 | changednow: Proof of service in such cases and when serving officer not present. |
| 68 | 68(1) | 70(1) | changednow: Proof of service in such cases and when serving officer not present. |
| 68 | 68(2) | 70(2) | changednow: Proof of service in such cases and when serving officer not present. |
| 69 | Service of summons on witness by post. | 71 | changednow: Service of summons on witness. |
| 70 | Form of warrant of arrest and duration. | 72 | movednow: Form of warrant of arrest and duration. |
| 71 | Power to direct security to be taken. | 73 | changednow: Power to direct security to be taken. |
| 72 | Warrants to whom directed. | 74 | movednow: Warrants to whom directed. |
| 73 | Warrant may be directed to any person. | 75 | movednow: Warrant may be directed to any person. |
| 74 | Warrant directed to police officer. | 76 | movednow: Warrant directed to police officer. |
| 75 | Notification of substance of warrant. | 77 | movednow: Notification of substance of warrant. |
| 76 | Person arrested to be brought before Court without delay. | 78 | movednow: Person arrested to be brought before Court without delay. |
| 77 | Where warrant may be executed. | 79 | movednow: Where warrant may be executed. |
| 78 | Warrant forwarded for execution outside jurisdiction. | 80 | movednow: Warrant forwarded for execution outside jurisdiction. |
| 79 | Warrant directed to police officer for execution outside jurisdiction. | 81 | movednow: Warrant directed to police officer for execution outside jurisdiction. |
| 80 | Procedure on arrest of person against whom warrant issued. | 82(1) | changednow: Procedure on arrest of person against whom warrant issued. |
| 81 | Procedure by Magistrate before whom such person arrested is brought. | 83 | changednow: Procedure by Magistrate before whom such person arrested is brought. |
| 82 | Proclamation for person absconding. | 84 | changednow: Proclamation for person absconding. |
| 83 | Attachment of property of person absconding. | 85 | movednow: Attachment of property of person absconding. |
| 84 | Claims and objections to attachment. | 87 | movednow: Claims and objections to attachment. |
| 85 | Release, sale and restoration of attached property. | 88 | movednow: Release, sale and restoration of attached property. |
| 86 | Appeal from order rejecting application for restoration of attached property. | 89 | movednow: Appeal from order rejecting application for restoration of attached property. |
| 87 | Issue of warrant in lieu of, or in addition to, summons. | 90 | movednow: Issue of warrant in lieu of, or in addition to, summons. |
| 88 | Power to take bond for appearance. | 91 | changednow: Power to take bond or bail bond for appearance. |
| 89 | Arrest on breach of bond for appearance. | 92 | changednow: Arrest on breach of bond or bail bond for appearance. |
| 90 | Provisions of this Chapter generally applicable to summonses and warrants of arrest. | 93 | movednow: Provisions of this Chapter generally applicable to summons and warrants of arrest. |
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.- Summons to produce15
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 91 | Summons to produce document or other thing. | 94 | changednow: Summons to produce document or other thing. |
| 92 | Procedure as to letters and telegrams. | 95 | changednow: Procedure as to letters. |
| 93 | When search-warrant may be issued. | 96 | changednow: When search-warrant may be issued. |
| 94 | Search of place suspected to contain stolen property, forged documents, etc. | 97 | changednow: Search of place suspected to contain stolen property, forged documents, etc. |
| 95 | Power to declare certain publications forfeited and to issue search-warrants for same. | 98 | movednow: Power to declare certain publications forfeited and to issue search-warrants for same. |
| 96 | Application to High Court to set aside declaration of forfeiture. | 99 | movednow: Application to High Court to set aside declaration of forfeiture. |
| 97 | Search for persons wrongfully confined. | 100 | movednow: Search for persons wrongfully confined. |
| 98 | Power to compel restoration of abducted females. | 101 | changednow: Power to compel restoration of abducted females. |
| 99 | Direction, etc., of search- warrants. | 102 | movednow: Direction, etc., of search-warrants. |
| 100 | Persons in charge of closed place to allow search. | 103 | movednow: Persons in charge of closed place to allow search. |
| 101 | Disposal of things found in search beyond jurisdiction. | 104 | movednow: Disposal of things found in search beyond jurisdiction. |
| 102 | Power of police officer to seize certain property. | 106 | movednow: Power of police officer to seize certain property. |
| 103 | Magistrate may direct search in his presence. | 108 | movednow: Magistrate may direct search in his presence. |
| 104 | Power to impound document, etc., produced. | 109 | movednow: Power to impound document, etc., produced. |
| 105 | Reciprocal arrangements regarding processes. | 110 | movednow: Reciprocal arrangements regarding processes. |
CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY13
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 105A | Definitions. | 111 | movednow: Definitions. |
| 166A | Letter of request to competent authority for investigation in a country or place outside India. | 112 | movednow: Letter of request to competent authority for investigation in a country or place outside India. |
| 166B | Letter of request from a country or place outside India to a Court or an authority for investigation in India. | 113 | changednow: Letter of request from a country or place outside India to a Court or an authority for investigation in India. |
| 105B | Assistance in securing transfer of persons. | 114 | movednow: Assistance in securing transfer of persons. |
| 105C | Assistance in relation to orders of attachment or forfeiture of property. | 115 | movednow: Assistance in relation to orders of attachment or forfeiture of property. |
| 105D | Identifying unlawfully acquired property. | 116 | movednow: Identifying unlawfully acquired property. |
| 105E | Seizure or attachment of property. | 117 | movednow: Seizure or attachment of property. |
| 105F | Management of properties seized or forfeited under this Chapter. | 118 | movednow: Management of properties seized or forfeited under this Chapter. |
| 105G | Notice of forfeiture of property. | 119 | movednow: Notice of forfeiture of property. |
| 105H | Forfeiture of property in certain cases | 120 | movednow: Forfeiture of property in certain cases. |
| 105J | Certain transfers to be null and void. | 122 | movednow: Certain transfers to be null and void. |
| 105K | Procedure in respect of letter of request. | 123 | movednow: Procedure in respect of letter of request. |
| 105L | Application of this Chapter. | 124 | movednow: Application of this Chapter. |
CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR19
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 106 | Security for keeping peace on conviction. | 125 | changednow: Security for keeping peace on conviction. |
| 107 | Security for keeping peace in other cases. | 126 | changednow: Security for keeping peace in other cases. |
| 108 | Security for good behaviour from persons disseminating seditious matters. | 127 | changednow: Security for good behaviour from persons disseminating certain matters. |
