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BNSS vs CrPC

BNSS Sections CrPC Sections Subject Summary of Comparison
1 1 Short title, extent and commencement. It contains the Act name, Bharatiya Nagarik Suraksha Sanhita, 2023, and provisions regarding the commencement date.
2 2 Definitions. 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) 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 "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) 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 substituted with "Sanhita". Explanation that in case of inconsistency provisions of 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” are replaced 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 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 3 Construction of references. 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 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. "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 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. Ditto.
11 13 Special Judicial Magistrates. Ditto.
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, State Government may appoint police officers of the rank 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 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 25A Directorate of Prosecution. 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 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. 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 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. Ditto.
28 34 Withdrawal of powers. Ditto.
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 broadened.
32 38 Aid to person, other than police officer, executing warrant. No change.
33 39 Public to give information of certain offences. Ditto.
34 40 Duty of officers employed in connection with the affairs of a village to make certain report. 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.<br> .
35 41 & 41A When police may arrest without warrant. 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 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 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 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), 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 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) 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 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. 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 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. 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 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 added to subsection (1) regarding one more examination can be done if it is necessary, in the opinion of the medical practitioner.
54 54A Identification of person arrested. 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 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) “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 62 Summons how served. Two new provisos regarding electronic communication, under subsections (1) and (2), are added.<br> The word "personally" is added in sub-section (3).
65 63 Service of summons on corporate bodies, firms, and societies. In subsection (1), Director and Manager is added.<br> New subsection (2) regarding 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. 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 69 Service of summons on witness by post. 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 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. New subsection (2) is added regarding information to designated police officer of the respective district where 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. 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 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 words “or bail bond” are added in heading and words "bond with or without sureties" are replaced by "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. 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 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 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 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 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.”
106 102 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. BNS sections replace the corresponding IPC sections. Clauses (e) the Protection of Civil Rights Act, 1955; (22 of 1955) and<br> (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”.
130 111 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. Ditto.
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 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".
150 131 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. In clause (b) the words "and such appearance or hearing may be permitted through audio-video conferencing." are added.
155 136 Penalty for failure to comply with section 154. “such person" is replaced by "person against whom an order is made under section 154 " and BNS section replaces corresponding IPC 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. In Explanation the words "For the purposes of this sub- section" are added. The word “pleader” is replaced by “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.<br> (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. 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.
174 155 Information as to non- cognizable cases and investigation of such cases. Clause (ii) in subsection (1) is added regarding forwarding the daily diary report of non-cognizable cases fortnightly to the Magistrate.
175 156 Police officer's power to investigate cognizable case. 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.
176 157 Procedure for investigation. In clause (b) of subsection (1), audio-video electronic means are added.<br> In subsection (2), the words, "forward the daily diary report fortnightly to the Magistrate" are added.<br> Sub-section (3) is newly added, which stipulates forensic experts visit the crime scene as mandatory for offences punishable for seven years or more.
177 158 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. 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.
180 161 Examination of witnesses by police. No change.
181 162 Statements to police and use thereof. Heading of the section is changed. BSA sections replace corresponding Indian Evidence Act sections.
182 163 No inducement to be offered. No change.
183 164 Recording of confessions and statements. 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 164A Medical examination of the victim of rape. "without delay" is replaced by "Within a period of seven days" for medical practitioner to forward the report to Investigating officer.
185 165 Search by police officer. A newly added Proviso to Section 185(2) mandates the recoding of search conducted through audio video, or electronic means. Subsection (5) of 185 of BNSS provides that the copies of record made under SubsSection (1) or (3) shall forthwith, but not later than 48 hours, be sent to Magistrate.
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. 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 detention period of sixty days or ninety days, as the case may be, as provided in sub-section (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) 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.<br> 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.<br> The new proviso to subsection (6) provides 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) "forthwith" is replaced by "within twenty- four hours" for sending the report to DM and SDM. The word “man” is replaced by “person”.
195 175 Power to summon persons. 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.
196 176 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 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.
202 182 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. Ditto.
218 197 Prosecution of Judges and public servants. 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.
219 198 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.<br> "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 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<br> (b) a report containing facts and circumstances of the incident from the officer superior to such a public servant is received.
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. "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).”.
230 207 Supply to the accused of copy of police report and other documents. 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.
231 208 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 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.
233 210 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. 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.
244 221 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. 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.
251 228 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. Newly added proviso to section 254 of BNSS provides that evidence of a witness may be recorded by audio-video electronic means.<br> 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.
255 232 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. 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 fortyfive days for reasons to be recorded 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. 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).
263 240 Framing of charge. 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.
264 241 Conviction on plea of guilty. No change.
265 242 Evidence for prosecution. 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.
266 243 Evidence for defence. 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.
267 244 Evidence for prosecution. No change.
268 245 When accused shall be discharged. No change.
269 246 Procedure where accused is not discharged. 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.
270 247 Evidence for defence. No change.
271 248 Acquittal or conviction. No change.
272 249 Absence of complainant. It is added that the Magistrate may “after giving thirty days’ time to the complainant to be present before proceeding further.
273 250 Compensation for accusation without reasonable cause. BNS Sections replace corresponding IPC sections. Compensation amount under sub-section (6) increased from "one hundred rupees" to “two thousand rupees”.
274 251 Substance of accusation to be stated. 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.
275 252 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.<br> "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. 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.
284 261 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. Time limit for plea bargaining "within a period of thirty days from the date of framing of charge" is added in subsection (1).<br> 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 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. 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 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. Ditto.
315 280 Remarks respecting demeanour of witness. No change.
316 281 Record of examination of accused. "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.”
317 282 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 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”
331 295 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. Newly added section.<br> Evidence of public servants, experts, police officers in certain cases may be secured through the successor officer of such a public servant, etc.
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. Ditto.
340 303 Right of person against whom proceedings are instituted to be defended. Ditto.
341 304 Legal aid to accused at State expense in certain cases. Ditto.
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 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”.
347 310 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. 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.
350 312 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. "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.
357 318 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. 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.
360 321 Withdrawal from prosecution. "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.
361 322 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. “person of unsound mine” 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".
368 329 Procedure in case of person of unsound mind tried before Court. Nearest medical college is now specified as Government medical college.<br> "mental retardation" is replaced by "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 LunacyAct,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", "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" replace "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. Fine 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- <br> attendance by a witness in<br> 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. "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.<br> And the words "either in person or through audio-video electronic means". are added in 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.<br> 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. 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”.
399 358 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. Ditto.
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. Ditto.
427 386 Powers of the Appellate Court. Ditto.
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.<br> 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. Ditto.
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. Ditto.
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<br> 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.<br> In sub-section (3), the word “prescribed” is replaced by “specified”. The word “old” is replaced by “said” at many places in this section.