BNS vs CRPC

Comparison summary BNSS to CrPC

BNSS vs CrPC Comparison
CORRESPONDENCE TABLE and COMPARISON SUMMARY
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vs The Code of Criminal Procedure, 1973 (CrPC)
BNSS Sections Subject CrPC Sections Summary of Comparison
1 Short title, extent and commencement 1 It contains the Act name, Bharatiya Nagarik Suraksha Sanhita, 2023, and provisions regarding the commencement date.
2 Definitions 2 Several new subsections, such as 2(1)(a), 2(1)(b), 2(1)(d), and 2(1)(e), are added, while others, namely 2(f), 2(k), 2(q), and 2(t) of CrPC, are excluded. Furthermore, certain subsections are modified.
2(1)(a) “audio-video electronic means” Newly added.
2(1)(b) “bail” Newly added.
2(1)(c) “bailable offence” 2(a) No change.
2(1)(d) “bail bond” Newly added.
2(1)(e) “bond” Newly added.
2(1)(f) “charge” 2(b) No change.
2(1)(g) “cognizable offence” 2(c) No change.
2(1)(h) “complaint” 2(d) No change except “Code” is replaced with “Sanhita”. Wherever the word “Code” is used in CrPC, the word “Sanhita” is used in BNSS, therefore, this fact will not be specifically mentioned in this table hereinafter.
2(1)(i) “electronic communication” Newly added.
2(1)(j) “High Court” 2(e) No change.
2(1)(k) “inquiry” 2(g) No change.
2(1)(l) “investigation” 2(h) The term “Code” has been substituted with “Sanhita”. Explanation that in case of inconsistency provisions of Special Act shall prevail.
2(1)(m) “judicial proceeding” 2(i) No change.
2(1)(n) “local jurisdiction” 2(j) No change.
2(1)(o) “non-cognizable offence” 2(l) No change.
2(1)(p) “notification” 2(m) No change.
2(1)(q) “offence” 2(n) No change.
2(1)(r) “officer in charge of a police station” 2(o) No change.
2(1)(s) “place” 2(p) No change.
2(1)(t) “police report” 2(r) No change.
2(1)(u) “police station” 2(s) No change.
2(1)(v) “Public Prosecutor” 2(u) No change.
2(1)(w) “sub-division” 2(v) No change.
2(1)(x) “summons-case” 2(w) No change.
2(1)(y) “victim” 2(wa) The words “for which accused person has been charged and the expression victim” are replaced by “of the accused person” etc.
2(1)(z) “warrant-case” 2(x) No change.
2(2) Words and expressions used 2(y) Words and expressions used in Sanhita but not defined here but defined in Bharatiya Nyaya Sanhita, 2023, and in the Information Technology Act, 2000, shall have the meanings respectively assigned to them in that Act and Sanhita.
3 Construction of references 3 CrPC sub-sections 3(1) and 3(2) are excluded; clauses (a) and (b) of sub-section 3(3) are merged and rearranged, having the same meaning except “or of the third class,” and clauses (c) and (d) of sub-section 3(3) CrPC are also excluded in BNSS.
4 Trial of offences under Bharatiya Nyaya Sanhita and other laws 4 No change.
5 Saving 5 No change.
6 Classes of Criminal Courts 6 Words “in any Metropolitan area, Metropolitan Magistrates” are excluded.
7 Territorial divisions 7 Proviso related to Metropolitan area, excluded.
8 Court of Session 9 “Assistant Sessions Judges” excluded. New subsections (7) and (8) are added. Under the BNSS, the positions of Judicial Magistrate of the third class, Metropolitan Magistrate, and Assistant Session Judges have been abolished, etc. Consequential amendments have been effected in various sections, viz. 8, 11, 12, 14, 17, 22, 29, 113, 196, 214, 320, 321, 415, 422, and 436 of the BNSS.
9 Courts of Judicial Magistrates 11 The words “not being a Metropolitan area” are excluded.
10 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 12 Ditto.
11 Special Judicial Magistrates 13 Ditto.
12 Local jurisdiction of Judicial Magistrates 14 The words “Metropolitan area” and Chief Metropolitan Magistrate are excluded.
13 Subordination of Judicial Magistrates 15 No change.
14 Executive Magistrates 20 The words “in any Metropolitan area, Metropolitan Magistrates” are excluded.
15 Special Executive Magistrates 21 With the new addition, State Government may appoint police officers of the rank Superintendent of Police or equivalent, as Special Executive Magistrates.
16 Local Jurisdiction of Executive Magistrates 22 No change.
17 Subordination of Executive Magistrates 23 The words “other than the additional District Magistrate” are excluded.
18 Public Prosecutors 24 New proviso is added to subsection (1).
19 Assistant Public Prosecutors 25 The time line of fourteen days for notice to the state government for the appointment of Assistant Public Prosecutor is mentioned. Proviso is reframed but the meaning is same.
20 Directorate of Prosecution 25A The new addition subsection (1) (b) regarding establishment of District Directorate of Prosecution. Subsections (8), (9), (10) and (11) are also newly added etc.
21 Courts by which offences are triable 26 No change.
22 Sentences which High Courts and Sessions Judges may pass 28 Sub Section 28(3) of CrPC is excluded.
23 Sentences which Magistrates may pass 29 Change in amount of fine: ten thousand is replaced by fifty thousand, and five thousand is replaced by ten thousand. The explanation of Section 23 defines “community service.” Sub-section 29(4) CrPC is excluded.
24 Sentence of imprisonment in default of fine 30 No change.
25 Sentence in cases of conviction of several offences at one trial 31 Sub section (1) is reframed but the essence is same. In subsection (2) (a) fourteen years is replaced by twenty years.
26 Mode of conferring powers 32 No change.
27 Powers of officers appointed 33 Ditto.
28 Withdrawal of powers 34 Ditto.
29 Powers of Judges and Magistrates exercisable by their successors-in-office 35 The words “Additional or Assistant session Judge” are excluded.
30 Powers of superior officers of police 36 No change.
31 Public when to assist Magistrates and police 37 The words “railway, canal, telegraph or” are excluded thereby scope of the provision is broadened.
32 Aid to person, other than police officer, executing warrant 38 No change.
33 Public to give information of certain offences 39 Ditto.
34 Duty of officers employed in connection with the affairs of a village to make certain report 40 In subsection (2) (ii), instead of writing BNS sections corresponding to IPC sections, the offence punishable for imprisonment of ten years or more, etc., is mentioned.
35 When police may arrest without warrant 41 & 41A A new subsection 7 is added: “No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.”
36 Procedure of arrest and duties of officer making arrest 41B The words “any other person” is added are clause (c).
37 Designated Police Officer 41C Sub-sections (2) and (3) of the CrPC are merged in (1) (b), and provision is given for designating a police officer not below the rank of Assistant Sub-Inspector for the said purpose.