| 109 | Security for good behaviour from suspected persons. | 128 | changednow: Security for good behaviour from suspected persons. |
| 110 | Security for good behaviour from habitual offenders. | 129 | changednow: Security for good behaviour from habitual offenders. |
| 111 | Order to be made. | 130 | changednow: Order to be made. |
| 112 | Procedure in respect of person present in Court. | 131 | movednow: Procedure in respect of person present in Court. |
| 113 | Summons or warrant in case of person not so present. | 132 | movednow: Summons or warrant in case of person not so present. |
| 114 | Copy of order to accompany summons or warrant. | 133 | movednow: Copy of order to accompany summons or warrant. |
| 115 | Power to dispense with personal attendance. | 134 | changednow: Power to dispense with personal attendance. |
| 116 | Inquiry as to truth of information. | 135 | changednow: Inquiry as to truth of information. |
| 117 | Order to give security. | 136 | changednow: Order to give security. |
| 118 | Discharge of person informed against. | 137 | movednow: Discharge of person informed against. |
| 119 | Commencement of period for which security is required. | 138 | movednow: Commencement of period for which security is required. |
| 120 | Contents of bond. | 139 | changednow: Contents of bond. |
| 121 | Power to reject sureties. | 140 | changednow: Power to reject sureties. |
| 122 | Imprisonment in default of security. | 141 | changednow: Imprisonment in default of security. |
| 123 | Power to release persons imprisoned for failing to give security. | 142 | movednow: Power to release persons imprisoned for failing to give security. |
| 124 | Security for unexpired period of bond. | 143 | changednow: Security for unexpired period of bond. |
CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS4
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 125 | Order for maintenance of wives, children and parents. | 144 | movednow: Order for maintenance of wives, children and parents. |
| 126 | Procedure. | 145 | movednow: Procedure. |
| 127 | Alteration in allowance. | 146 | movednow: Alteration in allowance. |
| 128 | Enforcement of order of maintenance. | 147 | movednow: Enforcement of order of maintenance. |
CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.—Unlawful assemblies21
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 129 | Dispersal of assembly by use of civil force. | 148 | changednow: Dispersal of assembly by use of civil force. |
| 130 | Use of armed forces to disperse assembly. | 149 | changednow: Use of armed forces to disperse assembly. |
| 131 | Power of certain armed force officers to disperse assembly. | 150 | movednow: Power of certain armed force officers to disperse assembly. |
| 132 | Protection against prosecution for acts done under preceding sections. | 151 | movednow: Protection against prosecution for acts done under sections 148, 149 and 150. |
| 133 | Conditional order for removal of nuisance. | 152 | movednow: Conditional order for removal of nuisance. |
| 134 | Service or notification of order. | 153 | movednow: Service or notification of order. |
| 135 | Person to whom order is addressed to obey or show cause. | 154 | changednow: Person to whom order is addressed to obey or show cause. |
| 136 | Consequences of his failing to do so. | 155 | movednow: Penalty for failure to comply with section 154. |
| 137 | Procedure where existence of public right is denied. | 156 | movednow: Procedure where existence of public right is denied. |
| 138 | Procedure where he appears to show cause. | 157 | changednow: Procedure where person against whom order is made under section 152 appears to show-cause. |
| 139 | Power of Magistrate to direct local investigation and examination of an expert. | 158 | movednow: Power of Magistrate to direct local investigation and examination of an expert. |
| 140 | Power of Magistrate to furnish written instructions, etc. | 159 | movednow: Power of Magistrate to furnish written instructions, etc. |
| 141 | Procedure on order being made absolute and consequences of disobedience. | 160 | movednow: Procedure on order being made absolute and consequences of disobedience. |
| 142 | Injunction pending inquiry. | 161 | movednow: Injunction pending inquiry. |
| 143 | Magistrate may prohibit repetition or continuance of public nuisance. | 162 | changednow: Magistrate may prohibit repetition or Continuance of public nuisance. |
| 144 | Power to issue order in urgent cases of nuisance or apprehended danger. | 163 | movednow: Power to issue order in urgent cases of nuisance or apprehended danger. |
| 144A | Power to prohibit carrying arms in procession or mass drill or mass training with arms. | none | repealed |
| 145 | Procedure where dispute concerning land or water is likely to cause breach of peace. | 164 | movednow: Procedure where dispute concerning land or water is likely to cause breach of peace. |
| 146 | Power to attach subject of dispute and to appoint receiver. | 165 | movednow: Power to attach subject of dispute and to appoint receiver. |
| 147 | Dispute concerning right of use of land or water. | 166 | movednow: Dispute concerning right of use of land or water. |
| 148 | Local Inquiry. | 167 | movednow: Local inquiry. |
CHAPTER XII PREVENTIVE ACTION OF THE POLICE5
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 149 | Police to prevent cognizable offences. | 168 | movednow: Police to prevent cognizable offences. |
| 150 | Information of design to commit cognizable offences. | 169 | movednow: Information of design to commit cognizable offences. |
| 151 | Arrest to prevent commission of cognizable offences. | 170 | movednow: Arrest to prevent commission of cognizable offences. |
| 152 | Prevention of injury to public property. | 171 | movednow: Prevention of injury to public property. |
| 153 | Inspection of weights and measures. | none | repealed |
CHAPTER-XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE28
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 154 | Information in cognizable cases. | 173(1), 173(3) | changednow: Information in cognizable cases. |
| 155 | Information as to non-cognizable cases and investigation of such cases. | 174(1) | changednow: Information as to non-cognizable cases and investigation of such cases. |
| 156 | Police officer’s power to investigate cognizable case. 156(1) | 175(1) | changednow: Police officer’s power to investigate cognizable case. |
| 156 | 156(2) | 175(2) | changednow: Police officer’s power to investigate cognizable case. |
| 156 | 156(3) | 175(3) | changednow: Police officer’s power to investigate cognizable case. |
| 157 | Procedure for investigation. | 176 | changednow: Procedure for investigation. |
| 157 | 157(1) | 176(1) | changednow: Procedure for investigation. |
| 157 | 157(2) | 176(2) | changednow: Procedure for investigation. |
| 158 | Report how submitted. | 177 | movednow: Report how submitted. |
| 159 | Power to hold investigation or preliminary inquiry. | 178 | movednow: Power to hold investigation or preliminary inquiry. |
| 160 | Police officer’s power to require attendance of witnesses. | 179 | changednow: Police officer's power to require attendance of witnesses. |
| 161 | Examination of witnesses by police. | 180 | changednow: Examination of witnesses by police. |
| 162 | Statements to police not to be signed: Use of statements in evidence. | 181 | movednow: Statements to police and use thereof. |
| 163 | No inducement to be offered. | 182 | movednow: No inducement to be offered. |
