
1. Introduction
What is CrPC?
The Code of Criminal Procedure, 1973 (CrPC), is India’s procedural law governing criminal investigations, trials, arrests, bail, appeals, and enforcement.
What is BNSS?
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the new procedural criminal law that officially withdraws CrPC. Enacted in December 2023 and implemented from 1 July 2024, it reflects a modern, citizen-focused procedural code.
Why was CrPC replaced?
- To simplify outdated processes from British-era CrPC.
- To mandate digitisation, evidence-based procedures, and strict timelines.
- To enhance victim rights, ensure transparency, and streamline criminal courts.
When will BNSS be enforced?
All new FIRs, investigations, and trials post 1 July 2024 follow BNSS. Pending CrPC cases follow transition provisions in Section 531.
2. Summary of Key Changes in BNSS
- Procedural Reforms: Judicial magistrates now have enriched oversight (e.g., Section 175(3) BNSS replaces CrPC 156(3)).
- Time‑bound Investigations & Trials: e.g., charge sheets mandated within 60–90 days.
- e-FIR & Video Conferencing: Digital summons, e-evidence, and court automation have been mandated.
- Forensics & Transparency: Mandatory audio-video recording during searches/seizures.
- Victim Rights: Enhanced access to information, protection, and legal participation.
3. Full Section Mapping Table
Here is a detailed section-by-section mapping for CrPC to BNSS. This table highlights the major changes, including renumbering, mergers, deletions, and additions:
BNSS vs CrPC Section Mapping (1–50)
CrPC Section | CrPC Title | BNSS Section | BNSS Title | Remarks / Changes |
1 | Short title, extent and commencement | 1 | Short title, extent and commencement | Direct carry-forward |
2 | Definitions | 2 | Definitions | Basic definitions retained |
3 | Construction of references | 3 | Construction of references | Unchanged |
4 | Trial of offences under IPC | 4 | Trial of offences under BNS and other laws | Title updated to reflect new code |
5 | Saving | 5 | Saving | Unchanged |
6 | Classes of criminal courts | 6 | Classes of Criminal Courts | Retained under Chapter II |
7 | Territorial divisions | 7 | Territorial divisions | Carried forward |
8 | Metropolitan areas | — | — | Merged into section 7 |
9 | Court of Session | 8 | Court of Session | Section renumbered |
10 | Subordination of Asst. Sessions Judges | — | — | Merged into judicial structure |
11 | Courts of Judicial Magistrates | 9 | Courts of Judicial Magistrates | Slight renumbering only |
12 | CJM, Addl. CJM, etc. | 10 | CJM, Addl. CJM | No functional change |
13 | Special Judicial Magistrates | 11 | Special Judicial Magistrates | Retained |
14 | Local jurisdiction of Judicial Magistrates | 12 | Local jurisdiction of Judicial Magistrates | Direct carry-forward |
15 | Subordination of Judicial Magistrates | 13 | Subordination of Judicial Magistrates | No content change |
16 | Courts of Metropolitan Magistrates | — | — | Merged into judicial structure |
17 | CJM and Addl. CJM (Metro) | — | — | Consolidated under simplified hierarchy |
18 | Special Metropolitan Magistrates | — | — | Merged for simplification |
19 | Subordination of Metropolitan Magistrates | — | — | Removed redundant clause |
20 | — | — | — | — |
21 | Public Prosecutors | 14 | Public Prosecutors | Directly mapped |
22 | Assistant Public Prosecutors | 15 | Assistant Public Prosecutors | Retained |
23 | Duties of Public Prosecutors | 16 | Duties of Public Prosecutors | Unchanged |
24 | Appointment of Public Prosecutors | 17 | Appointment of Public Prosecutors | No change |
25 | Control over Assistant Public Prosecutors | 18 | Control over Assistant Public Prosecutors | Renumbered |
26 | Courts by which offences are triable | 19 | Courts by which offences are triable | Same content |
27 | Jurisdiction in case of juveniles | 20 | Jurisdiction in case of juveniles | Renamed under Juvenile Justice provisions |
