BNSS Sections |
CrPC Sections |
Subject |
Comparison |
1 |
1 |
Short title, extent and commencement. |
The Act name i.e., Bharatiya Nagarik Suraksha Sanhita has been mentioned. |
2 |
2 |
Definitions. |
Several new subsections, such as 2(1)(a), 2(1)(b), 2(1)(d), and 2(1)(e), have been added, while others, namely 2(f), 2(k), 2(q), and 2(t) of CrPC have been excluded. |
2(1)(a) |
- |
"audio-video electronic means”. |
Newly added. |
2(1)(b) |
- |
"bail" |
Newly added. |
2(1)(c) |
2(a)] |
"bailable offence". |
No change. |
2(1)(d) |
- |
"bail bond". |
Newly added. |
2(1)(e) |
- |
"bond". |
Newly added. |
2(1)(f) |
2(b) |
"charge". |
No change. |
2(1)(g) |
2(c) |
"cognizable offence". |
No change. |
2(1)(h) |
2(d) |
"complaint". |
No change except the word "Code" has been replaced with "Sanhita". |
2(1)(i) |
- |
"electronic communication". |
Newly added. |
2(1)(j) |
2(e) |
"High Court". |
No change. |
2(1)(k) |
2(g) |
"inquiry". |
No change. |
2(1)(l) |
2(h) |
"investigation". |
The term "Code" has been replaced with "Sanhita". Explanation that in case of inconsistency provisions of a Special Act shall prevail. |
2(1)(m) |
2(i) |
"judicial proceeding". |
No change. |
2(1)(n) |
2(j) |
"local jurisdiction". |
No change. |
2(1)(o) |
2(l) |
"non-cognizable offence". |
No change. |
2(1)(p) |
2(m) |
"notification". |
No change. |
2(1)(q) |
2(n) |
"offence". |
No change. |
2(1)(r) |
2(o) |
"officer in charge of a police station". |
No change. |
2(1)(s) |
2(p) |
"place". |
No change. |
2(1)(t) |
2(r ) |
"police report". |
No change. |
2(1)(u) |
2(s) |
"police station". |
No change. |
2(1)(v) |
2(u) |
"Public Prosecutor". |
No change. |
2(1)(w ) |
2(v) |
"sub-division". |
No change. |
2(1)(x) |
2(w) |
"summons-case". |
No change. |
2(1)(y) |
2 (wa) |
"victim". |
The words "for which accused person has been charged and the expression victim” have been substituted by "of the accused person" etc. |
2(1)(z) |
2(x) |
"warrant-case". |
No change. |
2(2) |
2(y) |
Words and expressions used. |
Words and expressions that are utilized within the Sanhita but are not specifically defined here shall be interpreted in accordance with their respective definitions as provided in the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000. |
3 |
3 |
Construction of references. |
Sub-sections 3(1) and 3(2) of the Criminal Procedure Code (CrPC) have been excluded. Clauses (a) and (b) of sub-section 3(3) have been merged and rearranged, retaining the same meaning except for the exclusion of the phrase “or of the third class.” Additionally, clauses (c) and (d) of sub-section 3(3) of the CrPC have also been excluded in the Bharatiya Nyaya Sanhita (BNSS). |
4 |
4 |
Trial of offences under Bharatiya Nyaya Sanhita and other laws. |
No change. |
5 |
5 |
Saving. |
No change. |
6 |
6 |
Classes of Criminal Courts. |
Words "in any Metropolitan area, Metropolitan Magistrates" are excluded. |
7 |
7 |
Territorial divisions. |
Proviso related to Metropolitan area, excluded. |
8 |
9 |
Court of Session. |
The position of Assistant Sessions Judges has been excluded, and new subsections (7) and (8) have been added. Under the BNSS, the roles of Judicial Magistrate of the third class, Metropolitan Magistrate, and Assistant Sessions Judges have been abolished. Consequently, amendments have been made to various sections, including 8, 11, 12, 14, 17, 22, 29, 113, 196, 214, 320, 321, 415, 422, and 436 of the BNSS. |
9 |
11 |
Courts of Judicial Magistrates. |
The words "not being a Metropolitan area" are excluded. |
10 |
12 |
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. |
No Change |
11 |
13 |
Special Judicial Magistrates. |
No Change |
12 |
14 |
Local jurisdiction of Judicial Magistrates. |
The words "Metropolitan area" and Chief Metropolitan Magistrate are excluded. |
13 |
15 |
Subordination of Judicial Magistrates. |
No change. |
14 |
20 |
Executive Magistrates. |
The words "in any Metropolitan area, Metropolitan Magistrates" are excluded. |
15 |
21 |
Special Executive Magistrates. |
With the new addition, the State Government is authorized to appoint police officers of the rank of Superintendent of Police or equivalent as Special Executive Magistrates. |
16 |
22 |
Local Jurisdiction of Executive Magistrates. |
No change. |
17 |
23 |
Subordination of Executive Magistrates. |
The words "other than the additional District Magistrate" are excluded. |
18 |
24 |
Public Prosecutors. |
New proviso is added to subsection (1). |
19 |
25 |
Assistant Public Prosecutors. |
The timeline of fourteen days for notifying the state government regarding the appointment of an Assistant Public Prosecutor has been specified. The proviso has been rephrased, but its meaning remains unchanged. |
20 |
25A |
Directorate of Prosecution. |
The new addition includes subsection (1)(b), which pertains to the establishment of the District Directorate of Prosecution. Subsections (8), (9), (10), and (11) have also been newly added. |
21 |
26 |
Courts by which offences are triable. |
No change. |
22 |
28 |
Sentences which High Courts and Sessions Judges
may pass. |
Sub Section 28(3) of CrPC is excluded. |
23 |
29 |
Sentences which Magistrates may pass. |
The amount of fines has been revised: ten thousand has been increased to fifty thousand, and five thousand has been increased to ten thousand. The explanation of Section 23 now defines "community service." Sub-section 29(4) of the CrPC has been excluded. |
24 |
30 |
Sentence of imprisonment in default of fine. |
No change. |
25 |
31 |
Sentence in cases of conviction of several offences at one trial. |
Sub section (1) is reframed but the essence is same. In subsection (2) (a) fourteen years is replaced by twenty years. |
26 |
32 |
Mode of conferring powers. |
No change. |
27 |
33 |
Powers of officers appointed. |
No Change |
28 |
34 |
Withdrawal of powers. |
No Change |
29 |
35 |
Powers of Judges and Magistrates exercisable by their successors-in-office. |
The words "Additional or Assistant session Judge" are excluded. |
30 |
36 |
Powers of superior officers of police. |
No change. |
31 |
37 |
Public when to assist Magistrates and police. |
The words "railway, canal, telegraph or" are excluded thereby scope of the provision is enlarged. |
32 |
38 |
Aid to person, other than police officer, executing warrant. |
No change. |
33 |
39 |
Public to give information of certain offences. |
No Change |
34 |
40 |
Duty of officers employed in connection with the affairs of a village to make certain report. |
In subsection (2)(ii), instead of listing the BNS sections corresponding to IPC sections, it now specifies offenses punishable by imprisonment of ten years or more. |
35 |
41 &41A |
When police may arrest without warrant. |
A new subsection 7 has been added: “No arrest shall be made without prior permission from an officer not below the rank of Deputy Superintendent of Police in cases where the offense is punishable by imprisonment of less than three years and the person is either infirm or above sixty years of age. |
36 |
41B |
Procedure of arrest and duties of officer making arrest. |
The words "any other person" is added are clause (c). |
37 |
41C |
Designated Police Officer. |
Sub-sections (2) and (3) of the CrPC have been merged into (1)(b), and a provision has been made for designating a police officer not below the rank of Assistant Sub-Inspector for this purpose. |
38 |
41D |
Right of arrested person to meet an advocate of his choice during interrogation. |
No change. |
39 |
42 |
Arrest on refusal to give name and residence. |
The words "his executing a bond with or without sureties" are replaced by "bond or bail bond,". |
40 |
43 |
Arrest by private person and procedure on such arrest. |
In subsection (1), the phrase "without unnecessary delay" has been further specified as "but within six hours from such arrest." In subsection (2), "re-arrest" has been replaced with "take him into custody. |
41 |
44 |
Arrest by Magistrate. |
No change. |
42 |
45 |
Protection of members of the Armed Forces from arrest. |
No change. |
43 |
46 |
Arrest how made. |
A new subsection (3) has been added, addressing the use of handcuffs for habitual or repeat offenders or those accused of certain specified offenses mentioned in the subsection. |
44 |
47 |
Search of place entered by person sought to be arrested. |
No change. |
45 |
48 |
Pursuit of offenders into other jurisdictions. |
No change. |
46 |
49 |
No unnecessary restraint. |
No change. |
47 |
50 |
Person arrested to be informed of grounds of arrest and of right to bail. |
No change. |
48 |
50A |
Obligation of person making arrest to inform about the arrest, etc , to relative or friend. |
In subsection (1), the phrase "and also to the designated police officer in the district" has been added. In subsection (3), the words "may be prescribed in this behalf by" have been replaced with "may, by rules, provide." |
49 |
51 |
Search of arrested person. |
No Change except the word "whenever" is excluded from clause (ii) of subsection (1). |
50 |
52 |
Power to seize offensive weapons. |
The words "immediately after the arrest is made" are added. |
51 |
53 |
Examination of accused by medical practitioner at the request of police officer. |
In subsection (1), the phrase "not below the rank of sub-inspector" has been removed. A new subsection (3) has been introduced, requiring medical practitioners to forward examination reports to the investigator without delay. In the explanation (b), "defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956)" has been replaced with "recognized under the National Medical Commission Act, 2019 (30 of 2019)," and "the National Medical Register" has been added as an alternative to the State Medical Register. |