| 164 | Recording of confessions and statements. | 183 | changednow: Recording of confessions and statements. |
| 164A | Medical examination of victim of rape. | 184 | changednow: Medical examination of victim of rape. |
| 165 | Search by police officer. | 185 | changednow: Search by police officer. |
| 166 | When officer in charge of police station may require another to issue search- warrant. | 186 | movednow: When officer in charge of police station may require another to issue search-warrant. |
| 167 | Procedure when investigation cannot be completed in twenty-four hours. | 187 | changednow: Procedure when investigation cannot be completed in twenty-four hours. |
| 168 | Report of investigation by subordinate police officer. | 188 | movednow: Report of investigation by subordinate police officer. |
| 169 | Release of accused when evidence deficient. | 189 | changednow: Release of accused when evidence deficient. |
| 170 | Cases to be sent to Magistrate, when evidence is sufficient. | 190 | changednow: Cases to be sent to Magistrate, when evidence is sufficient. |
| 171 | Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. | 191 | movednow: Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. |
| 172 | Diary of proceedings in investigation. | 192 | movednow: Diary of proceedings in investigation. |
| 173 | Report of police officer on completion of investigation. | 193(3), 193(8) | changednow: Report of police officer on completion of investigation. |
| 174 | Police to enquire and report on suicide, etc. | 194 | changednow: Police to enquire and report on suicide, etc. |
| 175 | Power to summon persons. | 195 | changednow: Power to summon persons. |
| 176 | Inquiry by Magistrate into cause of death. | 196 | changednow: Inquiry by Magistrate into cause of death. |
CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS13
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 177 | Ordinary place of inquiry and trial. | 197 | movednow: Ordinary place of inquiry and trial. |
| 178 | Place of inquiry or trial. | 198 | movednow: Place of inquiry or trial. |
| 179 | Offence triable where act is done or consequence ensues. | 199 | movednow: Offence triable where act is done or consequence ensues. |
| 180 | Place of trial where act is an offence by reason of relation to other offence. | 200 | movednow: Place of trial where act is an offence by reason of relation to other offence. |
| 181 | Place of trial in case of certain offences. | 201 | changednow: Place of trial in case of certain offences. |
| 182 | Offences committed by letters, etc. | 202 | changednow: Offences committed by means of electronic communications, letters, etc. |
| 183 | Offence committed on journey or voyage. | 203 | movednow: Offence committed on journey or voyage. |
| 184 | Place of trial for offences triable together. | 204 | movednow: Place of trial for offences triable together. |
| 185 | Power to order cases to be tried in different sessions divisions. | 205 | movednow: Power to order cases to be tried in different sessions divisions. |
| 186 | High Court to decide, in case of doubt, district where inquiry or trial shall take place. | 206 | movednow: High Court to decide, in case of doubt, district where inquiry or trial shall take place. |
| 187 | Power to issue summons or warrant for offence committed beyond local jurisdiction. | 207 | changednow: Power to issue summons or warrant for offence committed beyond local jurisdiction. |
| 188 | Offence committed outside India. | 208 | changednow: Offence committed outside India. |
| 189 | Receipt of evidence relating to offences committed outside India. | 209 | changednow: Receipt of evidence relating to offences committed outside India. |
CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS13
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 190 | Cognizance of offences by Magistrates. | 210 | changednow: Cognizance of offences by Magistrate. |
| 191 | Transfer on application of accused. | 211 | movednow: Transfer on application of accused. |
| 192 | Making over of cases to Magistrates. | 212 | movednow: Making over of cases to Magistrates. |
| 193 | Cognizance of offences by Court of Session. | 213 | movednow: Cognizance of offences by Court of Session. |
| 194 | Additional and Assistant Sessions Judges to try cases made over to them. | 214 | changednow: Additional Sessions Judges to try cases made over to them. |
| 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 | changednow: . Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. |
| 195A | Procedure for witnesses in case of threatening, etc. | 216 | movednow: Procedure for witnesses in case of threatening, etc. |
| 196 | Prosecution for offences against State and for criminal conspiracy to commit such offence. | 217 | movednow: Prosecution for offences against State and for criminal conspiracy to commit such offence. |
| 197 | Prosecution of Judges and public servants. | 218 | changednow: Prosecution of Judges and public servants. |
| 198 | Prosecution for offences against marriage. | 219 | changednow: Prosecution for offences against marriage. |
| 198A | Prosecution of offences under section 498A of the Indian Penal Code | 220 | movednow: Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023. |
| 198B | Cognizance of offence. | 221 | movednow: Cognizance of offence. |
| 199 | Prosecution for defamation | 222 | changednow: Prosecution for defamation. |
CHAPTER XVI COMPLAINTS TO MAGISTRATES4
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 200 | Examination of complainant. | 223(1) | changednow: Examination of complainant. |
| 201 | Procedure by Magistrate not competent to take cognizance of case | 224 | movednow: Procedure by Magistrate not competent to take cognizance of case. |
| 202 | Postponement of issue of process. | 225 | movednow: Postponement of issue of process. |
| 203 | Dismissal of complaint. | 226 | movednow: Dismissal of complaint. |
CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES7
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 204 | Issue of process. | 227 | changednow: Issue of process. |
| 205 | Magistrate may dispense with personal attendance of accused. | 228 | movednow: Magistrate may dispense with personal attendance of accused. |
| 206 | Special summons in cases of petty offence. | 229 | changednow: Special summons in cases of petty offence. |
| 207 | Supply to the accused of copy of police report and other documents. | 230 | changednow: Supply to accused of copy of police report and other documents. |
| 208 | Supply of copies of statements and documents to accused in other cases triable by Court of Session. | 231 | changednow: Supply of copies of statements and documents to accused in other cases triable by Court of Session. |
| 209 | Commitment of case to Court of Session when offence is triable exclusively by it. | 232 | changednow: Commitment of case to Court of Session when offence is triable exclusively by it. |
| 210 | Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. | 233 | movednow: Procedure to be followed when there is a complaint case and police investigation in respect of same offence. |
CHAPTER XVIII THE CHARGE A.—Form of charges14
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 211 | Contents of charge. | 234 | movednow: Contents of charge. |
| 212 | Particulars as to time, place and person. | 235 | movednow: Particulars as to time, place and person. |