38 Right of arrested person to meet an advocate of his choice during interrogation 41D No change.
39 Arrest on refusal to give name and residence 42 The words “his executing a bond with or without sureties” are replaced by “bond or bail bond,”.
40 Arrest by private person and procedure on such arrest 43 In subsection (1), without unnecessary delay is further specified by “but within six hours from such arrest.” In subsection (2), “re-arrest” is replaced by “take him in custody”.
41 Arrest by Magistrate 44 No change.
42 Protection of members of the Armed Forces from arrest 45 No change.
43 Arrest how made 46 A new subsection (3) is added regarding the handcuff of a habitual or repeat offender or accused who has committed certain offences mentioned in the sub-section, etc.
44 Search of place entered by person sought to be arrested 47 No change.
45 Pursuit of offenders into other jurisdictions 48 No change.
46 No unnecessary restraint 49 No change.
47 Person arrested to be informed of grounds of arrest and of right to bail 50 No change.
48 Obligation of person making arrest to inform about the arrest, etc , to relative or friend 50A The words “and also to the designated police officer in the district” are added in subsection (1). In subsection (3), the words “may be prescribed in this behalf by” are replaced by “may, by rules, provide”.
49 Search of arrested person 51 No Change except the word “whenever” is excluded from clause (ii) of subsection (1).
50 Power to seize offensive weapons 52 The words “immediately after the arrest is made” are added.
51 Examination of accused by medical practitioner at the request of police officer 53 From sub-section (1), “not below the rank of sub-inspector” is excluded, and subsection (3) is newly added regarding the forwarding of examination reports without delay by a medical practitioner to the investigator. In explanation (b), the “defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956)” is replaced by “recognised under the National Medical Commission Act, 2019 (30 of 2019),” and “the National Medical Register” is also added as an optional to the State Medical Register.
52 Examination of person accused of rape by medical practitioner 53A The words “police officer not below the rank of Sub-Inspector” are replaced by “any police officer”.
53 Examination of arrested person by medical officer 54 A new proviso added to subsection (1) regarding one more examination can be done if it is necessary, in the opinion of the medical practitioner.
54 Identification of person arrested 54A The second proviso is excluded as it is already covered under the first proviso by adding the words “the identification process shall be recorded by any audio-video electronic means.”.
55 Procedure when police officer deputes subordinate to arrest without warrant 55 No change.
56 Health and safety of arrested person 55A No change.
57 Person arrested to be taken before Magistrate or officer in charge of police station 56 No change.
58 Person arrested not to be detained more than twenty-four hours 57 No change except the words “whether having jurisdiction or not” are added.
BNSS vs CrPC Comparison
CORRESPONDENCE TABLE and COMPARISON SUMMARY
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vs The Code of Criminal Procedure, 1973 (CrPC)
BNSS Sections Subject CrPC Sections Summary of Comparison
59 Police to report apprehensions 58 No change.
60 Discharge of person apprehended 59 “Bail” is replaced with “bail bond”.
61 Power, on escape, to pursue and retake 60 No change.
62 Arrest to be made strictly according to the Sanhita 60A No change.
63 Form of summons 61 A new clause (ii) “in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature” is added.
64 Summons how served 62 Two new provisos regarding electronic communication, under subsections (1) and (2), are added. The word “personally” is added in sub-section (3).
65 Service of summons on corporate bodies, firms, and societies 63 In subsection (1), Director and Manager is added. New subsection (2) regarding service of summons on any partner of a firm or other association of individuals.
66 Service when persons summoned cannot be found 64 The word “male” is excluded to make the provision gender neutral.
67 Procedure when service cannot be effected as before provided 65 No change.
68 Service on Government servant 66 No change.
69 Service of summons outside local limits 67 No change.
70 Proof of service in such cases and when serving officer not present 68 A new subsection (3) is added, mentioning that service of summons through electronic communication shall be considered duly served, and a copy of such summons shall be attested and kept as proof of service of summons.
71 Service of summons on witness by post 69 The words “by electronic communication or” are added in subsection (1). In subsection (2) words “or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court,” are added.
72 Form of warrant of arrest and duration 70 No change.
73 Power to direct security to be taken 71 No change.
74 Warrants to whom directed 72 No change.
75 Warrant may be directed to any person 73 No change.
76 Warrant directed to police officer 74 No change.
77 Notification of substance of warrant 75 No change.
78 Person arrested to be brought before court without delay 76 No change.
79 Where warrant may be executed 77 No change.
80 Warrant forwarded for execution outside jurisdiction 78 No change.
81 Warrant directed to police officer for execution outside jurisdiction 79 No change.
82 Procedure on arrest of person against whom warrant issued 80 New subsection (2) is added regarding information to designated police officer of the respective district where arrested person resides.
83 Procedure by Magistrate before whom such person arrested is brought 81 The word “bail” is replaced by “bail bond”.
84 Proclamation for person absconding 82 In subsection (4), IPC sections are replaced by punishments related to corresponding BNS sections. The offence punishable for imprisonment of ten years or more, etc., is mentioned.
85 Attachment of property of person absconding 83 The words “of property ” is added in clause (b) of subsection (1).
86 Identification and attachment of property of proclaimed person Newly added.
87 Claims and objections to attachment 84 No change.
88 Release, sale and restoration of attached property 85 No change.
89 Appeal from order rejecting application for restoration of attached property 86 No change.
90 Issue of warrant in lieu of, or in addition to, summons 87 No change.
91 Power to take bond or bail bond for appearance 88 The words “or bail bond” are added in heading and words “bond with or without sureties” are replaced by “bond or bail bond”.
92 Arrest on breach of bond or bail bond for appearance 89 The words “or bail bond” are added.
93 Provisions of this Chapter generally applicable to summonses and warrants of arrest 90 No change.
94 Summons to produce document or other thing 91 Regarding the production of documents, the words “electronic communication, including communication devices which is likely to contain digital evidence ” are added, and the words “either in physical form or in electronic form, require” are related to summoning a person possessing a document. In subsection (3) (a) corresponding sections of Indian Evidence Act, 1872 are replaced by the sections of the Bharatiya Sakshya Adhiniyam, 2023 , word “telegram is excluded.
95 Procedure as to letters 92 “telegram” and “or telegraph” words are excluded.
96 When search-warrant may be issued 93 The words “or telegraph” are excluded.
97 Search of place suspected to contain stolen property, forged documents, etc. 94 In clause (a) of subsection (2), “the Metal Token Act, 1889 (1 of 1889)” is replaced by “the Coinage Act, 2011 (11 of 2011).” BNS sections replace the corresponding “IPC” sections.
98 Power to declare certain publications forfeited and to issue search-warrants for the same 95 BNS sections replace corresponding IPC Sections.