52 |
53A |
Examination of person accused of rape by medical practitioner. |
The words "police officer not below the rank of Sub- Inspector" are replaced by "any police officer". |
53 |
54 |
Examination of arrested person by medical officer. |
A new proviso has been added to subsection (1), stating that an additional examination may be conducted if deemed necessary by the medical practitioner. |
54 |
54A |
Identification of person arrested. |
The second proviso has been excluded as its content is already addressed in the first proviso, which now includes the requirement that "the identification process shall be recorded by any audio-video electronic means. |
55 |
55 |
Procedure when police officer deputes subordinate to arrest without warrant. |
No change. |
56 |
55A |
Health and safety of arrested person. |
No change. |
57 |
56 |
Person arrested to be taken before Magistrate or officer in charge of police station. |
No change. |
58 |
57 |
Person arrested not to be detained more than twenty- four hours. |
No change except the words "whether having jurisdiction or not" are added. |
59 |
58 |
Police to report apprehensions. |
No change. |
60 |
59 |
Discharge of person apprehended. |
"Bail" is replaced with "bail bond". |
61 |
60 |
Power, on escape, to pursue and retake. |
No change. |
62 |
60A |
Arrest to be made strictly according to the Sanhita. |
No change. |
63 |
61 |
Form of summons. |
A new clause (ii) has been added, stating that communications must be "in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or a digital signature." |
64 |
62 |
Summons how served. |
Two new provisos regarding electronic communication have been added under subsections (1) and (2). Additionally, the word "personally" has been included in subsection (3). |
65 |
63 |
Service of summons on corporate bodies, firms, and societies. |
In subsection (1), the addition of 'Director' and 'Manager' is made.
A new subsection (2) addresses the service of summons on any partner of a firm or other association of individuals." |
66 |
64 |
Service when persons summoned cannot be found. |
The word “male” is excluded to make the provision gender neutral. |
67 |
65 |
Procedure when service cannot be effected as before provided. |
No change. |
68 |
66 |
Service on Government servant. |
No change. |
69 |
67 |
Service of summons outside local limits. |
No change. |
70 |
68 |
Proof of service in such cases and when serving officer not present. |
According to the recently added subsection (3), the validity of serving summons through electronic communication is established, and it is required to maintain an attested copy of the summons as evidence of the service. |
71 |
69 |
Service of summons on witness by post. |
Subsection (1) now includes the phrase "by electronic communication or," indicating that summons can be served through electronic means. Subsection (2) has been amended to state that proof of delivery of summons through electronic communication, as described in subsection (3) of section 70, must be provided and deemed satisfactory by the Court. |
72 |
70 |
Form of warrant of arrest and duration. |
No change. |
73 |
71 |
Power to direct security to be taken. |
No change. |
74 |
72 |
Warrants to whom directed. |
No change. |
75 |
73 |
Warrant may be directed to any person. |
No change. |
76 |
74 |
Warrant directed to police officer. |
No change. |
77 |
75 |
Notification of substance of warrant. |
No change. |
78 |
76 |
Person arrested to be brought before court without delay. |
No change. |
79 |
77 |
Where warrant may be executed. |
No change. |
80 |
78 |
Warrant forwarded for execution outside jurisdiction. |
No change. |
81 |
79 |
Warrant directed to police officer for execution outside jurisdiction. |
No change. |
82 |
80 |
Procedure on arrest of person against whom warrant issued. |
A new subsection (2) has been introduced, which pertains to the requirement of providing information to the designated police officer of the district where the arrested person resides. |
83 |
81 |
Procedure by Magistrate before whom such person arrested is brought. |
The word "bail" is replaced by "bail bond". |
84 |
82 |
Proclamation for person absconding. |
Subsection (4) now specifies that punishments related to corresponding BNS sections will replace IPC sections. It also mentions that offences that carry a punishment of ten years or more imprisonment, etc., are included. |
85 |
83 |
Attachment of property of person absconding. |
The words "of property " is added in clause (b) of subsection (1). |
86 |
- |
Identification and attachment of property of proclaimed person. |
Newly added. |
87 |
84 |
Claims and objections to attachment. |
No change. |
88 |
85 |
Release, sale and restoration of attached property. |
No change. |
89 |
86 |
Appeal from order rejecting application for restoration of attached property. |
No change. |
90 |
87 |
Issue of warrant in lieu of, or in addition to, summons. |
No change. |
91 |
88 |
Power to take bond or bail bond for appearance. |
The heading now specifies the addition of the words "or bail bond." Additionally, the phrase "bond with or without sureties" has been replaced with "bond or bail bond." |
92 |
89 |
Arrest on breach of bond or bail bond for appearance. |
The words "or bail bond" are added. |
93 |
90 |
Provisions of this Chapter generally applicable to summonses and warrants of arrest. |
No change. |
94 |
91 |
Summons to produce document or other thing. |
In relation to document production, the phrase "electronic communication, including communication devices that may contain digital evidence" has been inserted, and the phrase "either in physical or electronic format, necessitate" is used in connection with summoning an individual in possession of a document. In subsection (3)(a), the relevant sections of the Indian Evidence Act, 1872 have been substituted with sections of the Bharatiya Sakshya Adhiniyam, 2023, with the exclusion of the term "telegram." |
95 |
92 |
Procedure as to letters. |
"telegram” and “or telegraph” words are excluded. |
96 |
93 |
When search-warrant may be issued. |
The words “or telegraph” are excluded. |
97 |
94 |
Search of place suspected to contain stolen property, forged documents, etc. |
In subsection (2)(a), the Metal Token Act, 1889 (1 of 1889) is substituted with the Coinage Act, 2011 (11 of 2011). The sections of Bharatiya Sakshya Adhiniyam, 2023 replace the corresponding sections of the Indian Penal Code (IPC). |
98 |
95 |
Power to declare certain publications forfeited and to issue search-warrants for the same. |
BNS sections replace corresponding IPC Sections. |
99 |
96 |
Application to High Court to set aside declaration of forfeiture. |
No change. |
100 |
97 |
Search for persons wrongfully confined. |
No change. |
101 |
98 |
Power to compel restoration of abducted females. |
The words "under the age of eighteen years" and “husband” are excluded. |
102 |
99 |
Direction, etc, of search- warrants. |
No change. |
103 |
100 |
Persons in charge of closed place to allow search. |
In subsection (8) BNS sections replaces corresponding IPC sections. |
104 |
101 |
Disposal of things found in search beyond jurisdiction. |
No change. |
105 |
- |
Recording of search and seizure through audio-video electronic means. |
The act of searching a location or seizing property, objects, or items under this Chapter or under section 185, which includes the compilation of a list of all the seized items during the search and seizure process, as well as the signing of that list by witnesses, shall be documented using audio-video electronic methods, preferably a mobile phone. The police officer conducting the search must promptly submit this recording to the appropriate authorities such as the District Magistrate, Sub-divisional Magistrate, or First-Class Judicial Magistrate. |
106 |
102 |
Power of police officer to seize certain property. |
No change. |
107 |
- |
Attachment, forfeiture or restoration of property. |
Newly added. |
108 |
103 |
Magistrate may direct search in his presence. |
No change. |
109 |
104 |
Power to impound document, etc , produced. |
No change. |
110 |
105 |
Reciprocal arrangements regarding processes. |
No change. |
111 |
105A |
Definitions. |
No change. |
112 |
166A |
Letter of request to competent authority for investigation in a country or place outside India. |
No change except the words "Notwithstanding anything contained in this code" are excluded. |
113 |
166B |
Letter of request from a country or place outside India to a Court or an authority for investigation in India. |
No change except the words "or such Metropolitan Magistrate" are excluded. |
114 |
105B |
Assistance in securing transfer of persons. |
No change except the words "Notwithstanding anything contained in this code" are excluded. |
115 |
105C |
Assistance in relation to orders of attachment or forfeiture of property. |
No change. |
116 |
105D |
Identifying unlawfully acquired property. |
No change. |
117 |
105E |
Seizure or attachment of property. |
No change. |
118 |
105F |
Management of properties seized or forfeited under this Chapter. |
No change. |
119 |
105G |
Notice of forfeiture of property. |
No change. |
120 |
105H |
Forfeiture of property in certain cases. |
In subsection (4),"the Companies Act, 2013 (18 of 2013)
replaces "the Companies Act, 1956 (1 of 1956)". |
121 |
105I |
Fine in lieu of forfeiture. |
No change. |
122 |
105J |
Certain transfers to be null and void. |
No change. |
123 |
105K |