| 213 | When manner of committing offence must be stated. | 236 | movednow: When manner of committing offence must be stated. |
| 214 | Words in charge taken in sense of law under which offence is punishable. | 237 | movednow: Words in charge taken in sense of law under which offence is punishable. |
| 215 | Effect of errors. | 238 | movednow: Effect of errors. |
| 216 | Court may alter charge. | 239 | movednow: Court may alter charge. |
| 217 | Recall of witnesses when charge altered. | 240 | movednow: Recall of witnesses when charge altered. |
| 218 | Separate charges for distinct offences. | 241 | movednow: Separate charges for distinct offences. |
| 219 | Three offences of same kind within year may be charged together. | 242 | changednow: Offences of same kind within year may be charged together. |
| 220 | Trial for more than one offence. | 243 | movednow: Trial for more than one offence. |
| 221 | Where it is doubtful what offence has been committed. | 244 | movednow: Where it is doubtful what offence has been committed. |
| 222 | When offence proved included in offence charged. | 245 | movednow: When offence proved included in offence charged. |
| 223 | What persons may be charged jointly. | 246 | movednow: What persons may be charged jointly. |
| 224 | Withdrawal of remaining charges on conviction on one of several charges. | 247 | movednow: Withdrawal of remaining charges on conviction on one of several charges. |
CHAPTER XIX TRIAL BEFORE A COURT OF SESSION14
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 225 | Trial to be conducted by Public Prosecutor. | 248 | movednow: Trial to be conducted by Public Prosecutor. |
| 226 | Opening case for prosecution. | 249 | changednow: Opening case for prosecution. |
| 227 | Discharge. | 250(2) | changednow: Discharge. |
| 228 | Framing of charge. | 251 | changednow: Framing of charge. |
| 229 | Conviction on plea of guilty. | 252 | movednow: Conviction on plea of guilty. |
| 230 | Date for prosecution evidence. | 253 | movednow: Date for prosecution evidence. |
| 231 | Evidence for prosecution. | 254 | changednow: Evidence for prosecution. |
| 231 | 231(2). | 254 | changednow: Evidence for prosecution. |
| 232 | Acquittal. | 255 | movednow: Acquittal. |
| 233 | Entering upon defence. | 256 | movednow: Entering upon defence. |
| 234 | Arguments. | 257 | movednow: Arguments. |
| 235 | Judgment of acquittal or conviction. | 258 | changednow: Judgment of acquittal or conviction. |
| 236 | Previous conviction. | 259 | movednow: Previous conviction. |
| 237 | Procedure in cases instituted under section 199(2). | 260 | movednow: Procedure in cases instituted under sub-section (2) of section 222. |
CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES A.—Cases instituted on a police report13
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 238 | Compliance with section 207. | 261 | movednow: Compliance with section 230. |
| 239 | When accused shall be discharged. | 262(2) | changednow: When accused shall be discharged. |
| 240 | Framing of charge. | 263 | changednow: Framing of charge. |
| 241 | Conviction on plea of guilty. | 264 | movednow: Conviction on plea of guilty. |
| 242 | Evidence for prosecution. | 265 | changednow: Evidence for prosecution. |
| 243 | Evidence for defence. | 266 | changednow: Evidence for defence. |
| 244 | Evidence for prosecution. | 267 | movednow: Evidence for prosecution. |
| 245 | When accused shall be discharged. | 268 | movednow: When accused shall be discharged. |
| 246 | Procedure where accused is not discharged. | 269(7) | changednow: Procedure where accused is not discharged. |
| 247 | Evidence for defence. | 270 | movednow: Evidence for defence. |
| 248 | Acquittal or conviction. | 271 | movednow: Acquittal or conviction. |
| 249 | Absence of complainant. | 272 | changednow: Absence of complainant. |
| 250 | Compensation for accusation without reasonable cause. | 273 | changednow: Compensation for accusation without reasonable cause. |
CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES9
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 251 | Substance of accusation to be stated. | 274 | changednow: Substance of accusation to be stated. |
| 252 | Conviction on plea of guilty. | 275 | movednow: Conviction on plea of guilty. |
| 253 | Conviction on plea of guilty in absence of accused in petty cases. | 276 | movednow: Conviction on plea of guilty in absence of accused in petty cases. |
| 254 | Procedure when not convicted. | 277 | movednow: Procedure when not convicted. |
| 255 | Acquittal or conviction. | 278 | movednow: Acquittal or conviction. |
| 256 | Non-appearance or death of complainant. | 279 | changednow: Non-appearance or death of complainant. |
| 257 | Withdrawal of complaint. | 280 | movednow: Withdrawal of complaint. |
| 258 | Power to stop proceedings in certain cases. | 281 | movednow: Power to stop proceedings in certain cases. |
| 259 | Power of Court to convert summons-cases into warrant-cases. | 282 | movednow: Power of Court to convert summons-cases into warrant-cases. |
CHAPTER XXII SUMMARY TRIALS7
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 260 | (i) Summary trial for imprisonment upto two years | 283(2) | changednow: Power to try summarily. |
| 260 | 260(2). | 283(3) | changednow: Power to try summarily. |
| 261 | Summary trial by Magistrate of second class. | 284 | movednow: Summary trial by Magistrate of second class. |
| 262 | Procedure for summary trials. | 285 | movednow: Procedure for summary trials. |
| 263 | Record in summary trials. | 286 | movednow: Record in summary trials. |
| 264 | Judgment in cases tried summarily. | 287 | movednow: Judgment in cases tried summarily. |
| 265 | Language of record and judgment. | 288 | movednow: Language of record and judgment. |
CHAPTER XXIII PLEA BARGAINING11
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 265A | Application of the Chapter. | 289 | movednow: Application of Chapter. |
| 265B | Application for plea bargaining. | 290 | changednow: Application for plea bargaining. |
| 265C | Guidelines for mutually satisfactory disposition. | 291 | movednow: Guidelines for mutually satisfactory disposition. |
| 265D | Report of the mutually satisfactory disposition to be submitted before the Court. | 292 | movednow: Report of mutually satisfactory disposition to be submitted before Court. |
| 265E | Disposal of the case. | 293 | changednow: Disposal of case. |
| 265F | Judgment of the Court. | 294 | movednow: Judgment of Court. |
| 265G | Finality of the judgment. | 295 | movednow: Finality of judgment. |
| 265H | Power of the Court in plea bargaining. | 296 | movednow: Power of Court in plea bargaining. |
| 265J | Savings. | 298 | movednow: Savings. |
| 265K | Statements of accused not to be used. | 299 | movednow: Statements of accused not to be used. |
| 265L | Non-application of the Chapter. | 300 | movednow: Non-application of Chapter. |
CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS6
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 266 | Definitions. | 301 | movednow: Definitions. |
| 267 | Power to require attendance of prisoners. | 302 | movednow: Power to require attendance of prisoners. |
| 268 | Power of State Government to exclude certain persons from operation of section 267. | 303 | changednow: Power of State Government or Central Government to exclude certain persons from operation of section 302. |