99 Application to High Court to set aside declaration of forfeiture 96 No change.
100 Search for persons wrongfully confined 97 No change.
101 Power to compel restoration of abducted females 98 The words “under the age of eighteen years” and “husband” are excluded.
102 Direction, etc, of search-warrants 99 No change.
103 Persons in charge of closed place to allow search 100 In subsection (8) BNS sections replaces corresponding IPC sections.
104 Disposal of things found in search beyond jurisdiction 101 No change.
105 Recording of search and seizure through audio-video electronic means “The process of conducting search of a place or taking possession of any property ,article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.”
106 Power of police officer to seize certain property 102 No change.
107 Attachment, forfeiture or restoration of property Newly added.
108 Magistrate may direct search in his presence 103 No change.
109 Power to impound document, etc , produced 104 No change.
110 Reciprocal arrangements regarding processes 105 No change.
111 Definitions 105A No change.
112 Letter of request to competent authority for investigation in a country or place outside India 166A No change except the words “Notwithstanding anything contained in this code” are excluded.
113 Letter of request from a country or place outside India to a Court or an authority for investigation in India 166B No change except the words “or such Metropolitan Magistrate” are excluded.
114 Assistance in securing transfer of persons 105B No change except the words “Notwithstanding anything contained in this code” are excluded.
115 Assistance in relation to orders of attachment or forfeiture of property 105C No change.
116 Identifying unlawfully acquired property 105D No change.
117 Seizure or attachment of property 105E No change.
118 Management of properties seized or forfeited under this Chapter 105F No change.
119 Notice of forfeiture of property 105G No change.
120 Forfeiture of property in certain cases 105H In subsection (4),”the Companies Act, 2013 (18 of 2013) replaces “the Companies Act, 1956 (1 of 1956)”.
121 Fine in lieu of forfeiture 105I No change.
122 Certain transfers to be null and void 105J No change.
123 Procedure in respect of letter of request 105K No change.
124 Application of this Chapter 105L No change.
125 Security for keeping the peace on conviction 106 No change.
126 Security for keeping the peace in other cases 107 No change.
127 Security for good behaviour from persons disseminating seditious matters 108 BNS sections replace corresponding IPC sections.
128 Security for good behaviour from suspected persons 109 No change.
129 Security for good behaviour from habitual offenders 110 BNS sections replace the corresponding IPC sections. Clauses (e) the Protection of Civil Rights Act, 1955; (22 of 1955) and (g) The Food Safety and Standards Act, 2006 (34 of 2006) is added newly under subsection (f) (i). “Bond with sureties” are replaced by “bail bond”.
130 Order to be made 111 The words “after considering the sufficiency and fitness of sureties” are added.
131 Procedure in respect of person present in Court 112 No change.
132 Summons or warrant in case of person not so present 113 No change.
133 Copy of order to accompany summons or warrant 114 No change.
134 Power to dispense with personal attendance 115 “pleader” is replaced by “advocate”.
135 Inquiry as to truth of information 116 The words “with or without sureties” are excluded “or bail bond” is added.
136 Order to give security 117 Ditto.
137 Discharge of person informed against 118 No change.
BNSS vs CrPC Comparison
CORRESPONDENCE TABLE and COMPARISON SUMMARY
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vs The Code of Criminal Procedure, 1973 (CrPC)
BNSS Sections Subject CrPC Sections Summary of Comparison
138 Commencement of period for which security is required 119 No change.
139 Contents of bond 120 “or bail bond” is added.
140 Power to reject sureties 121 “bond” is replaced by “bail bond”.
141 Imprisonment in default of security 122 The words “with or without sureties” and “Assistant Sessions Judge” are excluded. “or bail bond” is added.
142 Power to release persons imprisoned for failing to give security 123 No change.
143 Security for unexpired period of bond 124 “or bail bond” is added.
144 Order for maintenance of wives, children and parents 125 “minor” is replaced by “child”.
145 Procedure 126 In subsection (1), clause (d) is added. In subsection (2), pleader is replaced by “advocate”.
146 Alteration in allowance 127 No change.
147 Enforcement of order of maintenance 128 No change.
148 Dispersal of assembly by use of civil force 129 No change.
149 Use of armed forces to disperse assembly 130 In subsection (1), the words “any such assembly” are replaced by “any assembly referred to in sub-section (1) of section 148,” and “Executive Magistrate of the highest rank” is replaced by “District Magistrate or any other Executive Magistrate authorised by him”. In Subsection 2, “Magistrate” is replaced by “Executive Magistrate”.
150 Power of certain armed force officers to disperse assembly 131 No change.
151 Protection against prosecution for acts done under sections 148, 149 and 150 132 The word “military” is replaced by “army”.
152 Conditional order for removal of nuisance 133 No change.
153 Service or notification of order 134 No change.
154 Person to whom order is addressed to obey or show cause 135 In clause (b) the words “and such appearance or hearing may be permitted through audio-video conferencing.” are added.
155 Penalty for failure to comply with section 154 136 “such person” is replaced by “person against whom an order is made under section 154 ” and BNS section replaces corresponding IPC section.
156 Procedure where existence of public right is denied 137 No change.
157 Procedure where person against whom order is made under section 152 appears to show cause 138 New proviso regarding completion of proceedings is added thereby a timeline is stipulated for the purpose.
158 Power of Magistrate to direct local investigation and examination of an expert 139 No change.
159 Power of Magistrate to furnish written instructions, etc. 140 No change.
160 Procedure on order being made absolute and consequences of disobedience 141 No change.
161 Injunction pending inquiry 142 No change.
162 Magistrate may prohibit repetition or continuance of public nuisance 143 The words “or Deputy Commissioner of Police” are added.
163 Power to issue order in urgent cases of nuisance or apprehended danger 144 No change.
164 Procedure where dispute concerning land or water is likely to cause breach of peace 145 No change.
165 Power to attach subject of dispute and to appoint receiver 146 No change.
166 Dispute concerning right of use of land or water 147 In Explanation the words “For the purposes of this sub-section” are added. The word “pleader” is replaced by “advocate”.
167 Local inquiry 148 The word “pleader” is replaced by “advocate”.
168 Police to prevent cognizable offences 149 No change.
169 Information of design to commit cognizable offences 150 No change.
170 Arrest to prevent the commission of cognizable offences 151 No change.
171 Prevention of injury to public property 152 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 Information in cognizable cases 154 By adding the words “irrespective of the area where the offence is committed”, the scope is expanded to lodge an FIR. This corresponds to the concept of ‘zero FIR’. By adding the word “by electronic communication,” thereby it is made contemporary. Clause (ii) is added in subsection (1); this is known as eFIR. Subsection (3) is newly added regarding preliminary inquiry to ascertain whether there exists a prima facie case and proceed for investigation on the prima facie case for the cognizable offences which are made punishable for three years or more but less than seven years”. In subsection (4), the words “failing which such aggrieved person may make an application to the Magistrate.” are added.