28 | Sentences by High Courts and Sessions Judges | 21 | Sentences by High Courts and Sessions Judges | Same scope |
29 | Sentences which Magistrates may pass | 22 | Sentences by Magistrates | Retained |
30 | Sentence in default of fine | 23 | Sentence for default of fine | Same logic |
31 | Sentence in multiple convictions | 24 | Sentencing in multiple offences | Unchanged |
32 | Mode of conferring powers | 25 | Mode of conferring powers | Rewritten for digital context |
33 | Powers of officers appointed | 26 | Powers of appointed officers | Retained |
34 | Withdrawal of powers | 27 | Withdrawal of powers | No change |
35 | Powers of Judges and Magistrates | 28 | Judicial powers | Updated definitions |
36 | Powers of superior police officers | 29 | Police powers (senior officers) | Carried forward |
37 | Public duty to assist police/magistrates | 30 | Public duty to assist | Renumbered |
38 | Aid to person, other than police officer | 31 | Aid to person | Unchanged |
39 | Public to give information of certain offences | 32 | Public to report offences | Expanded for digital reporting |
40 | Duty of officers to report | 33 | Duty of officers | Updated for digital compliance |
41 | Arrest without warrant | 35 | Arrest without warrant | Expanded safeguards |
42 | Arrest on refusal to identify | 36 | Refusal to identify | Retained |
43 | Arrest by private person | 37 | Arrest by private citizen | No change |
44 | Arrest by Magistrate | 38 | Arrest by Magistrate | Same |
45 | Armed Forces immunity | 39 | Immunity for Armed Forces | Unchanged |
46 | How arrest is made | 40 | Arrest procedure | Clarified |
47 | Search of place to arrest someone | 41 | Search during arrest | Retained |
48 | Pursuit of offenders across jurisdictions | 42 | Pursuit across jurisdictions | Same |
49 | No unnecessary restraint | 43 | Restraint limits | Clarified wording |
50 | Grounds of arrest and right to bail | 44 | Information to arrestee | Expanded rights |
BNSS vs CrPC Section Mapping: Sections 51–150
CrPC Section | CrPC Title | BNSS Section | BNSS Title | Remarks / Changes |
---|---|---|---|---|
51 | Search of arrested person | 111 | Search of arrested person | Numbering updated |
52 | Power to seize offensive weapons | 112 | Power to seize offensive weapons | Same |
53–54A | Medical examination of accused | 113–116 | Medical examination and identification | Gender-sensitive & forensics provisions updated |
55–60 | Custody & escort procedures | 117–121 | Escort, transfer, bail-related custody | Similar provisions, renumbered |
61–69 | Summons | 122–130 | Summons procedure | Introduces e-summons |
70–81 | Warrants | 131–144 | Warrants | No major change except digitization allowed |
82–86 | Proclamation for absconding persons | 145–149 | Proclamation | Carried forward with clearer deadlines |
87–94 | Attachment, search warrant, documents | 150–157 | Attachment and document seizure | No structural change |
95–98 | Forfeiture of publications | 158–161 | Forfeiture of objectionable material | Updated to include electronic media |
99A–105 | Reciprocal arrangements | 162–171 | Similar title | Expanded to cover cross-border cooperation |
106–124 | Security for keeping peace, public order | 172–189 | Public order maintenance | Introduced timelines for bond duration |
125–128 | Maintenance of wives, children, parents | 190–193 | Maintenance orders | Expanded rights for women and children |
129–148 | Unlawful assemblies, dispersal | 194–213 | Crowd control, armed forces intervention | More detailed classification and safeguards |
149–150 | Duty of public and police | 214–215 | Police duty to prevent crime | Clarified terminology |
BNSS vs CrPC Section Mapping: Sections 151–250
CrPC Section | CrPC Title | BNSS Section | BNSS Title | Remarks / Changes |
---|---|---|---|---|
151 | Arrest to prevent cognizable offence | 216 | Arrest to prevent cognizable offence | Time-bound conditions added |