| 269 | Officer in charge of prison to abstain from carrying out order in certain contingencies. | 304 | movednow: Officer in charge of prison to abstain from carrying out order in certain contingencies. |
| 270 | Prisoner to be brought to Court in custody. | 305 | movednow: Prisoner to be brought to Court in custody. |
| 271 | Power to issue commission for examination of witness in prison. | 306 | movednow: Power to issue commission for examination of witness in prison. |
CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS A.—Mode of taking and recording evidence29
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 272 | Language of Courts. | 307 | movednow: Language of Courts. |
| 273 | Evidence to be taken in presence of accused. | 308 | changednow: Evidence to be taken in presence of accused. |
| 274 | Record in summons-cases and inquiries. | 309 | movednow: Record in summons-cases and inquiries. |
| 275 | Record in warrant-cases. | 310 | movednow: Record in warrant-cases. |
| 276 | Record in trial before Court of Session. | 311 | movednow: Record in trial before Court of Session. |
| 277 | Language of record of evidence. | 312 | movednow: Language of record of evidence. |
| 278 | Procedure in regard to such evidence when completed. | 313 | changednow: Procedure in regard to such evidence when completed. |
| 279 | Interpretation of evidence to accused or his advocate. | 314 | movednow: Interpretation of evidence to accused or his advocate. |
| 280 | Remarks respecting demeanour of witness. | 315 | movednow: Remarks respecting demeanour of witness. |
| 281 | Record of examination of accused. | 316 | changednow: Record of examination of accused. |
| 282 | Interpreter to be bound to interpret truthfully. | 317 | movednow: Interpreter to be bound to interpret truthfully. |
| 283 | Record in High Court. | 318 | movednow: Record in High Court. |
| 284 | When attendance of witness may be dispensed with and commission issued. | 319 | movednow: When attendance of witness may be dispensed with and commission issued. |
| 285 | Commission to whom to be issued. | 320 | changednow: Commission to whom to be issued. |
| 286 | Execution of commissions. | 321 | changednow: Execution of commissions. |
| 287 | Parties may examine witnesses. | 322 | movednow: Parties may examine witnesses. |
| 288 | Return of commission. | 323 | movednow: Return of commission. |
| 289 | Adjournment of proceeding. | 324 | movednow: Adjournment of proceeding. |
| 290 | Execution of foreign commissions. | 325 | movednow: Execution of foreign commissions. |
| 291 | Deposition of medical witness. | 326 | movednow: Deposition of medical witness. |
| 291A | Identification report of Magistrate. | 327 | movednow: Identification report of Magistrate. |
| 292 | Evidence of officers of the Mint. | 328 | movednow: Evidence of officers of Mint. |
| 293 | Reports of certain Government scientific experts. | 329 | movednow: Reports of certain Government scientific experts. |
| 294 | No formal proof of certain documents. | 330 | changednow: No formal proof of certain documents. |
| 295 | Affidavit in proof of conduct of public servants. | 331 | movednow: Affidavit in proof of conduct of public servants. |
| 296 | Evidence of formal character on affidavit. | 332 | movednow: Evidence of formal character on affidavit. |
| 297 | Authorities before whom affidavits may be sworn. | 333 | movednow: Authorities before whom affidavits may be sworn. |
| 298 | Previous conviction or acquittal how proved. | 334 | movednow: Previous conviction or acquittal how proved. |
| 299 | Record of evidence in absence of accused. | 335 | movednow: Record of evidence in absence of accused. |
CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS29
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 300 | Person once convicted or acquitted not to be tried for same offence. | 337 | movednow: Person once convicted or acquitted not to be tried for same offence. |
| 301 | Appearance by Public Prosecutors. | 338 | movednow: Appearance by Public Prosecutors. |
| 302 | Permission to conduct prosecution. | 339 | movednow: Permission to conduct prosecution. |
| 303 | Right of person against whom proceedings are instituted to be defended. | 340 | movednow: Right of person against whom proceedings are instituted to be defended. |
| 304 | Legal aid to accused at State expense in certain cases. | 341 | changednow: Legal aid to accused at State expense in certain cases. |
| 305 | Procedure when corporation or registered society is an accused. | 342 | movednow: Procedure when corporation or registered society is an accused. |
| 306 | Tender of pardon to accomplice. | 343 | changednow: Tender of pardon to accomplice. |
| 307 | Power to direct tender of pardon. | 344 | movednow: Power to direct tender of pardon. |
| 308 | Trial of person not complying with conditions of pardon. | 345 | movednow: Trial of person not complying with conditions of pardon. |
| 309 | Power to postpone or adjourn proceedings. | 346 | changednow: Power to postpone or adjourn proceedings. |
| 310 | Local inspection. | 347 | movednow: Local inspection. |
| 311 | Power to summon material witness, or examine person present. | 348 | movednow: Power to summon material witness, or examine person present. |
| 311A | Power of Magistrate to order person to give specimen signatures or handwriting. | 349 | changednow: Power of Magistrate to order person to give specimen signatures or handwriting, etc. |
| 312 | Expenses of complainants and witnesses. | 350 | movednow: Expenses of complainants and witnesses. |
| 313 | Power to examine the accused. | 351 | movednow: Power to examine accused. |
| 314 | Oral arguments and memorandum of arguments. | 352 | movednow: Oral arguments and memorandum of arguments. |
| 315 | Accused person to be competent witness. | 353 | movednow: Accused person to be competent witness. |
| 316 | No influence to be used to induce disclosure. | 354 | movednow: No influence to be used to induce disclosure. |
| 317 | Provision for inquiries and trial being held in the absence of accused in certain cases. | 355 | changednow: Provision for inquiries and trial being held in absence of accused in certain cases. |
| 318 | Procedure where accused does not understand proceedings. | 357 | movednow: Procedure where accused does not understand proceedings. |
| 319 | Power to proceed against other persons appearing to be guilty of offence. | 358 | movednow: Power to proceed against other persons appearing to be guilty of offence. |
| 320 | Compounding of offences. | 359 | changednow: Compounding of offences. |
| 321 | Withdrawal from prosecution. | 360 | changednow: Withdrawal from prosecution. |
| 322 | Procedure in cases which Magistrate cannot dispose of. | 361 | movednow: Procedure in cases which Magistrate cannot dispose of. |
| 323 | Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. | 362 | movednow: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. |
| 324 | Trial of persons previously convicted of offences against coinage, stamp-law or property. | 363 | movednow: Trial of persons previously convicted of offences against coinage, stamp-law or property. |
| 325 | Procedure when Magistrate cannot pass sentence sufficiently severe. | 364 | movednow: Procedure when Magistrate cannot pass sentence sufficiently severe. |
| 326 | Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. | 365 | movednow: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
| 327 | Court to be open. | 366 | movednow: Court to be open. |
CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND12
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 328 | Procedure in case of accused being lunatic | 367 | changednow: Procedure in case of accused being person of unsound mind. |
| 329 | Procedure in case of person of unsound mind tried before Court | 368 | movednow: Procedure in case of person of unsound mind tried before Court. |
| 330 | Release of person of unsound mind pending investigation or trial. | 369 | changednow: Release of person of unsound mind pending investigation or trial. |
| 331 | Resumption of inquiry or trial. | 370 | movednow: Resumption of inquiry or trial. |
| 332 | Procedure on accused appearing before Magistrate or Court. | 371 | movednow: Procedure on accused appearing before Magistrate or Court. |
| 333 | When accused appears to have been of sound mind. | 372 | movednow: When accused appears to have been of sound mind. |
| 334 | Judgment of acquittal on ground of unsoundness of mind. | 373 | movednow: Judgment of acquittal on ground of unsoundness of mind. |
| 335 | Person acquitted on ground of unsoundness of mind to be detained in safe custody. | 374 | changednow: Person acquitted on ground of unsoundness of mind to be detained in safe custody. |
| 336 | Power of State Government to empower officer in charge to discharge. | 375 | movednow: Power of State Government to empower officer in charge to discharge. |
| 337 | Procedure where lunatic prisoner is reported capable of making his defence. | 376 | changednow: Procedure where prisoner of unsound mind is reported capable of making his defence. |
| 338 | Procedure where lunatic detained is declared fit to be released. | 377 | changednow: Procedure where person of unsound mind detained is declared fit to be released. |
| 339 | Delivery of lunatic to care of relative or friend. | 378 | changednow: Delivery of person of unsound mind to care of relative or friend. |
CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE13
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 340 | Procedure in cases mentioned in section 195 | 379 | movednow: Procedure in cases mentioned in section 215. |
| 341 | Appeal. | 380 | movednow: Appeal. |
| 342 | Power to order costs. | 381 | movednow: Power to order costs. |
| 343 | Procedure of Magistrate taking cognizance. | 382 | movednow: Procedure of Magistrate taking cognizance. |
| 344 | Summary procedure for trial for giving false evidence. | 383 | changednow: Summary procedure for trial for giving false evidence. |
| 345 | Procedure in certain cases of contempt. | 384 | changednow: Procedure in certain cases of contempt. |
| 346 | Procedure where Court considers that case should not be dealt with under section 345. | 385 | movednow: Procedure where Court considers that case should not be dealt with under section 384. |
| 347 | When Registrar or Sub-Registrar to be deemed a Civil Court. | 386 | movednow: When Registrar or Sub-Registrar to be deemed a Civil Court. |
| 348 | Discharge of offender on submission of apology. | 387 | movednow: Discharge of offender on submission of apology. |
| 349 | Imprisonment or committal of person refusing to answer or produce document. | 388 | movednow: Imprisonment or committal of person refusing to answer or produce document. |
| 350 | Summary procedure for punishment for non-attendance by a witness in obedience to summons. | 389 | movednow: Summary procedure for punishment for non-attendance by a witness in obedience to summons. |
| 351 | Appeals from convictions under sections 344, 345, 349 and 350. | 390 | movednow: Appeals from convictions under sections 383, 384, 388 and 389. |
| 352 | Certain Judges and Magistrates not to try certain offences when committed before themselves. | 391 | movednow: Certain Judges and Magistrates not to try certain offences when committed before themselves. |
Chapter XXIX THE JUDGMENT16
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 353 | Judgment. | 392 | changednow: Judgment. |
| 354 | Language and contents of judgment. | 393 | movednow: Language and contents of judgment. |
| 355 | Metropolitan Magistrate's judgment. | none | repealed |
| 356 | Order for notifying address of previously convicted offender. | 394 | changednow: Order for notifying address of previously convicted offender. |
| 357 | Order to pay compensation. | 395 | movednow: Order to pay compensation. |
| 357A | Victim compensation scheme. | 396(1), 396(6) | mergednow: Victim compensation scheme. |
| 357B | Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. | 396(7) | mergednow: Victim compensation scheme. |
| 357C | Treatment of victims. | 397 | changednow: Treatment of victims. |
| 358 | Compensation to persons groundlessly arrested. | 399 | movednow: Compensation to persons groundlessly arrested. |
| 359 | Order to pay costs in non-cognizable cases. | 400 | movednow: Order to pay costs in non-cognizable cases. |
| 360 | Order to release on probation of good conduct or after admonition. | 401 | changednow: Order to release on probation of good conduct or after admonition. |
| 361 | Special reasons to be recorded in certain cases. | 402 | movednow: Special reasons to be recorded in certain cases. |
| 362 | Court not to alter judgment. | 403 | movednow: Court not to alter judgment. |
| 363 | Copy of judgment to be given to the accused and other persons. | 404 | changednow: Copy of judgment to be given to accused and other persons. |
| 364 | Judgment when to be translated. | 405 | changednow: Judgment when to be translated. |
| 365 | Court of Session to send copy of finding and sentence to District Magistrate. | 406 | movednow: Court of Session to send copy of finding and sentence to District Magistrate. |
CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION6
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 366 | Sentence of death to be submitted by Court of Session for confirmation. | 407 | movednow: Sentence of death to be submitted by Court of Session for confirmation. |
| 367 | Power to direct further inquiry to be made or additional evidence to be taken. | 408 | movednow: Power to direct further inquiry to be made or additional evidence to be taken. |
| 368 | Power of High Court to confirm sentence or annul conviction. | 409 | movednow: Power of High Court to confirm sentence or annul conviction. |
| 369 | Confirmation or new sentence to be signed by two Judges. | 410 | movednow: Confirmation or new sentence to be signed by two Judges. |
| 370 | Procedure in case of difference of opinion. | 411 | movednow: Procedure in case of difference of opinion. |
| 371 | Procedure in cases submitted to High Court for confirmation. | 412 | changednow: Procedure in cases submitted to High Court for confirmation. |
CHAPTER XXXI APPEALS23
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 372 | No appeal to lie unless otherwise provided. | 413 | movednow: No appeal to lie unless otherwise provided. |
| 373 | Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. | 414 | movednow: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior. |
| 374 | Appeals from convictions. | 415 | changednow: Appeals from convictions. |
| 375 | No appeal in certain cases when accused pleads guilty. | 416 | movednow: No appeal in certain cases when accused pleads guilty. |
| 376 | No appeal in petty cases. | 417 | changednow: No appeal in petty cases. |
| 377 | Appeal by the State Government against sentence. | 418 | changednow: Appeal by State Government against sentence. |