174 Information as to non-cognizable cases and investigation of such cases 155 Clause (ii) in subsection (1) is added regarding forwarding the daily diary report of non-cognizable cases fortnightly to the Magistrate.
175 Police officer’s power to investigate cognizable case 156 A new proviso to subsection (1) is added. Sub-section (4) is newly added to protect public servants in the course of discharge of public duty against undue harassment, and subsection (3) is also amended according to sub-section(4) of section 173.
176 Procedure for investigation 157 In clause (b) of subsection (1), audio-video electronic means are added. In subsection (2), the words, “forward the daily diary report fortnightly to the Magistrate” are added. Sub-section (3) is newly added, which stipulates forensic experts visit the crime scene as mandatory for offences punishable for seven years or more.
177 Report how submitted 158 No change.
178 Power to hold investigation or preliminary inquiry 159 No change.
179 Police officer’s power to require attendance of witnesses 160 In the first proviso, “sixty-five years” is replaced by “sixty years” and the words “or a person with acute illness” are added. One new proviso is added. Thus, the scope of the provision is expanded.
180 Examination of witnesses by police 161 No change.
181 Statements to police and use thereof 162 Heading of the section is changed. BSA sections replace corresponding Indian Evidence Act sections.
182 No inducement to be offered 163 No change.
183 Recording of confessions and statements 164 The newly added first proviso to Section 183(6)(a) provides that statements are to be recorded by a woman Magistrate as far as practicable. A newly added second proviso to Section 183(6)(a) provides for mandatory recording of a statement of witness by Magistrate relating to the offences punishable with imprisonment for ten years or more, imprisonment for life, or with death. The fourth proviso to Section 183(6)(a) provides for the recording of the statement of a temporarily or permanently mentally or physically disabled person through audio-video electronic means.
184 Medical examination of the victim of rape 164A “without delay” is replaced by “Within a period of seven days” for medical practitioner to forward the report to Investigating officer.
185 Search by police officer 165 A newly added Proviso to Section 185(2) mandates the recording of search conducted through audio video, or electronic means. Subsection (5) of 185 of BNSS provides that the copies of record made under Subsection (1) or (3) shall forthwith, but not later than 48 hours, be sent to Magistrate.
186 When officer in charge of police station may require another to issue search-warrant 166 No change.
187 Procedure when investigation cannot be completed in twenty-four hours 167 A new insertion into Subsection (2) of Section 187 of BNSS provides that the Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration the status of the accused person as to whether he is not released on bail or his bail has not been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of the
BNSS vs CrPC Comparison
CORRESPONDENCE TABLE and COMPARISON SUMMARY
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vs The Code of Criminal Procedure, 1973 (CrPC)
BNSS Sections Subject CrPC Sections Summary of Comparison
188 Report of investigation by subordinate police officer 168 No change.
189 Release of accused when evidence deficient 169 The words “with or without sureties” are excluded and “or bail bond” are added.
190 Cases to be sent to Magistrate, when evidence is sufficient 170 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 Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint 171 No change.
192 Diary of proceedings in investigation 172 No change.
193 Report of police officer on completion of investigation 173 Section 193(2) extends this requirement to complete the investigation within two months, offences under the Provisions of Protection of Children from Sexual Offences Act also [Sections 4, 6, 8, 10, and 12 of POCSO Act, 2012] in addition to offences of rape and gang rape. Section 193(3)(i) of the BNSS provides that reports to Magistrate can also be forwarded through electronic communication. The newly inserted clause (i) of sub-section 193(3) (i) of BNSS provides that the report shall also contain ‘the sequence of custody in the case of electronic devices’. Clause 193(3)(ii) of BNSS provides that the police officer shall, within 90 days, inform the progress of investigation by any means including electronic communication to informant or the victim. Subsection (8) is newly inserted, which mandates the police officer investigating the case to submit such number of copies of police report for supply to the accused. Proviso to the same authorises electronic communication for this purpose. The new proviso to subsection (6) provides for further investigation during the trial with the permission of the Court.
194 Police to enquire and report on suicide, etc. 174 In subsection (2) “forthwith” is replaced by “within twenty-four hours” for sending the report to DM and SDM. The word “man” is replaced by “person”.
195 Power to summon persons 175 Proviso to Subsection (1) of 195 provides immunity to male persons under the age of fifteen years or above the age of sixty years, or a woman or a mentally or physically disabled persons or a person with acute illness shall not be required to attend at place other than the place where such person resides. However, they can attend at police station willingly.
196 Inquiry by Magistrate into cause of death 176 The words “Judicial Magistrate” are replaced by “Magistrate”, and Metropolitan Magistrate is excluded.
197 Ordinary place of inquiry and trial 177 No change.
198 Place of inquiry or trial 178 No change.
199 Offence triable where act is done or consequence ensues 179 No change.
200 Place of trial where act is an offence by reason of relation to other offence 180 No change.
201 Place of trial in case of certain offences 181 The words “of being a thug, or murder committed by a thug” are excluded as definition of Thug and punishment being one are also excluded from the BNS.
202 Offences committed by means of electronic communications, letters, etc. 182 The words “electronic communications” added. BNS sections replace corresponding IPC sections.
203 Offence committed on journey or voyage 183 No change.
204 Place of trial for offences triable together 184 No change.
205 Power to order cases to be tried in different sessions divisions 185 No change.
206 High Court to decide, in case of doubt, district where inquiry or trial shall take place 186 No change.
207 Power to issue summons or warrant for offence committed beyond local jurisdiction 187 The words “with or without sureties” are replaced by “or bail bond”.
208 Offence committed outside India 188 The words “or where the offence is registered in India” are added.
209 Receipt of evidence relating to offences committed outside India 189 The words “either in physical form or in electronic form” are added.
210 Cognizance of offences by Magistrates 190 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 Transfer on application of the accused 191 No change.
212 Making over of cases to Magistrates 192 No change.
213 Cognizance of offences by Courts of Session 193 No change.
214 Additional Sessions Judges to try cases made over to them 194 No change except words “or Assistant sessions Judge” are excluded.
215 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 195 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 Procedure for witnesses in case of threatening, etc. 195A No change.
217 Prosecution for offences against the State and for criminal conspiracy to commit such offence 196 Ditto.
218 Prosecution of Judges and public servants 197 The BNS sections replace the corresponding IPC sections. A second proviso to 218(1)(b) is added, which provides that such Government shall take a decision within a period of one hundred and twenty days from the date of receipt of the request for sanction, and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government. This will curb the tendency to help an accused public servant by such delay tactics.
219 Prosecution for offences against marriage 198 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 Prosecution of offences under section 498A of the Bharatiya Nyaya Sanhita, 2023 198A No change.