Procedure in respect of letter of request. |
No change. |
124 |
105L |
Application of this Chapter. |
No change. |
125 |
106 |
Security for keeping the peace on conviction. |
No change. |
126 |
107 |
Security for keeping the peace in other cases. |
No change. |
127 |
108 |
Security for good behaviour from persons disseminating seditious matters. |
BNS sections replace corresponding IPC sections. |
128 |
109 |
Security for good behaviour from suspected persons. |
No change. |
129 |
110 |
Security for good behaviour from habitual offenders. |
The corresponding IPC sections are substituted by BNS sections. Subsection (f) (i) includes newly added clauses (e) of the Protection of Civil Rights Act, 1955 (22 of 1955), and (g) of The Food Safety and Standards Act, 2006 (34 of 2006). "Bond with sureties" is now replaced with "bail bond." |
130 |
111 |
Order to be made. |
The words "after considering the sufficiency and fitness of sureties" are added. |
131 |
112 |
Procedure in respect of person present in Court. |
No change. |
132 |
113 |
Summons or warrant in case of person not so present. |
No change. |
133 |
114 |
Copy of order to accompany summons or warrant. |
No change. |
134 |
115 |
Power to dispense with personal attendance. |
"pleader" is replaced by "advocate". |
135 |
116 |
Inquiry as to truth of information. |
The words "with or without sureties" are excluded "or bail bond" is added. |
136 |
117 |
Order to give security. |
No Change |
137 |
118 |
Discharge of person informed against. |
No change. |
138 |
119 |
Commencement of period for which security is required. |
No change. |
139 |
120 |
Contents of bond. |
"or bail bond" is added. |
140 |
121 |
Power to reject sureties. |
“bond” is replaced by “bail bond”. |
141 |
122 |
Imprisonment in default of security. |
The words "with or without sureties" and "Assistant Sessions Judge" are excluded. "or bail bond" is added. |
142 |
123 |
Power to release persons imprisoned for failing to give security. |
No change. |
143 |
124 |
Security for unexpired period of bond. |
"or bail bond" is added. |
144 |
125 |
Order for maintenance of wives, children and parents. |
"minor" is replaced by "child". |
145 |
126 |
Procedure. |
In subsection (1), clause (d) is added. In subsection (2), pleader is replaced by "advocate". |
146 |
127 |
Alteration in allowance. |
No change. |
147 |
128 |
Enforcement of order of maintenance. |
No change. |
148 |
129 |
Dispersal of assembly by use of civil force. |
No change. |
149 |
130 |
Use of armed forces to disperse assembly. |
In sub-section (1), the phrase "any such assembly" is substituted with "any assembly referred to in sub-section (1) of section 148," and the term "Executive Magistrate of the highest rank" is replaced with "District Magistrate or any other Executive Magistrate authorized by him". In sub-section (2), the term "Magistrate" is substituted with "Executive Magistrate". |
150 |
131 |
Power of certain armed force officers to disperse assembly. |
No change. |
151 |
132 |
Protection against prosecution for acts done under sections 148, 149 and
150. |
The word "military" is replaced by "army". |
152 |
133 |
Conditional order for removal of nuisance. |
No change. |
153 |
134 |
Service or notification of order. |
No change. |
154 |
135 |
Person to whom order is addressed to obey or show cause. |
The words "and appearance or hearing through audio-video conferencing may also be allowed." are included in clause (b). |
155 |
136 |
Penalty for failure to comply with section 154. |
The phrase "such person" is substituted with "person against whom an order is made under section 154" and the relevant IPC section is replaced with the corresponding BNS section. |
156 |
137 |
Procedure where existence of public right is denied. |
No change. |
157 |
138 |
Procedure where person against whom order is made under section 152 appears to show cause. |
New proviso regarding completion of proceedings is added thereby a timeline is stipulated for the purpose. |
158 |
139 |
Power of Magistrate to direct local investigation and examination of an expert. |
No change. |
159 |
140 |
Power of Magistrate to furnish written instructions, etc. |
No change. |
160 |
141 |
Procedure on order being made absolute and consequences of disobedience. |
No change. |
161 |
142 |
Injunction pending inquiry. |
No change. |
162 |
143 |
Magistrate may prohibit repetition or continuance of public nuisance. |
The words "or Deputy Commissioner of Police" are added. |
163 |
144 |
Power to issue order in urgent cases of nuisance or apprehended danger. |
No change. |
164 |
145 |
Procedure where dispute concerning land or water is likely to cause breach of peace. |
No change. |
165 |
146 |
Power to attach subject of dispute and to appoint receiver. |
No change. |
166 |
147 |
Dispute concerning right of use of land or water. |
The phrase "For the purposes of this sub-section" is included in the Explanation. The term "pleader" is substituted with "advocate". |
167 |
148 |
Local inquiry. |
The word “pleader” is replaced by “advocate”. |
168 |
149 |
Police to prevent cognizable offences. |
No change. |
169 |
150 |
Information of design to commit cognizable offences. |
No change. |
170 |
151 |
Arrest to prevent the commission of cognizable offences. |
No change. |
171 |
152 |
Prevention of injury to public property. |
No change. |
172 |
- |
Persons bound to conform to lawful directions of police. |
“(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.
(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.” |
173 |
154 |
Information in cognizable cases. |
The scope of filing an FIR is expanded by including the phrase "irrespective of the area where the offence is committed". This concept is commonly referred to as 'zero FIR'. To make it more contemporary, the phrase "by electronic communication" is added. This addition is known as eFIR. A new subsection (3) is introduced, which involves a preliminary inquiry to determine if there is a prima facie case and proceed with the investigation for cognizable offences punishable for three to seven years. Additionally, in subsection (4), the words "failing which such aggrieved person may make an application to the Magistrate" are included. |
174 |
155 |
Information as to non- cognizable cases and investigation of such cases. |
An additional provision is made in subsection (1) by including clause (ii) which mandates the regular submission of the daily diary report of non-cognizable cases to the Magistrate every two weeks. |
175 |
156 |
Police officer's power to investigate cognizable case. |
An amendment has been made to subsection (1) by introducing a new proviso. A new subsection (4) has been added to ensure the protection of public servants from unnecessary harassment while carrying out their official duties. Additionally, subsection (3) has been modified in accordance with subsection (4) of section 173. |
176 |
157 |
Procedure for investigation. |
Subsection (1) has been amended to include audio-video electronic means in clause (b). Subsection (2) now includes the requirement to forward the daily diary report fortnightly to the Magistrate. A new subsection (3) has been introduced, which mandates the presence of forensic experts at the crime scene for offenses punishable by seven years or more. |
177 |
158 |
Report how submitted. |
No change. |
178 |
159 |
Power to hold investigation or preliminary inquiry. |
No change. |
179 |
160 |
Police officer's power to require attendance of witnesses. |
The first proviso undergoes two changes - the age limit of "sixty-five years" is revised to "sixty years" and the inclusion of "or a person with acute illness". Additionally, a new proviso is introduced, resulting in an expansion of the provision's coverage. |
180 |
161 |
Examination of witnesses by police. |
No change. |
181 |
162 |
Statements to police and use thereof. |
The section heading has been amended, with the BSA sections replacing the corresponding sections of the Indian Evidence Act. |
182 |
163 |
No inducement to be offered. |
No change. |
183 |
164 |
Recording of confessions and statements. |
The first proviso added to Section 183(6)(a) specifies that, whenever possible, statements should be recorded by a female Magistrate. Similarly, a second proviso has been added to Section 183(6)(a) which mandates the recording of a witness's statement by a Magistrate in cases involving offenses punishable by imprisonment for ten years or more, imprisonment for life, or death. Additionally, the fourth proviso to Section 183(6)(a) allows for the recording of statements from individuals who are temporarily or permanently mentally or physically disabled using audio-video electronic methods. |
184 |
164A |
Medical examination of the victim of rape. |
The requirement for medical practitioners to promptly forward reports to the investigating officer has been modified, with the timeframe for doing so now set at within a period of seven days. |
185 |
165 |
Search by police officer. |
A recent amendment to Section 185(2) now requires the recording of searches conducted through audio, video, or electronic methods. Additionally, according to Subsection (5) of 185 of BNSS, the copies of these records must be sent to the Magistrate immediately, but no later than 48 hours. |
186 |
166 |
When officer in charge of police station may require another to issue search- warrant. |
No change. |
187 |
167 |
Procedure when investigation cannot be completed in twenty-four hours. |