| 378 | Appeal in case of acquittal. | 419 | changednow: Appeal in case of acquittal. |
| 379 | Appeal against conviction by High Court in certain cases. | 420 | movednow: Appeal against conviction by High Court in certain cases. |
| 380 | Special right of appeal in certain cases. | 421 | movednow: Special right of appeal in certain cases. |
| 381 | Appeal to Court of Session how heard. | 422 | changednow: Appeal to Court of Session how heard. |
| 382 | Petition of appeal. | 423 | movednow: Petition of appeal. |
| 383 | Procedure when appellant in jail. | 424 | movednow: Procedure when appellant in jail. |
| 384 | Summary dismissal of appeal. | 425 | movednow: Summary dismissal of appeal. |
| 385 | Procedure for hearing appeals not dismissed summarily. | 426 | movednow: Procedure for hearing appeals not dismissed summarily. |
| 386 | Powers of the Appellate Court. | 427 | movednow: Powers of Appellate Court. |
| 387 | Judgments of subordinate Appellate Court. | 428 | movednow: Judgments of subordinate Appellate Court. |
| 388 | Order of High Court on appeal to be certified to lower Court. | 429 | movednow: Order of High Court on appeal to be certified to lower Court. |
| 389 | Suspension of sentence pending the appeal; release of appellant on bail. | 430 | changednow: Suspension of sentence pending appeal; release of appellant on bail. |
| 390 | Arrest of accused in appeal from acquittal. | 431 | movednow: Arrest of accused in appeal from acquittal. |
| 391 | Appellate Court may take further evidence or direct it to be taken. | 432 | movednow: Appellate Court may take further evidence or direct it to be taken. |
| 392 | Procedure where Judges of Court of Appeal are equally divided. | 433 | movednow: Procedure where Judges of Court of appeal are equally divided. |
| 393 | Finality of judgments and orders on appeal. | 434 | movednow: Finality of judgments and orders on appeal. |
| 394 | Abatement of appeals. | 435 | movednow: Abatement of appeals. |
CHAPTER XXXII REFERENCE AND REVISION11
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 395 | Reference to High Court. | 436 | changednow: Reference to High Court. |
| 396 | Disposal of case according to decision of High Court. | 437 | movednow: Disposal of case according to decision of High Court. |
| 397 | Calling for records to exercise powers of revision. | 438 | changednow: Calling for records to exercise powers of revision. |
| 398 | Power to order inquiry. | 439 | movednow: Power to order inquiry. |
| 399 | Sessions Judge’s powers of revision. | 440 | movednow: Sessions Judge's powers of revision. |
| 400 | Power of Additional Sessions Judge. | 441 | movednow: Power of Additional Sessions Judge. |
| 401 | High Court’s powers of revision. | 442 | movednow: High Court's powers of revision. |
| 402 | Power of High Court to withdraw or transfer revision cases. | 443 | movednow: Power of High Court to withdraw or transfer revision cases. |
| 403 | Option of Court to hear parties. | 444 | movednow: Option of Court to hear parties. |
| 404 | Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. | none | repealed |
| 405 | High Court’s order to be certified to lower Court. | 445 | movednow: High Court's order to be certified to lower Court. |
CHAPTER XXXIII TRANSFER OF CRIMINAL CASES7
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 406 | Power of Supreme Court to transfer cases and appeals. | 446 | movednow: Power of Supreme Court to transfer cases and appeals. |
| 407 | Power of High Court to transfer cases and appeals. | 447 | changednow: Power of High Court to transfer cases and appeals. |
| 408 | Power of Sessions Judge to transfer cases and appeals. | 448 | changednow: Power of Sessions Judge to transfer cases and appeals. |
| 409 | Withdrawal of cases and appeals by Sessions Judge. | 449 | movednow: Withdrawal of cases and appeals by Sessions Judges. |
| 410 | Withdrawal of cases by Judicial Magistrate. | 450 | movednow: Withdrawal of cases by Judicial Magistrates. |
| 411 | Making over or withdrawal of cases by Executive Magistrates. | 451 | movednow: Making over or withdrawal of cases by Executive Magistrates. |
| 412 | Reasons to be recorded. | 452 | movednow: Reasons to be recorded. |
CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.—Death Sentences24
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 413 | Execution of order passed under section 368 | 453 | movednow: Execution of order passed under section 409. |
| 414 | Execution of sentence of death passed by High Court. | 454 | movednow: Execution of sentence of death passed by High Court. |
| 415 | Postponement of execution of sentence of death in case of appeal to Supreme Court. | 455 | movednow: Postponement of execution of sentence of death in case of appeal to Supreme Court. |
| 416 | Postponement of capital sentence on pregnant woman. | 456 | movednow: Commutation of sentence of death on pregnant woman. |
| 417 | Power to appoint place of imprisonment. | 457 | movednow: Power to appoint place of imprisonment. |
| 418 | Execution of sentence of imprisonment. | 458 | changednow: Execution of sentence of imprisonment. |
| 419 | Direction of warrant for execution. | 459 | movednow: Direction of warrant for execution. |
| 420 | Warrant with whom to be lodged. | 460 | movednow: Warrant with whom to be lodged. |
| 421 | Warrant for levy of fine. | 461 | changednow: Warrant for levy of fine. |
| 422 | Effect of such warrant. | 462 | movednow: Effect of such warrant. |
| 423 | Warrant for levy of fine issued by a Court in any territory to which this Code does not extend. | 463 | movednow: Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. |
| 424 | Suspension of execution of sentence of imprisonment. | 464 | changednow: Suspension of execution of sentence of imprisonment. |
| 425 | Who may issue warrant. | 465 | movednow: Who may issue warrant. |
| 426 | Sentence on escaped convict when to take effect. | 466 | movednow: Sentence on escaped convict when to take effect. |
| 427 | Sentence on offender already sentenced for another offence. | 467 | movednow: Sentence on offender already sentenced for another offence. |
| 428 | Period of detention undergone by accused to be set off against sentence of imprisonment. | 468 | movednow: Period of detention undergone by accused to be set off against sentence of imprisonment. |
| 429 | Saving. | 469 | movednow: Saving. |
| 430 | Return of warrant on execution of sentence. | 470 | movednow: Return of warrant on execution of sentence. |
| 431 | Money ordered to be paid recoverable as a fine. | 471 | movednow: Money ordered to be paid recoverable as a fine. |
| 432 | Power to suspend or remit sentences. | 473 | movednow: Power to suspend or remit sentences. |
| 433 | Power to commute sentence. | 474(c), 474(d) | changednow: Power to commute sentence. |
| 433A | Restriction on powers of remission or commutation in certain cases. | 475 | movednow: Restriction on powers of remission or commutation in certain cases. |
| 434 | Concurrent power of Central Government in case of death sentences. | 476 | movednow: Concurrent power of Central Government in case of death sentences. |
| 435 | State Government to act after concurrence with Central Government in certain cases. | 477 | changednow: State Government to act after concurrence with Central Government in certain cases. |
CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS19