221 Cognizance of offence 198B No change.
222 Prosecution for defamation 199 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 Examination of complainant 200 The newly added first proviso to Section 223(1) provides that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. A new sub-section (2) of Section 223 provides that a Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in the course of the discharge of his official functions or duties unless—(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such a public servant is received.
224 Procedure by Magistrate not competent to take cognizance of the case 201 No change.
225 Postponement of issue of process 202 No change.
226 Dismissal of complaint 203 No change.
227 Issue of process 204 The new proviso to sub-section (1) of Section 227 provides that summons or warrant may also be issued through electronic means.
228 Magistrate may dispense with personal attendance of accused 205 “pleader” is replaced by “advocate”.
229 Special summons in cases of petty offence 206 “pleader” is replaced by “advocate.” The threshold amount of fine for the purpose of the definition of “petty offence” is increased by this section from one thousand rupees to five thousand rupees. The monetary limit of the fine specified in summons is increased from one thousand rupees to five thousand rupees. “the Motor Vehicles Act, 1939 (59 of 1939)” is replaced by “the Motor Vehicles Act, 1988 (59 of 1988).”
230 Supply to the accused of copy of police report and other documents 207 This section states that the documents are to be supplied free of cost to the accused without any delay, and in no case beyond 14 days from the date of production or appearance of the accused, and should also be provided to the victim if represented by an advocate. The last proviso states that the supply of documents in electronic form shall be considered as duly furnished.
231 Supply of copies of statements and documents to accused in other cases triable by Court of Session 208 Last proviso states that supply of documents to accused in electronic form shall be considered as duly furnished. “pleader” is replaced by “advocate”.
232 Commitment of case to Court of Session when offence is triable exclusively by it 209 Two new provisos are added herein. By first proviso proceedings have been made time-bound. The proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended, by the Magistrate for a period not exceeding one hundred eighty days for the reasons to be recorded in writing. Second proviso states that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.
233 Procedure to be followed when there is a complaint case and police investigation in respect of the same offence 210 No change.
234 Contents of charge 211 No change.
235 Particulars as to time, place and person 212 No change.
236 When manner of committing offence must be stated 213 No change.
237 Words in charge taken in sense of law under which offence is punishable 214 No change.
238 Effect of errors 215 No change.
239 Court may alter charge 216 No change.
240 Recall of witnesses when charge altered 217 No change.
241 Separate charges for distinct offences 218 No change.
242 Offences of same kind within year may be charged together 219 No change.
243 Trial for more than one offence 220 Subsection 243(1) reorganises illustrations (b) and (c) given in CrPC, citing “adultery” and “enticing away,” which are replaced by “rape” in the rephrased illustration (b) herein.
244 Where it is doubtful what offence has been committed 221 No change.
245 When offence proved included in offence charged 222 No change.
246 What persons may be charged jointly 223 No change.
247 Withdrawal of remaining charges on conviction on one of several charges 224 No change.
248 Trial to be conducted by Public Prosecutor 225 No change.
249 Opening case for prosecution 226 The words “or under any other law for the time being in force” are added.
250 Discharge 227 New subsection (1) provides that the accused may prefer an application for discharge within a period of sixty days from the date of commencement of the case under Section 232.
251 Framing of charge 228 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 Conviction on plea of guilty 229 No change.
253 Date for prosecution evidence 230 No change.
254 Evidence for prosecution 231 Newly added proviso to section 254 of BNSS provides that evidence of a witness may be recorded by audio-video electronic means. Newly added subsection (2) provides that the deposition of evidence of any police officer or public servant may be taken through audio-video electronic means.
255 Acquittal 232 No change.
256 Entering upon defence 233 No change.
257 Arguments 234 “pleader” is replaced by “advocate”.
258 Judgment of acquittal or conviction 235 New addition to subsection (1) for time bound disposal – After hearing arguments and points of law (if any), the Judge shall give a judgement in the case, “as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended, to a period of forty-five days for reasons to be recorded in writing”.
259 Previous conviction 236 No change.
260 Procedure in cases instituted under sub-section 2 of section 222 237 Upper limit of compensation amount increased from one thousand rupees to five thousand rupees in sub-section (4).
261 Compliance with section 230 238 No change.
262 When accused shall be discharged 239 New subsection 262(1) provides the time limit of application for discharge by accused as “within a period of sixty days from the date of supply of copies of document under section 230”. Examination of accused through audio-video electronic means can be done as added in sub-section (2).
263 Framing of charge 240 Time limit for framing of charge against the accused is added within a period of sixty days from the date of first hearing on charge.
264 Conviction on plea of guilty 241 No change.
265 Evidence for prosecution 242 The new proviso to subsection 265(3) of the BNSS states that evidence of a witness may be recorded by audio-video electronic means at the designated place to be notified by the State Government.
266 Evidence for defence 243 New second proviso to Section 266(2) provides that the examination of witnesses may be done by audio-video electronic means at the designated place to be notified by the State Government.
267 Evidence for prosecution 244 No change.
268 When accused shall be discharged 245 No change.
269 Procedure where accused is not discharged 246 The newly added subsection (7) provides that if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available and Magistrate proceed further.
270 Evidence for defence 247 No change.
271 Acquittal or conviction 248 No change.
272 Absence of complainant 249 It is added that the Magistrate may “after giving thirty days’ time to the complainant to be present before proceeding further.
273 Compensation for accusation without reasonable cause 250 BNS Sections replace corresponding IPC sections. Compensation amount under sub-section (6) increased from “one hundred rupees” to “two thousand rupees”.
274 Substance of accusation to be stated 251 The new proviso to Section 274 provides that if the Magistrate considers the accusation groundless, he shall, after recording reasons in writing, release the accused, and such release shall have the effect of discharge.
275 Conviction on plea of guilty 252 No change.
276 Conviction on plea of guilty in absence of accused in petty cases 253 “pleader” is replaced by “advocate”.
277 Procedure when not convicted 254 No change.
278 Acquittal or conviction 255 No change.
279 Non-appearance or death of complainant 256 The words “after giving thirty days’ time to the complainant to be present” are added. “pleader” is replaced by “advocate”.
280 Withdrawal of complaint 257 No change.
281 Power to stop proceedings in certain cases 258 No change.
282 Power of Court to convert summons-cases into warrant-cases 259 No change.
283 Power to try summarily 260 BNS sections replace Corresponding IPC sections. Sub section (2) is newly added with a proviso to it for trial of offences punishable with three or less than three years in a summary way. Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
284 Summary trial by Magistrate of the second class 261 No change.
285 Procedure for summary trials 262 No change.
286 Record in summary trials 263 No change.
287 Judgment in cases tried summarily 264 No change.
288 Language of record and judgment 265 No change.
289 Application of the Chapter 265A “Below the age of fourteen years” excluded from 289(1)(b), thereby expanding the scope.