An addition to Subsection (2) of Section 187 of BNSS stipulates that the Magistrate assigned to a case may, regardless of their jurisdiction to try it, decide whether the accused person should be detained. The Magistrate will consider factors such as whether the accused is currently out on bail or if their bail has been revoked. They have the authority to grant multiple periods of detention, not exceeding a total of fifteen days, during the initial forty days or sixty days out of the total detention period of sixty days or ninety days, as specified in Subsection (3). |
188 |
168 |
Report of investigation by subordinate police officer. |
No change. |
189 |
169 |
Release of accused when evidence deficient. |
The words "with or without sureties" are excluded and "or bail bond" are added. |
190 |
170 |
Cases to be sent to Magistrate, when evidence is sufficient. |
New proviso is added to subsection (1) regarding taking security from accused not in custody before the magistrate and mandate the Magistrate to accept the same. |
191 |
171 |
Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. |
No change. |
192 |
172 |
Diary of proceedings in investigation. |
No change. |
193 |
173 |
Report of police officer on completion of investigation. |
Section 193(2) expands the requirement to complete the investigation within two months to include offenses under the Protection of Children from Sexual Offences Act and offenses of rape and gang rape. Additionally, reports to the Magistrate can now be sent electronically, according to Section 193(3)(i) of the BNSS. A new clause (i) has been added to subsection 193(3), which states that the report must also include information about the custody of electronic devices. Section 193(3)(ii) requires the police officer to provide updates on the progress of the investigation to the informant or victim within 90 days, using any means of communication including electronic. A newly added subsection (8) mandates that the investigating police officer must submit copies of the police report to the accused, with electronic communication being authorized for this purpose. Lastly, the new proviso to subsection (6) allows for further investigation during the trial, with the permission of the Court. |
194 |
174 |
Police to enquire and report on suicide, etc. |
In subsection (2), the requirement to send the report to the DM and SDM "forthwith" has been revised to send it "within twenty-four hours". Additionally, the term "man" has been replaced with "person". |
195 |
175 |
Power to summon persons. |
According to the amendment to Subsection (1) of 195, individuals who are male and under fifteen years old, or over sixty years old, and also women, mentally or physically disabled individuals, or those suffering from acute illness, are not obliged to appear at a location other than their place of residence. However, they may choose to voluntarily visit the police station if they wish. |
196 |
176 |
Inquiry by Magistrate into cause of death |
The words "Judicial Magistrate" are replaced by "Magistrate", and Metropolitan Magistrate is excluded. |
197 |
177 |
Ordinary place of inquiry and trial. |
No change. |
198 |
178 |
Place of inquiry or trial. |
No change. |
199 |
179 |
Offence triable where act is done or consequence ensues. |
No change. |
200 |
180 |
Place of trial where act is an offence by reason of relation to other offence |
No change. |
201 |
181 |
Place of trial in case of certain offences. |
The definition of a Thug does not include the characteristics of being a thug or committing murder as a thug, and the punishment for such actions is not included in the BNS. |
202 |
182 |
Offences committed by means of electronic communications, letters, etc. |
The words "electronic communications" added. BNS sections replace corresponding IPC sections. |
203 |
183 |
Offence committed on journey or voyage. |
No change. |
204 |
184 |
Place of trial for offences triable together. |
No change. |
205 |
185 |
Power to order cases to be tried in different sessions divisions. |
No change. |
206 |
186 |
High Court to decide, in case of doubt, district where inquiry or trial shall take place. |
No change. |
207 |
187 |
Power to issue summons or warrant for offence
committed beyond local jurisdiction. |
The words "with or without sureties" are replaced by "or bail bond". |
208 |
188 |
Offence committed outside India. |
The words "or where the offence is registered in India" are added. |
209 |
189 |
Receipt of evidence relating to offences committed outside India. |
The words "either in physical form or in electronic form" are added. |
210 |
190 |
Cognizance of offences by Magistrates. |
The words "including any complaint filed by a person authorised under any special law" and "submitted in any mode including electronic mode " are added in clause (a ) and (b ) of subsection (1). |
211 |
191 |
Transfer on application of the accused. |
No change. |
212 |
192 |
Making over of cases to Magistrates. |
No change. |
213 |
193 |
Cognizance of offences by Courts of Session. |
No change. |
214 |
194 |
Additional Sessions Judges to try cases made over to them. |
No change except words "or Assistant sessions Judge" are excluded. |
215 |
195 |
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. |
BNS sections replace corresponding IPC sections.
The words "or of some other public servant who is authorised by the concerned public servant so to do" are added. |
216 |
195A |
Procedure for witnesses in case of threatening, etc. |
No change. |
217 |
196 |
Prosecution for offences against the State and for criminal conspiracy to commit such offence. |
No Change |
218 |
197 |
Prosecution of Judges and public servants. |
The BNS replaces the IPC sections and introduces a second proviso to 218(1)(b). Under this proviso, the Government must make a decision within 120 days of receiving a request for sanction. If the Government fails to make a decision within this time frame, it will be deemed that sanction has been granted by the Government. This provision aims to prevent delay tactics that may be used to assist accused public servants. |
219 |
198 |
Prosecution for offences against marriage. |
The Word "child" replaces "minor" and "child" also replaces "person under the age of 18 years", "is an idiot, or a lunatic" is replaced by "is of unsound mind or is having intellectual disability requiring higher support needs". |
220 |
198A |
Prosecution of offences under section 498A of the Bharatiya Nyaya Sanhita, 2023. |
No change. |
221 |
198B |
Cognizance of offence |
No change. |
222 |
199 |
Prosecution for defamation. |
BNS Chapters and sections replace corresponding IPC Chapters and sections.
"child" replaces "under the age of eighteen years " or is of unsound mind replaces "or is having intellectual disability or is an idiot or a lunatic". |
223 |
200 |
Examination of complainant. |
The recent amendment to Section 223(1) stipulates that the Magistrate cannot proceed with the case without providing the accused with a chance to present their side of the story. Additionally, a new sub-section, Section 223(2), states that the Magistrate cannot initiate proceedings against a public servant for any alleged offence committed in the course of their official duties, unless the public servant is given the opportunity to provide explanations regarding the incident, and a report detailing the facts and circumstances of the incident is obtained from a higher-ranking officer. |
224 |
201 |
Procedure by Magistrate not competent to take cognizance of the case. |
No change. |
225 |
202 |
Postponement of issue of process. |
No change. |
226 |
203 |
Dismissal of complaint. |
No change. |
227 |
204 |
Issue of process. |
The new proviso to sub-section (1) of Section 227 provides that summons or warrant may also be issued through electronic means. |
228 |
205 |
Magistrate may dispense with personal attendance of accused. |
"pleader" is replaced by "advocate". |
229 |
206 |
Special summons in cases of petty offence. |
This section substitutes the term "pleader" with "advocate." It also increases the threshold amount for defining a "petty offence" from one thousand rupees to five thousand rupees. Furthermore, the monetary limit for fines mentioned in summons is raised from one thousand rupees to five thousand rupees. Lastly, the section replaces the reference to "the Motor Vehicles Act, 1939 (59 of 1939)" with "the Motor Vehicles Act, 1988 (59 of 1988)." |
230 |
207 |
Supply to the accused of copy of police report and other documents. |
According to this section, the accused must receive the necessary documents at no cost and without any delay. The documents should be provided within 14 days from the date of the accused's production or appearance. If the victim is represented by an advocate, they should also receive the documents. It is worth noting that providing the documents in electronic form will be considered as sufficient compliance. |
231 |
208 |
Supply of copies of statements and documents to accused in other cases triable by Court of Session. |
Last proviso states that supply of documents to accused in electronic form shall be considered as duly furnished. "pleader" is replaced by "advocate". |
232 |
209 |
Commitment of case to Court of Session when offence is triable exclusively by it. |
Two additional conditions are introduced in this section. The first condition imposes a time limit for the completion of proceedings. It states that the proceedings must be concluded within ninety days from the date of taking cognizance. However, the Magistrate can extend this period for up to one hundred eighty days if they have valid reasons which must be recorded in writing.