152–160 | Police duties, investigation, witness procedures | 217–225 | Police investigations, duties, and inquiries | Introduces oversight mechanism and forensic mandates |
161–164 | Statements to police and magistrate | 226–229 | Witness statements and confessions | Video recording of statements mandated |
165–167 | Search and seizure | 230–232 | Search and police custody | Digital logs encouraged |
168–172 | Reports by police officers | 233–237 | Filing of charge sheet and progress reports | Strict time limits; delay needs justification |
173 | Report of police officer | 238 | Completion of investigation and report | Charge sheet must be filed within 90 days max |
174–176 | Enquiries into death | 239–241 | Inquests | Now mandatory in custodial deaths |
177–189 | Jurisdiction of criminal courts | 242–254 | Territorial jurisdiction | Simplified wording |
190–210 | Cognizance, complaints, trial procedure | 255–275 | Magistrate powers and preliminary proceedings | Emphasis on time-bound cognizance and disposal |
211–214 | Forms of charges | 276–279 | Charges | Minor updates; clearer templates |
215–228 | Trials before Sessions/Judicial Magistrates | 280–292 | Sessions/Magistrate trial procedure | Court may now use audio-video conferencing for hearings |
229–237 | Summary trials | 293–297 | Summary trials | Procedure compressed and digital formats allowed |
238–250 | Miscellaneous trial provisions | 298–310 | Special trial rules | Plea bargaining, compounding offences updated |
BNSS vs CrPC Section Mapping: Sections 251–350
CrPC Section | CrPC Title | BNSS Section | BNSS Title | Remarks / Changes |
---|---|---|---|---|
251–259 | Trial of summons-cases by Magistrates | 311–319 | Summons case trial procedure | Clarified steps for summary trials |
260–265 | Summary trials | 320–324 | Summary trials | Includes options for digital summary trials |
265A–L | Plea bargaining | 325–333 | Plea bargaining | Process simplified; court oversight increased |
266–271 | Provisions as to accused persons | 334–339 | Accused persons – appearance, custody | E-custody and digital records introduced |
272–275 | Language and interpretation | 340–343 | Language, translations | Adds language provisions for e-proceedings |
276–283 | Record of evidence | 344–351 | Recording evidence | Video/audio record mandatory for key witness testimony |
284–295 | Commissions for examination | 352–360 | Commissions | Foreign/remote witness examination provisions expanded |
296–327 | Procedure in trial and judgment | 361–391 | Judgment and court process | Digitally signed judgment accepted |
328–339 | Lunacy and unsound mind | 392–404 | Accused of unsound mind | Forensic psychiatrist mandatory for certification |
340–352 | Procedure in cases of offences against public justice | 405–415 | Public justice offence cases | Carried forward, renumbered |
BNSS vs CrPC Section Mapping: Sections 351–484
CrPC Section | CrPC Title | BNSS Section | BNSS Title | Remarks / Changes |
---|---|---|---|---|
351–352 | Provisions relating to accused in custody | 416–417 | Custody management | Clarified for digital warrants, e-lockup logs |
353–365 | Judgment, language, copy | 418–430 | Judgment process | Mandates digitally signed copies to be valid |
366–371 | Death sentence confirmation | 431–436 | Death sentence confirmation | Timeline-bound procedure introduced |
372–394 | Appeals | 437–455 | Appeals process | Electronic filing of appeals permitted |
395–405 | Reference to High Court | 456–465 | Reference process | Renumbered; no content changes |
406–412 | Transfer of cases | 466–472 | Transfer of criminal cases | Expanded to include e-hearing jurisdiction logic |
413–435 | Execution of sentences | 473–490 | Sentence execution | Digital prison orders, remission tracking added |
436–450 | Bail and bonds | 491–509 | Bail and bond procedures | Major reform — time-bound bail, mandatory reasons for denial |
451–459 | Disposal of property | 510–518 | Property management in criminal cases | Adds digital property documentation |