290 Application for plea bargaining 265B Time limit for plea bargaining “within a period of thirty days from the date of framing of charge” is added in subsection (1). 290 (4) (a) “not exceeding sixty days” is added, regarding accused to work out a mutually satisfactory disposition of the case”. The words “as the case may be” excluded.
291 Guidelines for mutually satisfactory disposition 265C “pleader” is replaced by “advocate”.
292 Report of the mutually satisfactory disposition to be submitted before the Court 265D No change.
293 Disposal of the case 265E Section 293 clauses (c ) and (d) make changes to require the court to show leniency towards first -time offenders who opt for plea bargaining. They may be sentenced to one fourth of minimum punishment instead of half and one-nineth instead of one-fourth respectively.
294 Judgment of the Court 265F No change.
295 Finality of the judgment 265G No change.
296 Power of the Court in plea bargaining 265H No change.
297 Period of detention undergone by the accused to be set off against the sentence of imprisonment 265-I No change.
298 Savings 265J No change.
299 Statements of accused not to be used 265K No change.
300 Non-application of the Chapter 265L No change.
301 Definitions 266 No change.
302 Power to require attendance of prisoners 267 The words “as the case may be” are excluded.
303 Power of State Government or Central Government to exclude certain persons from operation of section 302 268 “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 Officer in charge of prison to abstain from carrying out order in certain contingencies 269 No change.
305 Prisoner to be brought to Court in custody 270 No change.
306 Power to issue commission for examination of witness in prison 271 No change.
307 Language of Courts 272 No change.
308 Evidence to be taken in presence of accused 273 The words “through audio-video electronic means at the designated place to be notified by the State Government” are added.
309 Record in summons-cases and inquiries 274 No change.
310 Record in warrant-cases 275 No change.
311 Record in trial before Court of Session 276 No change.
312 Language of record of evidence 277 No change.
313 Procedure in regard to such evidence when completed 278 The word “pleader” is replaced by “advocate” in heading and other places.
314 Interpretation of evidence to accused or his pleader 279 Ditto.
315 Remarks respecting demeanour of witness 280 No change.
BNSS vs CrPC Comparison
CORRESPONDENCE TABLE and COMPARISON SUMMARY
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vs The Code of Criminal Procedure, 1973 (CrPC)
BNSS Sections Subject CrPC Sections Summary of Comparison
316 Record of examination of accused 281 “a Metropolitan Magistrate” is replaced by “any Magistrate, or by a Court of Session,” and sub-sections related to a metropolitan Magistrate are excluded. A new proviso is added to 316 (4) “where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination.”
317 Interpreter to be bound to interpret truthfully 282 No change.
318 Record in High Court 283 No change.
319 When attendance of witness may be dispensed with and commission issued 284 “pleader” is replaced by “advocate”.
320 Commission to whom to be issued 285 “Chief Metropolitan Magistrate” excluded.
321 Execution of commissions 286 “Chief Metropolitan Magistrate or Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate” is replaced by “Chief Judicial Magistrate or such Magistrate”.
322 Parties may examine witnesses 287 The word “pleader” is replaced by “advocate”. “as the case may be” excluded.
323 Return of commission 288 BSA sections replace corresponding Indian Evidence Act sections.
324 Adjournment of proceeding 289 No change.
325 Execution of foreign commissions 290 No change.
326 Deposition of medical witness 291 No change.
327 Identification report of Magistrate 291A BSA sections replace corresponding Indian Evidence Act sections.
328 Evidence of officers of the Mint 292 BSA sections replace corresponding Indian Evidence Act sections. “any such”, “of the mint officer” and “as the case may be” are excluded.
329 Reports of certain Government scientific experts 293 In 329(4) (g) the words “State Government or, and or certified “are added and, “Government” excluded.
330 No formal proof of certain documents 294 Two new provisos are added. Time limit of thirty days for acceptance or denial of the genuineness of the document, provided the Court may relax the time limit as stated in the first proviso. And the second proviso states that experts should be called only if he is disputed by any parties during the trial. The words “may be prescribed by the State Government” is replaced by “the State Government may, by rules, provide”
331 Affidavit in proof of conduct of public servants 295 No change.
332 Evidence of formal character on affidavit 296 No change.
333 Authorities before whom affidavits may be sworn 297 No change.
334 Previous conviction or acquittal how proved 298 No change.
335 Record of evidence in absence of accused 299 No change.
336 Evidence of public servants, experts, police officers in certain cases Newly added section. Evidence of public servants, experts, police officers in certain cases may be secured through the successor officer of such a public servant, etc.
337 Person once convicted or acquitted not to be tried for same offence 300 No change.
338 Appearance by Public Prosecutors 301 “Pleader” is replaced by “Advocate”.
339 Permission to conduct prosecution 302 Ditto.
340 Right of person against whom proceedings are instituted to be defended 303 Ditto.
341 Legal aid to accused at State expense in certain cases 304 Ditto.
342 Procedure when corporation or registered society is an accused 305 The words “duly authorised by him” are added in subsection (5).
343 Tender of pardon to accomplice 306 “or a Metropolitan magistrate” excluded and “the criminal law amendment Act 1952” replaced by “any other law for the time being in force”.
344 Power to direct tender of pardon 307 No change.
345 Trial of person not complying with conditions of pardon 308 No change.
346 Power to postpone or adjourn proceedings 309 The BNS sections replace the corresponding IPC sections. The word “Magistrate” is replaced by “Court”. A new clause (b) is added to the last proviso of subsection (2), which states, “Where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing”. The word “pleader” is replaced by “advocate”.
347 Local inspection 310 No change.
348 Power to summon material witness, or examine person present 311 No change.
349 Power of Magistrate to order person to give specimen signatures or handwriting 311A The words “or finger impressions” and “or voice sample” are added. One new proviso added which provides that the Magistrate may, for reasons to be recorded in writing, order any person to give such a specimen or sample without him being arrested.
350 Expenses of complainants and witnesses 312 No change.
351 Power to examine the accused 313 No change.
352 Oral arguments and memorandum of arguments 314 No change.
353 Accused person to be competent witness 315 No change.
354 No influence to be used to induce disclosure 316 No change.
355 Provision for inquiries and trial being held in the absence of accused in certain cases 317 “pleader” is replaced by “advocate”. A new explanation is added –“For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means”.
356 Inquiry, trial or judgment in absentia of proclaimed offender A newly added section which gives provision for Inquiry, trial or judgment in absentia of proclaimed offender. An extra-ordinary provision.
357 Procedure where accused does not understand proceedings 318 No change.
358 Power to proceed against other persons appearing to be guilty of offence 319 No change.
359 Compounding of offences 320 In the table of compoundable offences, the corresponding IPC sections are replaced by BNS sections. Section 497 IPC is excluded as it is not included in BNS. The rest remains same.