The second condition requires that any application filed before the Magistrate by the accused, the victim, or any person authorized by them in a case that is triable by the Court of Session, must be forwarded to the Court of Session along with the committal of the case. |
233 |
210 |
Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. |
No change. |
234 |
211 |
Contents of charge. |
No change. |
235 |
212 |
Particulars as to time, place and person. |
No change. |
236 |
213 |
When manner of committing offence must be stated. |
No change. |
237 |
214 |
Words in charge taken in sense of law under which offence is punishable. |
No change. |
238 |
215 |
Effect of errors. |
No change. |
239 |
216 |
Court may alter charge. |
No change. |
240 |
217 |
Recall of witnesses when charge altered. |
No change. |
241 |
218 |
Separate charges for distinct offences. |
No change. |
242 |
219 |
Offences of same kind within year may be charged together. |
No change. |
243 |
220 |
Trial for more than one offence. |
In Subsection 243(1) of the Criminal Procedure Code, the reorganization of illustrations (b) and (c) is highlighted. The original illustrations, which mentioned "adultery" and "enticing away," have been revised in the rephrased illustration (b) to include the offence of "rape." |
244 |
221 |
Where it is doubtful what offence has been committed. |
No change. |
245 |
222 |
When offence proved included in offence charged. |
No change. |
246 |
223 |
What persons may be charged jointly. |
No change. |
247 |
224 |
Withdrawal of remaining charges on conviction on one of several charges. |
No change. |
248 |
225 |
Trial to be conducted by Public Prosecutor. |
No change. |
249 |
226 |
Opening case for prosecution. |
The words "or under any other law for the time being in force" are added. |
250 |
227 |
Discharge. |
In the revised subsection (1), it is stated that the accused now has the option to file for discharge within sixty days from the beginning of the case as specified in Section 232. |
251 |
228 |
Framing of charge. |
The time limit for framing the charge is added as being within a period of sixty days from the date of first hearing. This section also allows charges to be read and explained, to the accused “present either physically or through audio- video electronic means.” |
252 |
229 |
Conviction on plea of guilty. |
No change. |
253 |
230 |
Date for prosecution evidence. |
No change. |
254 |
231 |
Evidence for prosecution. |
An amendment to Section 254 of BNSS now allows for the recording of witness testimony using audio-video electronic methods. Additionally, a new subsection (2) has been included, allowing for the deposition of evidence from police officers and public servants to be taken through audio-video electronic means. |
255 |
232 |
Acquittal. |
No change. |
256 |
233 |
Entering upon defence. |
No change. |
257 |
234 |
Arguments. |
"pleader" is replaced by "advocate". |
258 |
235 |
Judgment of acquittal or conviction. |
Following the presentation of arguments and consideration of legal points, the Judge must issue a judgement in a timely manner as stipulated in subsection (1). This means that the judgement should ideally be given within thirty days from the conclusion of arguments. However, the deadline can be extended up to forty-five days if there are valid reasons for the delay, which must be documented in writing. |
259 |
236 |
Previous conviction. |
No change. |
260 |
237 |
Procedure in cases instituted under sib-section 2 of section 222. |
Upper limit of compensation amount increased from one thousand rupees to five thousand rupees in sub-section (4). |
261 |
238 |
Compliance with section 230 |
No change. |
262 |
239 |
When accused shall be discharged. |
Subsection 262(1) specifies that the accused must apply for discharge within sixty days from the date of receiving copies of relevant documents as outlined in section 230. Additionally, subsection (2) allows for the examination of the accused through audio-video electronic means. |
263 |
240 |
Framing of charge. |
The accused must request for their discharge within a span of sixty days from the initial hearing of the charge. |
264 |
241 |
Conviction on plea of guilty. |
No change. |
265 |
242 |
Evidence for prosecution. |
According to the recent amendment to subsection 265(3) of the BNSS, witnesses can have their testimony recorded through audio-video electronic means at a specific location determined by the State Government and to be communicated accordingly. |
266 |
243 |
Evidence for defence. |
According to the latest amendment to Section 266(2), witnesses may now be examined through audio-video electronic methods at a location determined by the State Government and communicated accordingly. |
267 |
244 |
Evidence for prosecution. |
No change. |
268 |
245 |
When accused shall be discharged. |
No change. |
269 |
246 |
Procedure where accused is not discharged. |
In case the prosecution witnesses mentioned in subsections (5) and (6) are unable to be present for cross-examination, as stated in the newly added subsection (7), it will be considered as if the witness has not been examined due to unavailability. The Magistrate can then proceed with further proceedings. |
270 |
247 |
Evidence for defence. |
No change. |
271 |
248 |
Acquittal or conviction. |
No change. |
272 |
249 |
Absence of complainant. |
After giving the complainant a thirty-day notice to appear, the Magistrate may proceed with further proceedings if the prosecution witnesses mentioned in subsections (5) and (6) are unable to be present for cross-examination, as stated in the newly added subsection (7). |
273 |
250 |
Compensation for accusation without reasonable cause. |
The corresponding IPC sections have been replaced by the BNS sections. Additionally, the compensation amount mentioned in sub section (6) has been increased from "one hundred rupees" to "two thousand rupees". |
274 |
251 |
Substance of accusation to be stated. |
Under the revised Section 274, if the Magistrate determines that the accusation lacks merit, he must release the accused and provide written reasons for doing so. This release will result in the accused being discharged from the case. |
275 |
252 |
Conviction on plea of guilty. |
No change. |
276 |
253 |
Conviction on plea of guilty in absence of accused in petty cases. |
"pleader" is replaced by "advocate". |
277 |
254 |
Procedure when not convicted. |
No change. |
278 |
255 |
Acquittal or conviction. |
No change. |
279 |
256 |
Non-appearance or death of complainant. |
The words "after giving thirty days' time to the complainant to be present" are added.
"pleader" is replaced by "advocate". |
280 |
257 |
Withdrawal of complaint. |
No change. |
281 |
258 |
Power to stop proceedings in certain cases. |
No change. |
282 |
259 |
Power of Court to convert summons-cases into warrant- cases. |
No change. |
283 |
260 |
Power to try summarily. |
Under the amended section, BNS takes the place of the corresponding IPC sections. Subsection (2) has been newly added and includes a provision for the trial of offenses punishable with a maximum of three years in a summary manner. However, it is important to note that no appeal shall be allowed against the decision of a Magistrate to try a case in a summary manner under this subsection. |
284 |
261 |
Summary trial by Magistrate of the second class. |
No change. |
285 |
262 |
Procedure for summary trials. |
No change. |
286 |
263 |
Record in summary trials. |
No change. |
287 |
264 |
Judgment in cases tried summarily. |
No change. |
288 |
265 |
Language of record and judgment. |
No change. |
289 |
265A |
Application of the Chapter. |
"Below the age of fourteen years" excluded from 289(1)(b), thereby expanding the scope. |
290 |
265B |
Application for plea bargaining. |
Under the amended section, a time limit of thirty days from the date of framing of charge is introduced for plea bargaining in subsection (1). Additionally, subsection 290 (4) (a) now includes a provision stating that the accused must work out a mutually satisfactory disposition of the case within a period not exceeding sixty days. The phrase "as the case may be" has been removed. |
291 |
265C |
Guidelines for mutually satisfactory disposition. |
"pleader" is replaced by "advocate". |
292 |
265D |
Report of the mutually satisfactory disposition to be submitted before the Court. |
No change. |
293 |
265E |
Disposal of the case. |
Under Section 293, clauses (c) and (d), the court is now required to be more lenient towards first-time offenders who choose to engage in plea bargaining. Instead of being sentenced to half of the minimum punishment, they may now be sentenced to one-fourth. Similarly, instead of being sentenced to one-fourth, they may be sentenced to one-ninth of the minimum punishment. |
294 |
265F |
Judgment of the Court. |
No change. |
295 |
265G |
Finality of the judgment. |
No change. |
296 |
265H |
Power of the Court in plea bargaining. |
No change. |
297 |
265-I |
Period of detention undergone by the accused to be set off against the sentence of imprisonment. |
No change. |
298 |
265J |
Savings. |
No change. |
299 |
265K |
Statements of accused not to be used. |
No change. |
300 |
265L |
Non-application of the Chapter. |
No change. |
301 |
266 |
Definitions. |
No change. |
302 |
267 |
Power to require attendance of prisoners. |
The words “as the case may be” are excluded. |
303 |
268 |
Power of State Government or Central Government to exclude certain persons from operation of section 302. |