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 436 | In what cases bail to be taken. | 478 | movednow: In what cases bail to be taken. |
| 436A | Maximum period for which undertrial prisoner can be detained. | 479(2), 479(3) | changednow: Maximum period for which under-trial prisoner can be detained. |
| 437 | When bail may be taken in case of non-bailable offence. | 480 | changednow: When bail may be taken in case of non-bailable offence. |
| 437A | Bail to require accused to appear before next appellate Court. | 481 | changednow: Bail to require accused to appear before next Appellate Court. |
| 438 | Direction for grant of bail to person apprehending arrest. | 482 | movednow: Direction for grant of bail to person apprehending arrest. |
| 439 | Special powers of High Court or Court of Session regarding bail. | 483 | movednow: Special powers of High Court or Court of Session regarding bail. |
| 440 | Amount of bond and reduction thereof. | 484 | movednow: Amount of bond and reduction thereof. |
| 441 | Bond of accused and sureties. | 485 | changednow: Bond of accused and sureties. |
| 441A | Declaration by sureties. | 486 | movednow: Declaration by sureties. |
| 442 | Discharge from custody. | 487 | changednow: Discharge from custody. |
| 443 | Power to order sufficient bail when that first taken is insufficient | 488 | movednow: Power to order sufficient bail when that first taken is insufficient. |
| 444 | Discharge of sureties. | 489 | movednow: Discharge of sureties. |
| 445 | Deposit instead of recognizance. | 490 | changednow: Deposit instead of recognizance. |
| 446 | Procedure when bond has been forfeited. | 491 | movednow: Procedure when bond has been forfeited. |
| 446A | Cancellation of bond and bail bond. | 492 | changednow: Cancellation of bond and bail bond. |
| 447 | Procedure in case of insolvency or death of surety or when a bond is forfeited. | 493 | movednow: Procedure in case of insolvency or death of surety or when a bond is forfeited. |
| 448 | Bond required from minor. | 494 | changednow: Bond required from child. |
| 449 | Appeal from orders under section 446. | 495 | movednow: Appeal from orders under section 491. |
| 450 | Power to direct levy of amount due on certain recognizances. | 496 | movednow: Power to direct levy of amount due on certain recognizances. |
CHAPTER XXXVI DISPOSAL OF PROPERTY9
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 451 | Order for custody and disposal of property pending trial in certain cases. | 497 | changednow: Order for custody and disposal of property pending trial in certain cases. |
| 452 | Order for disposal of property at conclusion of trial. | 498 | movednow: Order for disposal of property at conclusion of trial. |
| 453 | Payment to innocent purchaser of money found on accused. | 499 | movednow: Payment to innocent purchaser of money found on accused. |
| 454 | Appeal against orders under section 452 or section 453. | 500 | movednow: Appeal against orders under section 498 or section 499. |
| 455 | Destruction of libellous and other matter. | 501 | movednow: Destruction of libellous and other matter. |
| 456 | Power to restore possession of immovable property. | 502 | movednow: Power to restore possession of immovable property. |
| 457 | Procedure by police upon seizure of property. | 503 | movednow: Procedure by police upon seizure of property. |
| 458 | Procedure where no claimant appears within six months. | 504 | movednow: Procedure where no claimant appears within six months. |
| 459 | Power to sell perishable property. | 505 | changednow: Power to sell perishable property. |
CHAPTER XXXVII IRREGULAR PROCEEDINGS7
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 460 | Irregularities which do not vitiate proceedings. | 506 | movednow: Irregularities which do not vitiate proceedings. |
| 461 | Irregularities which vitiate proceedings. | 507 | changednow: Irregularities which vitiate proceedings. |
| 462 | Proceedings in wrong place. | 508 | movednow: Proceedings in wrong place. |
| 463 | Non-compliance with provisions of section 164 or section 281. | 509 | movednow: Non-compliance with provisions of section 183 or section 316. |
| 464 | Effect of omission to frame, or absence of, or error in, charge. | 510 | movednow: Effect of omission to frame, or absence of, or error in, charge. |
| 465 | Finding or sentence when reversible by reason of error, omission or irregularity. | 511 | movednow: Finding or sentence when reversible by reason of error, omission or irregularity. |
| 466 | Defect or error not to make attachment unlawful. | 512 | movednow: Defect or error not to make attachment unlawful. |
CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES7
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 467 | Definitions. | 513 | movednow: Definitions. |
| 468 | Bar to taking cognizance after lapse of the period of limitation. | 514 | changednow: Bar to taking cognizance after lapse of period of limitation. |
| 469 | Commencement of the period of limitation. | 515 | movednow: Commencement of period of limitation. |
| 470 | Exclusion of time in certain cases. | 516 | movednow: Exclusion of time in certain cases. |
| 471 | Exclusion of date on which Court is closed. | 517 | movednow: Exclusion of date on which Court is closed. |
| 472 | Continuing offence. | 518 | movednow: Continuing offence. |
| 473 | Extension of period of limitation in certain cases. | 519 | movednow: Extension of period of limitation in certain cases. |
CHAPTER XXXIX MISCELLANEOUS11
| CrPC | Provision | BNSS | What happened |
|---|---|---|---|
| 474 | Trials before High Courts. | 520 | movednow: Trials before High Courts. |
| 475 | Delivery to commanding officers of persons liable to be tried by Court-martial. | 521 | movednow: Delivery to commanding officers of persons liable to be tried by Court-martial. |
| 476 | Forms. | 522 | movednow: Forms. |
| 477 | Power of High Court to make rules. | 523 | movednow: Power of High Court to make rules. |
| 478 | Power to alter functions allocated to Executive Magistrate in certain cases. | 524 | movednow: Power to alter functions allocated to Executive Magistrate in certain cases. |
| 479 | Cases in which Judge or Magistrate is personally interested. | 525 | movednow: Cases in which Judge or Magistrate is personally interested. |
| 480 | Practising pleader not to sit as Magistrate in certain Courts. | 526 | movednow: Practising advocate not to sit as Magistrate in certain Courts. |
| 481 | Public servant concerned in sale not to purchase or bid for property. | 527 | movednow: Public servant concerned in sale not to purchase or bid for property. |
| 482 | Saving of inherent powers of High Court. | 528 | movednow: Saving of inherent powers of High Court. |
| 483 | Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. | 529 | movednow: Duty of High Court to exercise continuous superintendence over Courts. |
| 484 | Repeal and savings. | 531 | changednow: Repeal and savings. |
Not legal advice. This page explains what a provision says and how the procedure around it works, checked against the Act as in force on the date shown. It is not advice about a charge, a complaint or an arrest, and it cannot be: whether a provision fits a set of facts is the question a court decides, and the facts a page cannot see are usually the ones that matter. If you are facing a criminal matter, or deciding whether to start one, speak to an advocate.
Last reviewed September 2026.