360 Withdrawal from prosecution 321 “by the Delhi Special Police Establishment under the Delhi Special Establishment Act 1946 (25 of 1946)” is replaced by “under any Central Act,” and a new proviso is added which provides further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case.
361 Procedure in cases which Magistrate cannot dispose of 322 No change.
362 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed 323 No change.
363 Trial of persons previously convicted of offences against coinage, stamp-law or property 324 No change.
364 Procedure when Magistrate cannot pass sentence sufficiently severe 325 No change.
365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another 326 No change.
366 Court to be open 327 No change.
367 Procedure in case of accused being person of unsound mind 328 “person of unsound mind” in the heading replaces “lunatic”. Subsection (2) specifies about psychologist to be “of Government hospital or Government medical college” and “mental retardation” is replaced by “intellectual disability”.
368 Procedure in case of person of unsound mind tried before Court 329 Nearest medical college is now specified as Government medical college. “mental retardation” is replaced by “intellectual disability”.
369 Release of person with mental illness pending investigation or trial 330 “mental retardation” is replaced by “intellectual disability” and “public mental health establishment” replaces “lunatic asylum”.
370 Resumption of inquiry or trial 331 No change.
371 Procedure on accused appearing before Magistrate or Court 332 No change.
372 When accused appears to have been of sound mind 333 No change.
373 Judgment of acquittal on ground of unsoundness of mind 334 No change.
374 Person acquitted on ground of unsoundness of mind to be detained in safe custody 335 “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 Power of State Government to empower officer-in-charge to discharge 336 No change.
376 Procedure where prisoner of unsound mind is reported capable of making his defence 337 “person of unsound mind” replaces “lunatic”, “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 Procedure where person of unsound mind detained is declared fit to be released 338 The words “person of unsound mind” replace “lunatic” in the heading. “public mental health establishment” replaces “lunatic asylum”.
378 Delivery of person of unsound mind to care of relative or friend 339 The words “person of unsound mind” replace “lunatic” in the heading.
379 Procedure in cases mentioned in section 215 340 No change.
380 Appeal 341 No change.
381 Power to order costs 342 No change.
382 Procedure of Magistrate taking cognizance 343 No change.
383 Summary procedure for trial for giving false evidence 344 The fine increased to “one thousand rupees” from “five hundred rupees”.
384 Procedure in certain cases of contempt 345 BNS sections replace IPC Sections. Fine increased to “one thousand rupees” from “two hundred rupees”.
385 Procedure where Court considers that case should not be dealt with under section 384 346 No change.
386 When Registrar or Sub-Registrar to be deemed a Civil Court 347 No change.
387 Discharge of offender on submission of apology 348 No change.
388 Imprisonment or committal of person refusing to answer or produce document 349 No change.
389 Summary procedure for punishment for non-attendance by a witness in obedience to summons 350 The fine increased to “five hundred rupees” from ” One hundred rupees”.
390 Appeals from convictions under sections 383, 384, 388 and 389 351 No change.
391 Certain Judges and Magistrates not to try certain offences when committed before themselves 352 No change.
392 Judgment 353 “pleaders” is replaced by “advocates.” A new proviso is added to subsection (4), which provides that the Court shall, as far as practicable, upload a copy of the judgement on its portal within a period of seven days from the date of judgement. And the words “either in person or through audio-video electronic means”. are added in subsection (5).
393 Language and contents of judgment 354 No change.
394 Order for notifying address of previously convicted offender 356 Reframing of phrases without any change in essence.
395 Order to pay compensation 357 No change.
396 Victim compensation scheme. Compensation to be in addition to fine under section 65, section 70 and subsection (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 [under section 326A or section 376D of Indian Penal Code] 357A & 357B No change.
397 Treatment of victims 357C BNS sections replace corresponding IPC sections. “under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 ” is added.
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 Compensation to persons groundlessly arrested 358 No change.
400 Order to pay costs in non-cognizable cases 359 “pleader” is replaced by “advocate”.
BNSS vs CrPC Comparison
CORRESPONDENCE TABLE and COMPARISON SUMMARY
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) vs The Code of Criminal Procedure, 1973 (CrPC)
BNSS Sections Subject CrPC Sections Summary of Comparison
401 Order to release on probation of good conduct or after admonition 360 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 Special reasons to be recorded in certain cases 361 ‘The Children Act 1960 (60 of 1960)” is replaced by “The Juvenile Justice (Care and Protection of Children) Act, 2015”.
403 Court not to alter judgment 362 No change.
404 Copy of judgment to be given to the accused and other persons 363 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 Judgment when to be translated 364 The words “the accused so required” replaced by “if either party so requires”.
406 Court of Session to send copy of finding and sentence to District Magistrate 365 No change.
407 Sentence of death to be submitted by Court of Session for confirmation 366 The words “shall be” replaced by “forthwith”.
408 Power to direct further inquiry to be made or additional evidence to be taken 367 No change.
409 Power of High Court to confirm sentence or annul conviction 368 No change.
410 Confirmation or new sentence to be signed by two Judges 369 No change.
411 Procedure in case of difference of opinion 370 No change.
412 Procedure in cases submitted to High Court for confirmation 371 The words “either physically, or through electronic means” is added.
413 No appeal to lie unless otherwise provided 372 No change.
414 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour 373 No change.
415 Appeals from convictions 374 “a Metropolitan Magistrate or Assistant Sessions Judge” excluded.
416 No appeal in certain cases when accused pleads guilty 375 “Metropolitan Magistrate” excluded.
417 No appeal in petty cases 376 “Metropolitan Magistrate” excluded. Imprisonment limit is reduced from six months to three months.
418 Appeal by the State Government against sentence 377 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 Appeal in case of acquittal 378 Ditto.