"or Central Government" is added in the heading and other places. "the Central Government in the cases instituted by its central agency, as the case may be" are added in subsection (2). |
304 |
269 |
Officer in charge of prison to abstain from carrying out order in certain contingencies. |
No change. |
305 |
270 |
Prisoner to be brought to Court in custody. |
No change. |
306 |
271 |
Power to issue commission for examination of witness in prison. |
No change. |
307 |
272 |
Language of Courts. |
No change. |
308 |
273 |
Evidence to be taken in presence of accused. |
The words "through audio-video electronic means at the designated place to be notified by the State Government" are added. |
309 |
274 |
Record in summons-cases and inquiries. |
No change. |
310 |
275 |
Record in warrant-cases. |
No change. |
311 |
276 |
Record in trial before Court of Session. |
No change. |
312 |
277 |
Language of record of evidence. |
No change. |
313 |
278 |
Procedure in regard to such evidence when completed. |
The word "pleader" is replaced by "advocate" in heading and other places. |
314 |
279 |
Interpretation of evidence to accused or his pleader. |
No Change |
315 |
280 |
Remarks respecting demeanour of witness. |
No change. |
316 |
281 |
Record of examination of accused. |
The term "a Metropolitan Magistrate" is replaced with "any Magistrate, or by a Court of Session," and the sections specifically referring to a metropolitan Magistrate are removed. Additionally, a new proviso is inserted into section 316(4), stating that if the accused is in custody and is examined through electronic communication, their signature must be obtained within seventy-two hours of the examination. |
317 |
282 |
Interpreter to be bound to interpret truthfully. |
No change. |
318 |
283 |
Record in High Court. |
No change. |
319 |
284 |
When attendance of witness may be dispensed with and commission issued. |
"pleader" is replaced by "advocate". |
320 |
285 |
Commission to whom to be issued. |
“Chief Metropolitan Magistrate" excluded. |
321 |
286 |
Execution of commissions. |
"Chief Metropolitan Magistrate or Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate" is replaced by "Chief Judicial Magistrate or such Magistrate". |
322 |
287 |
Parties may examine witnesses. |
The word “pleader” is replaced by “advocate”. “as the case may be” excluded. |
323 |
288 |
Return of commission. |
BSA sections replace corresponding Indian Evidence Act sections. |
324 |
289 |
Adjournment of proceeding. |
No change. |
325 |
290 |
Execution of foreign commissions. |
No change. |
326 |
291 |
Deposition of medical witness. |
No change. |
327 |
291A |
Identification report of Magistrate. |
BSA sections replace corresponding Indian Evidence Act sections. |
328 |
292 |
Evidence of officers of the Mint. |
BSA sections replace corresponding Indian Evidence Act sections. “any such”, “of the mint officer” and “as the case may be” are excluded. |
329 |
293 |
Reports of certain Government scientific experts. |
In 329(4) (g) the words "State Government or, and or certified "are added and, “Government” excluded. |
330 |
294 |
No formal proof of certain documents. |
Two additional conditions are introduced. The first condition sets a time limit of thirty days for the acceptance or denial of the authenticity of a document, with the option for the Court to extend this time limit as specified in the first condition. The second condition states that experts should only be called upon if their testimony is disputed by any parties during the trial. Furthermore, the phrase "may be prescribed by the State Government" is replaced with "the State Government may, by rules, provide" in order to clarify the authority of the State Government in establishing regulations. |
331 |
295 |
Affidavit in proof of conduct of public servants. |
No change. |
332 |
296 |
Evidence of formal character on affidavit. |
No change. |
333 |
297 |
Authorities before whom affidavits may be sworn. |
No change. |
334 |
298 |
Previous conviction or acquittal how proved. |
No change. |
335 |
299 |
Record of evidence in absence of accused. |
No change. |
336 |
- |
Evidence of public servants, experts, police officers in certain cases. |
An additional section is included, stating that in certain cases, the testimony of public servants, experts, and police officers can be obtained from their successor officers. |
337 |
300 |
Person once convicted or acquitted not to be tried for same offence. |
No change. |
338 |
301 |
Appearance by Public Prosecutors. |
"Pleader" is replaced by "Advocate". |
339 |
302 |
Permission to conduct prosecution. |
No Change |
340 |
303 |
Right of person against whom proceedings are instituted to be defended. |
No Change |
341 |
304 |
Legal aid to accused at State expense in certain cases. |
No Change |
342 |
305 |
Procedure when corporation or registered society is an accused. |
The words "duly authorised by him" are added in subsection (5). |
343 |
306 |
Tender of pardon to accomplice. |
"or a Metropolitan magistrate" excluded and "the criminal law amendment Act 1952" replaced by "any other law for the time being in force". |
344 |
307 |
Power to direct tender of pardon. |
No change. |
345 |
308 |
Trial of person not complying with conditions of pardon. |
No change. |
346 |
309 |
Power to postpone or adjourn proceedings. |
The IPC sections are substituted by the BNS sections, with the "Magistrate" being changed to "Court". Additionally, an amendment is made to the last proviso of subsection (2) by adding clause (b), which allows for a maximum of two adjournments by the Court after considering objections from the other party and recording the reasons in writing when the circumstances are beyond the control of a party. Furthermore, the term "pleader" is replaced with "advocate". |
347 |
310 |
Local inspection. |
No change. |
348 |
311 |
Power to summon material witness, or examine person present. |
No change. |
349 |
311A |
Power of Magistrate to order person to give specimen signatures or handwriting. |
Additional provisions have been incorporated, including the inclusion of "finger impressions" and "voice samples". A new proviso has been added, allowing the Court to order a person, without arrest, to provide such a specimen or sample, with the reasons for such order being recorded in writing. |
350 |
312 |
Expenses of complainants and witnesses. |
No change. |
351 |
313 |
Power to examine the accused. |
No change. |
352 |
314 |
Oral arguments and memorandum of arguments. |
No change. |
353 |
315 |
Accused person to be competent witness. |
No change. |
354 |
316 |
No influence to be used to induce disclosure. |
No change. |
355 |
317 |
Provision for inquiries and trial being held in the absence of accused in certain cases. |
The term "pleader" has been substituted with "advocate". An additional clarification has been included, stating that for the purposes of this section, the personal presence of the accused can also be accomplished through audio-video electronic means. |
356 |
- |
Inquiry, trial or judgment in absentia of proclaimed offender. |
A recently incorporated section allows for the inquiry, trial, or judgment of a proclaimed offender in their absence, a notable provision within the law. |
357 |
318 |
Procedure where accused does not understand proceedings. |
No change. |
358 |
319 |
Power to proceed against other persons appearing to be guilty of offence. |
No change. |
359 |
320 |
Compounding of offences. |
The table of compoundable offences now uses BNS sections instead of the corresponding IPC sections. Section 497 IPC is not included in BNS and is thus excluded from the table. All other sections remain unchanged. |
360 |
321 |
Withdrawal from prosecution. |
The phrase "by the Delhi Special Police Establishment under the Delhi Special Establishment Act 1946 (25 of 1946)" has been revised to "under any Central Act." Additionally, a new provision has been introduced stating that the court cannot grant permission for withdrawal without providing the victim with an opportunity to be heard in the matter. |
361 |
322 |
Procedure in cases which Magistrate cannot dispose of. |
No change. |
362 |
323 |
Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. |
No change. |
363 |
324 |
Trial of persons previously convicted of offences against coinage, stamp-law or property. |
No change. |
364 |
325 |
Procedure when Magistrate cannot pass sentence sufficiently severe. |
No change. |
365 |
326 |
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
No change. |
366 |
327 |
Court to be open. |
No change. |
367 |
328 |
Procedure in case of accused being person of unsound mind. |
The term “lunatic” in the heading is replaced with “Person with Impaired Mental Health.” Subsection (2) specifies that the psychologist must be from a Government hospital or Government medical college. Additionally, “mental retardation” is updated to “intellectual disability” throughout the text. |
368 |
329 |
Procedure in case of person of unsound mind tried before Court. |
The term “nearest medical college” is now specified as “Government medical college.” Additionally, “mental retardation” has been replaced with “intellectual disability.” |
369 |
330 |
Release of person with mental illness pending investigation or trial. |
“Mental retardation” is replaced by “intellectual disability,” and “public mental health establishment” replaces “lunatic asylum.” |
370 |
331 |
Resumption of inquiry or trial. |
No change. |
371 |
332 |
Procedure on accused appearing before Magistrate or Court. |
No change. |
372 |
333 |
When accused appears to have been of sound mind. |
No change. |
373 |
334 |
Judgment of acquittal on ground of unsoundness of mind. |
No change. |
374 |
335 |
Person acquitted on ground of unsoundness of mind to be detained in safe custody. |
“Public mental health establishment” replaces “lunatic asylum,” and “Mental Health Care Act, 2017 (10 of 2017)” replaces “Indian Lunacy Act, 1912 (4 of 1912).” |
375 |
336 |
Power of State Government to empower officer-in-charge to discharge. |
No change. |
376 |
337 |
Procedure where prisoner of unsound mind is reported capable of making his defence. |
“Person of unsound mind” replaces “lunatic,” and “lunatic asylum, the visitors of such asylum or any two of them” is replaced by “public mental health establishment, the Mental Health Review Board constituted under the Mental Health Care Act, 2017 (10 of 2017). |
377 |
338 |
Procedure where person of unsound mind detained is declared fit to be released. |
The words “person of unsound mind” replace “lunatic” in the heading. “Public mental health establishment” replaces “lunatic asylum.” |
378 |
339 |
Delivery of person of unsound mind to care of relative or friend. |
The words "person of unsound mind" replaces "lunatic" in the heading. |
379 |
340 |
Procedure in cases mentioned in section 215. |
No change. |
380 |
341 |
Appeal. |
No change. |
381 |
342 |
Power to order costs. |
No change. |
382 |
343 |
Procedure of Magistrate taking cognizance. |
No change. |
383 |
344 |
Summary procedure for trial for giving false evidence. |
The fine increased to "one thousand rupees" from "five hundred rupees”. |
384 |
345 |
Procedure in certain cases of contempt. |
"BNS sections" replace "IPC sections." The fine is increased to "one thousand rupees" from "two hundred rupees." |
385 |
346 |
Procedure where Court considers that case should not be dealt with under section 384. |
No change. |
386 |
347 |
When Registrar or Sub- Registrar to be deemed a Civil Court. |
No change. |
387 |
348 |
Discharge of offender on submission of apology. |
No change. |
388 |
349 |
Imprisonment or committal of person refusing to answer or produce document. |
No change. |
389 |
350 |
Summary procedure for punishment for non- attendance by a witness in obedience to summons. |
The fine increased to "five hundred rupees" from " One hundred rupees". |
390 |
351 |
Appeals from convictions under sections 383, 384, 388
and 389. |
No change. |
391 |
352 |
Certain Judges and Magistrates not to try certain offences when committed before themselves. |
No change. |
392 |
353 |
Judgment. |
“Pleadings” is replaced by “advocates.” A new proviso is added to subsection (4), which stipulates that the Court shall, as far as practicable, upload a copy of the judgment on its portal within a period of seven days from the date of judgment. Additionally, the words “either in person or through audio-video electronic means” are added to subsection (5). |
393 |
354 |
Language and contents of judgment. |
No change. |
394 |
356 |
Order for notifying address of previously convicted offender. |
Reframing of phrases without any change in essence. |
395 |
357 |
Order to pay compensation. |
No change. |
396 |
357A
& 357B |
Victim compensation scheme. Compensation to be in addition to fine under section 65, section 70 and sub- section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 [under section 326A or section 376D of Indian Penal Code]. |
No change. |
397 |
357C |
Treatment of victims. |
The corresponding sections of the Indian Penal Code are replaced by sections of the Protection of Children from Sexual Offences Act, 2012, such as under sections 4, 6, 8, or section 10. |
398 |
- |
Witness protection scheme. |
“Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses”. |
399 |
358 |
Compensation to persons groundlessly arrested. |
No change. |
400 |
359 |
Order to pay costs in non- cognizable cases. |
"pleader" is replaced by "advocate". |
401 |
360 |
Order to release on probation of good conduct or after admonition. |
The words "with or without sureties" are excluded “or bail bond" are added. ‘the Children Act 1960 (60 of 1960)" is replaced by "The Juvenile Justice (Care and Protection of Children) Act, 2015". |
402 |
361 |
Special reasons to be recorded in certain cases. |
‘The Children Act 1960 (60 of 1960)" is replaced by "The Juvenile Justice (Care and Protection of Children) Act, 2015". |
403 |
362 |
Court not to alter judgment. |
No change. |
404 |
363 |
Copy of judgment to be given to the accused and other persons. |
New Proviso added to subsection (5), which provides further that the Court may, on an application made on this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such
judgement, order, deposition, or record. |
405 |
364 |
Judgment when to be translated |
The words "the accused so required" replaced by "if either party so requires". |
406 |
365 |
Court of Session to send copy of finding and sentence to District Magistrate. |
No change. |
407 |
366 |
Sentence of death to be submitted by Court of Session for confirmation. |
The words "shall be" replaced by "forthwith". |
408 |
367 |
Power to direct further inquiry to be made or additional evidence to be
taken. |
No change. |
409 |
368 |
Power of High Court to confirm sentence or annul conviction. |
No change. |
410 |
369 |
Confirmation or new sentence to be signed by two Judges. |
No change. |
411 |
370 |
Procedure in case of difference of opinion. |
No change. |
412 |
371 |
Procedure in cases submitted
to High Court for confirmation. |
The words "either physically, or through electronic means" is added. |
413 |
372 |
No appeal to lie unless otherwise provided. |
No change. |
414 |
373 |
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. |
No change. |
415 |
374 |
Appeals from convictions. |
"a Metropolitan Magistrate or Assistant Sessions Judge" excluded. |
416 |
375 |
No appeal in certain cases when accused pleads guilty. |
"Metropolitan Magistrate" excluded. |
417 |
376 |
No appeal in petty cases. |
"Metropolitan Magistrate" excluded. Imprisonment limit is reduced from six months to three months. |
418 |
377 |
Appeal by the State Government against sentence. |
The words "the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other" are excluded. |
419 |
378 |
Appeal in case of acquittal. |
No Change |
420 |
379 |
Appeal against conviction by High Court in certain cases. |
No change. |
421 |
380 |
Special right of appeal in certain cases. |
The word "contained" excluded. |
422 |
381 |
Appeal to Court of Session how heard. |
The word "Assistant Session Judge" excluded. |
423 |
382 |
Petition of appeal. |
"pleader" is replaced by "advocate". |
424 |
383 |
Procedure when appellant in jail. |
No change. |
425 |
384 |
Summary dismissal of appeal. |
"pleader" is replaced by "advocate". |
426 |
385 |
Procedure for hearing appeals not dismissed summarily. |
No Change |
427 |
386 |
Powers of the Appellate Court. |
No Change |
428 |
387 |
Judgments of Subordinate Appellate Court. |
No change. |
429 |
388 |
Order of High Court on appeal to be certified to lower Court. |
No change. |
430 |
389 |
Suspension of sentence pending the appeal; release of appellant on bail. |
"or bail bond" added. |
431 |
390 |
Arrest of accused in appeal from acquittal |
No change. |
432 |
391 |
Appellate Court may take further evidence or direct it to be taken. |
"pleader" is replaced by "advocate". |
433 |
392 |
Procedure where Judges of Court of Appeal are equally divided. |
No change. |
434 |
393 |
Finality of judgments and orders on appeal. |
No change. |
435 |
394 |
Abatement of appeals. |
No change. |
436 |
395 |
Reference to High Court. |
"Metropolitan Magistrate" and “or him” excluded. |
437 |
396 |
Disposal of case according to decision of High Court. |
No change. |
438 |
397 |
Calling for records to exercise powers of revision. |
The words "or bail bond " added and "bail" excluded. |
439 |
398 |
Power to order inquiry. |
No change. |
440 |
399 |
Sessions Judge's powers of revision. |
No change. |
441 |
400 |
Power of Additional Sessions Judge. |
No change. |
442 |
401 |
High Court's powers of revision. |
"pleader" is replaced by "advocate". |
443 |
402 |
Power of High Court to withdraw or transfer revision cases. |
No change. |
444 |
403 |
Option of Court to hear parties. |
“pleader" is replaced by "advocate". |
445 |
405 |
High Court's order to be certified to lower Court. |
No change. |
446 |
406 |
Power of Supreme Court to transfer cases and appeals. |
"not exceeding one thousand rupees" is excluded. |
447 |
407 |
Power of High Court to transfer cases and appeals. |
In subsection (4) "or bail bond" is added and "with or without sureties" excluded. From the subsection (7) "not exceeding one thousand rupees" is excluded. |
448 |
408 |
Power of Sessions Judge to transfer cases and appeals. |
The words "one thousand rupees" are replaced by “sum”,
whereas "two hundred and fifty rupees" is replaced by “sum not exceeding ten thousand rupees". |
449 |
409 |
Withdrawal of cases and appeals by Session Judge. |
From subsection (1) "any Assistant Sessions Judge or" are excluded. |
450 |
410 |
Withdrawal of cases by Judicial Magistrate. |
No change. |
451 |
411 |
Making over or withdrawal of cases by Executive Magistrates. |
No change. |
452 |
412 |
Reasons to be recorded. |
No change. |
453 |
413 |