420 Appeal against conviction by High Court in certain cases 379 No change.
421 Special right of appeal in certain cases 380 The word “contained” excluded.
422 Appeal to Court of Session how heard 381 The word “Assistant Session Judge” excluded.
423 Petition of appeal 382 “pleader” is replaced by “advocate”.
424 Procedure when appellant in jail 383 No change.
425 Summary dismissal of appeal 384 “pleader” is replaced by “advocate”.
426 Procedure for hearing appeals not dismissed summarily 385 Ditto.
427 Powers of the Appellate Court 386 Ditto.
428 Judgments of Subordinate Appellate Court 387 No change.
429 Order of High Court on appeal to be certified to lower Court 388 No change.
430 Suspension of sentence pending the appeal; release of appellant on bail 389 “or bail bond” added.
431 Arrest of accused in appeal from acquittal 390 No change.
432 Appellate Court may take further evidence or direct it to be taken 391 “pleader” is replaced by “advocate”.
433 Procedure where Judges of Court of Appeal are equally divided 392 No change.
434 Finality of judgments and orders on appeal 393 No change.
435 Abatement of appeals 394 No change.
436 Reference to High Court 395 “Metropolitan Magistrate” and “or him” excluded.
437 Disposal of case according to decision of High Court 396 No change.
438 Calling for records to exercise powers of revision 397 The words “or bail bond ” added and “bail” excluded.
439 Power to order inquiry 398 No change.
440 Sessions Judge’s powers of revision 399 No change.
441 Power of Additional Sessions Judge 400 No change.
442 High Court’s powers of revision 401 “pleader” is replaced by “advocate”.
443 Power of High Court to withdraw or transfer revision cases 402 No change.
444 Option of Court to hear parties 403 “pleader” is replaced by “advocate”.
445 High Court’s order to be certified to lower Court 405 No change.
446 Power of Supreme Court to transfer cases and appeals 406 “not exceeding one thousand rupees” is excluded.
447 Power of High Court to transfer cases and appeals 407 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 Power of Sessions Judge to transfer cases and appeals 408 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 Withdrawal of cases and appeals by Session Judge 409 From subsection (1) “any Assistant Sessions Judge or” are excluded.
450 Withdrawal of cases by Judicial Magistrate 410 No change.
451 Making over or withdrawal of cases by Executive Magistrates 411 No change.
452 Reasons to be recorded 412 No change.
453 Execution of order passed under section 409 413 No change.
454 Execution of sentence of death passed by High Court 414 No change.
455 Commutation of sentence of death in case of appeal to Supreme Court 415 No change.
456 Postponement of capital sentence on pregnant woman 416 The heading “Commutation of sentence of death on pregnant woman” replaces the heading “Postponement of capital sentence on pregnant woman”.
457 Power to appoint place of imprisonment 417 The words “or section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be;” excluded.
458 Execution of sentence of imprisonment 418 No change.
459 Direction of warrant for execution 419 No change.
460 Warrant with whom to be lodged 420 No change.
461 Warrant for levy of fine 421 The words, “but no such payment has been made” added in subsection (1).
462 Effect of such warrant 422 No change.
463 Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend 423 No change.
464 Suspension of execution of sentence of imprisonment 424 The words “with or without sureties” are excluded” and or bail bond” are added.
465 Who may issue warrant 425 No change.
466 Sentence on escaped convict when to take effect 426 No change.
467 Sentence on offender already sentenced for another offence 427 No change.
468 Period of detention undergone by the accused to be set off against the sentence of imprisonment 428 No change.
469 Saving 429 No change.
470 Return of warrant on execution of sentence 430 No change.
471 Money ordered to be paid recoverable as a fine 431 No change.
472 Mercy Petition in death sentence cases Newly added section.
473 Power to suspend or remit sentences 432 In sub-section (5) the word “male” is excluded.
474 Power to commute sentence 433 Five new clauses are added regarding commutation of sentence and four clauses are excluded from 433 CrPC.
475 Restriction on powers of remission or commutation in certain cases 433A No change.
476 Concurrent power of Central Government in case of death sentences 434 No change.
477 State Government to act after concurrence with Central Government in certain cases 435 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 In what cases bail to be taken 436 The word “bail” is replaced by “or bail bond”. “without sureties” is excluded. In subsection(2) “bond or”, “or bail bond” are added.
479 Maximum period for which an undertrial prisoner can be detained 436A “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 When bail may be taken in case of non-bailable offence 437 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 Bail to require accused to appear before next appellate Court 437A The words “bail bond with sureties” are replaced by “bond or bail bond”.
482 Direction for grant of bail to person apprehending arrest 438 No change.
483 Special powers of High Court or Court of Session regarding bail 439 No change.
484 Amount of bond and reduction thereof 440 No change.
485 Bond of accused and sureties 441 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 Declaration by sureties 441A No change.
487 Discharge from custody 442 The words “bail bond” are added in subsection (1) and (2).
488 Power to order sufficient bail when that first taken is insufficient 443 No change.
489 Discharge of sureties 444 No change.
490 Deposit instead of recognizance 445 The words “bond with or without sureties” are replaced by “bond or bail bond”.
491 Procedure when bond has been forfeited 446 No change.
492 Cancellation of bond and bail bond 446A The words “bail bond” are added.
493 Procedure in case of insolvency of death of surety or when a bond is forfeited 447 No change.
494 Bond required from child 448 The word “minor” is replaced by “child”.
495 Appeal from orders under section 491 449 No change.
496 Power to direct levy of amount due on certain recognizances 450 No change.
497 Order for custody and disposal of property pending trial in certain cases 451 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 Order for disposal of property at conclusion of trial 452 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 Payment to innocent purchaser of money found on accused 453 The words “within six months from the date of such order” are added for specifying the time limit for delivery to the purchaser.
500 Appeal against orders under section 498 or section 499 454 The word “or Magistrate” is added.
501 Destruction of libellous and other matter 455 No change.
502 Power to restore possession of immovable property 456 The words “attended by” are replaced by “by use of” in subsection (1).
503 Procedure by police upon seizure of property 457 No change.
504 Procedure where no claimant appears within six months 458 The words “may be prescribed” are replaced by “as the State Government may, by rules, provide”.
505 Power to sell perishable property 459 “five hundred rupees” is replaced by “less than ten thousand rupees”.
506 Irregularities which do not vitiate proceedings 460 No change.
507 Irregularities which vitiate proceedings 461 The words “or telegraph” are excluded.
508 Proceedings in wrong place 462 No change.
509 Non-compliance with provisions of section 183 or section 316 463 No change.
510 Effect of omission to frame, or absence of, or error in, charge 464 No change.
511 Finding or sentence when reversible by reason of error, omission or irregularity 465 No change.
512 Defect or error not to make attachment unlawful 466 Ditto.
513 Definitions 467 No change.
514 Bar to taking cognizance after lapse of the period of limitation 468 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 Commencement of the period of limitation 469 No change.
516 Exclusion of time in certain cases 470 No change.
517 Exclusion of date on which Court is closed 471 No change.
518 Continuing offence 472 No change.
519 Extension of period of limitation in certain cases 473 No change.
520 Trials before High Courts 474 No change.
521 Delivery to commanding officers of persons liable to be tried by Court-martial 475 The word “military” is replaced by “army”.
522 Forms 476 No change.
523 Power of High Court to make rules 477 The word “prescribed” is replaced by “provided by rules made by the State Government”.
524 Power to alter functions allocated to Executive Magistrate in certain cases 478 No change.
525 Case in which Judge or Magistrate is personally interested 479 No change.
526 Practicing advocate not to sit as Magistrate in certain Courts 480 The word “pleader” is replaced by “advocate”.
527 Public servant concerned in sale not to purchase or bid for property 481 No change.
528 Saving of inherent powers of High Court 482 Ditto.
529 Duty of High Court to exercise continuous superintendence over Courts 483 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 Repeal and savings 484 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