Execution of order passed under section 409. |
No change. |
454 |
414 |
Execution of sentence of death passed by High Court. |
No change. |
455 |
415 |
Commutation of sentence of death in case of appeal to Supreme Court. |
No change. |
456 |
416 |
Postponement of capital sentence on pregnant woman. |
The heading "Commutation of sentence of death on pregnant woman" replaces the heading "Postponement of capital sentence on pregnant woman". |
457 |
417 |
Power to appoint place of imprisonment. |
The words "or section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be;" excluded. |
458 |
418 |
Execution of sentence of imprisonment. |
No change. |
459 |
419 |
Direction of warrant for execution. |
No change. |
460 |
420 |
Warrant with whom to be lodged. |
No change. |
461 |
421 |
Warrant for levy of fine. |
The words, "but no such payment has been made" added in subsection (1). |
462 |
422 |
Effect of such warrant. |
No change. |
463 |
423 |
Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. |
No change. |
464 |
424 |
Suspension of execution of sentence of imprisonment. |
The words "with or without sureties" are excluded" and or bail bond" are added. |
465 |
425 |
Who may issue warrant. |
No change. |
466 |
426 |
Sentence on escaped convict when to take effect. |
No change. |
467 |
427 |
Sentence on offender already sentenced for another offence. |
No change. |
468 |
428 |
Period of detention undergone by the accused to be set off against the sentence of imprisonment. |
No change. |
469 |
429 |
Saving. |
No change. |
470 |
430 |
Return of warrant on execution of sentence. |
No change. |
471 |
431 |
Money ordered to be paid recoverable as a fine. |
No change. |
472 |
- |
Mercy Petition in death sentence cases. |
Newly added section. |
473 |
432 |
Power to suspend or remit sentences. |
In sub-section (5) the word “male” is excluded. |
474 |
433 |
Power to commute sentence. |
Five new clauses are added regarding commutation of sentence and four clauses are excluded from 433 CrPC. |
475 |
433A |
Restriction on powers of remission or commutation in certain cases. |
No change. |
476 |
434 |
Concurrent power of Central Government in case of death sentences. |
No change. |
477 |
435 |
State Government to act after concurrence with Central Government in certain cases. |
The word "concurrence" replaces "consultation". The words "the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or" are excluded. |
478 |
436 |
In what cases bail to be taken. |
The word “bail” is replaced by "or bail bond". “without
sureties” is excluded. In subsection(2) “bond or”, “or bail bond” are added. |
479 |
436A |
Maximum period for which an undertrial prisoner can be detained. |
“or life imprisonment is added." One new proviso is added to subsection (1), which states about the bail of first-time offenders. Two new subsections (2) and (3) are added, which are about bail for individuals having multiple pending investigations, inquiries or trials for more than one offence, and applications by the superintendent of jail where the accused person is detained, respectively. “bail” is added in place of “his personal bond with or without sureties,"
“also” is used in place of “further”. |
480 |
437 |
When bail may be taken in case of non-bailable offence. |
In first proviso "is under the age of 16 years" is replaced by "child". In third proviso, "or for police custody beyond the first fifteen days" added. The words "without sureties" are excluded. |
481 |
437A |
Bail to require accused to appear before next appellate Court. |
The words "bail bond with sureties" are replaced by "bond or bail bond". |
482 |
438 |
Direction for grant of bail to person apprehending arrest. |
No change. |
483 |
439 |
Special powers of High Court or Court of Session regarding bail. |
No change. |
484 |
440 |
Amount of bond and reduction thereof. |
No change. |
485 |
441 |
Bond of accused and sureties. |
The words "bail or released on his own bond" replaced by "bond or bail bond" and “bail” is replaced by “bond or bail bond” in sub-section (1). In subsection (2) and (3), “or bail bond” is added. |
486 |
441A |
Declaration by sureties. |
No change. |
487 |
442 |
Discharge from custody. |
The words "bail bond" are added in subsection (1) and (2). |
488 |
443 |
Power to order sufficient bail when that first taken is insufficient. |
No change. |
489 |
444 |
Discharge of sureties. |
No change. |
490 |
445 |
Deposit instead of recognizance. |
The words "bond with or without sureties" are replaced by "bond or bail bond". |
491 |
446 |
Procedure when bond has been forfeited. |
No change. |
492 |
446A |
Cancellation of bond and bail bond. |
The words "bail bond" are added. |
493 |
447 |
Procedure in case of insolvency of death of surety or when a bond is forfeited. |
No change. |
494 |
448 |
Bond required from child. |
The word "minor" is replaced by "child". |
495 |
449 |
Appeal from orders under section 491. |
No change. |
496 |
450 |
Power to direct levy of amount due on certain recognizances. |
No change. |
497 |
451 |
Order for custody and disposal of property pending trial in certain cases. |
In subsection (1), the words, “or the Magistrate empowered to take cognizance or commit the case for trial”,
"investigation," and “or the Magistrate” are added.
New subsections (2), (3), (4), and (5) are added, which stipulate the process of disposal, destruction, confiscation, or delivery of the property. |
498 |
452 |
Order for disposal of property at conclusion of trial. |
The words "investigation" and "or the Magistrate” are added, and “Court” is replaced by “case” in subsection (1). The words “or the Magistrate” is added in subsection (2). |
499 |
453 |
Payment to innocent purchaser of money found on accused. |
The words "within six months from the date of such order" are added for specifying the time limit for delivery to the purchaser. |
500 |
454 |
Appeal against orders under section 498 or section 499. |
The word “or Magistrate” is added. |
501 |
455 |
Destruction of libellous and other matter. |
No change. |
502 |
456 |
Power to restore possession of immovable property. |
The words "attended by" are replaced by "by use of" in subsection (1). |
503 |
457 |
Procedure by police upon seizure of property. |
No change. |
504 |
458 |
Procedure where no claimant appears within six months. |
The words "may be prescribed" are replaced by "as the State Government may, by rules, provide". |
505 |
459 |
Power to sell perishable property. |
"five hundred rupees" is replaced by "less than ten thousand rupees". |
506 |
460 |
Irregularities which do not vitiate proceedings. |
No change. |
507 |
461 |
Irregularities which vitiate proceedings. |
The words "or telegraph" are excluded. |
508 |
462 |
Proceedings in wrong place. |
No change. |
509 |
463 |
Non-compliance with provisions of section 183 or section 316. |
No change. |
510 |
464 |
Effect of omission to frame, or absence of, or error in, charge. |
No change. |
511 |
465 |
Finding or sentence when reversible by reason of error, omission or irregularity. |
No change. |
512 |
466 |
Defect or error not to make attachment unlawful. |
No Change |
513 |
467 |
Definitions. |
No change. |
514 |
468 |
Bar to taking cognizance after lapse of the period of limitation. |
A new explanation is added. "For the purpose of computing the period of limitation, the relevant date shall be the date of filing a complaint under section 223 or the date of recording information under section 173." “elsewhere” is excluded from subsection (1). |
515 |
469 |
Commencement of the period of limitation. |
No change. |
516 |
470 |
Exclusion of time in certain cases. |
No change. |
517 |
471 |
Exclusion of date on which Court is closed. |
No change. |
518 |
472 |
Continuing offence. |
No change. |
519 |
473 |
Extension of period of limitation in certain cases. |
No change. |
520 |
474 |
Trials before High Courts. |
No change. |
521 |
475 |
Delivery to commanding officers of persons liable to be tried by Court-martial. |
The word "military" is replaced by "army". |
522 |
476 |
Forms. |
No change. |
523 |
477 |
Power of High Court to make rules. |
The word "prescribed" is replaced by "provided by rules made by the State Government". |
524 |
478 |
Power to alter functions allocated to Executive Magistrate in certain cases. |
No change. |
525 |
479 |
Case in which Judge or Magistrate is personally interested. |
No change. |
526 |
480 |
Practicing advocate not to sit as Magistrate in certain Courts. |
The word "pleader" is replaced by "advocate". |
527 |
481 |
Public servant concerned in sale not to purchase or bid for property. |
No change. |
528 |
482 |
Saving of inherent powers of High Court. |
No Change |
529 |
483 |
Duty of High Court to exercise continuous superintendence over Courts. |
In the heading words "Court of Judicial Magistrates" are replaced by "Courts". And "Courts of Session and", "the Judges and" are added. The word "such" is excluded. |
530 |
- |
Trial and proceedings to be held in electronic mode. |
Newly added under heading
Trial and proceedings to be held in electronic mode. |
531 |
484 |
Repeal and savings. |
Proviso to subsection (2) (a) is excluded. In sub-section 2(b), the word "prescribed" is replaced at one place by "provided by rules" and at another place by the word
“specified”. Proviso to subsection (2) (d) is excluded.
In sub-section (3), the word “prescribed” is replaced by “specified”. The word “old” is replaced by “said” at many places in this section. |