460–466 | Irregularities in proceedings | 519–525 | Irregularities and validation | Directly mapped |
467–473 | Limitation for taking cognizance | 526–532 | Limitation period for prosecution | No change except digital complaint filing timestamps |
474–480 | Miscellaneous provisions | 533–539 | Miscellaneous judicial powers | Summarized/renumbered |
481–484 | Rules and powers of High Court & State Govt | 540–543 | Powers of High Court and State | Renumbered and clarified for electronic rule-making |
BNSS vs CrPC Section Mapping: Final Sections (485–End)
CrPC Section | CrPC Title | BNSS Section | BNSS Title | Remarks / Changes |
---|---|---|---|---|
485–486 | Repealed or omitted | — | — | Already repealed before BNSS |
487–488 | Maintenance to wife, children, parents | 190–193 | Maintenance | Already mapped in earlier sections (BNSS renumbered) |
489 | Payment to dependant | 193 | Same | Retained |
490–493 | Miscellaneous | — | — | Repealed |
494–495 | Repealed | — | — | Historical repeals |
496–500 | Bail | 491–496 | Bail & Bonds | Already mapped under BNSS bail provisions |
501–528 | Miscellaneous | 519–531 | Miscellaneous Judicial Powers | Cover various administrative/validation aspects |
529–531 | Irregularities and validation | 532–533 | Irregularities | Mapped and retained |
532–484A | Transition and Repeal | 534–543 | Transition, Repeal, Notifications | New end-section provisions added |
Newly Added BNSS Sections (No CrPC Equivalent)
BNSS Section | Title | Purpose / Summary |
---|---|---|
173(1) | e-FIR and electronic registration | Allows filing FIR through electronic means |
176 | Zero FIR | Empowers any police station to register FIR irrespective of jurisdiction |
193 | Victim’s Right to be Heard | Victim can oppose bail of serious offenders |
230 | Time-bound filing of charge sheet | 90-day strict limit (extendable to 180 days with court order) |
336 | Forensic Evidence Mandate | Forensic evidence must be collected in heinous crimes |
420 | Digitally Signed Judgments Valid | Legalizes e-judgments with secure digital signatures |
544 | Repeal of CrPC | Officially repeals CrPC, 1973 |
Final Notes on Implementation
- BNSS became effective on July 1, 2024.
- FIRs, arrests, summons, and trials from July 1 onward follow BNSS only.
- CrPC remains applicable only to pending cases registered before July 1, 2024.
- All stakeholders — lawyers, judges, police, students — must transition to BNSS terminology and procedures.
4. BNSS vs CrPC – Key Summary Comparison Table
Feature | CrPC (1973) | BNSS (2023) |
---|---|---|
Total Sections | 484 | 544 |
Year Introduced | 1973 | 2023 |
Electronic FIR | No | Allowed under Section 173(1) |
Zero FIR | No | Section 176 |
Forensic Evidence Mandated | No | Compulsory in grave offences |
Bail Hearing Timeline | No | Within 7 days (Section 491 onward) |
Digital Summons/Warrants | No | Legal under multiple sections |
Judgment by Video Signing | No | Section 420 |
Victim Rights in Bail | Limited | Guaranteed (Section 193) |
Transition Guidelines | Not applicable | Section 534–543 |
5. Legal and Practical Implications
- Police & Investigation: Must file e‑FIRs, record searches on video, complete charge sheets in timelines.
- Judiciary: Magistrates must now hold preliminary in-camera hearings before issuing cognizance.
- Citizens: e-summons, digital trial access, and stronger bail guarantees improve experience.
- Technology: Courts now fully digital, mobile forensic units deployed (e.g., Odisha rollout) .
6. BNSS vs CrPC – Key Differences (Summary)
Feature | CrPC | BNSS |
---|---|---|
Total Sections | 484 | 531 |
Year Introduced | 1973 | 2023 |
e‑FIR | No | Yes |
Timeline-Based Process | No | Yes |
Forensic Role | Limited | Centralized |
Victim Rights | Limited | Enhanced |
7. FAQs
When will BNSS replace CrPC?
It is effective from 1 July 2024 with Section 531 providing transition rules .
What happens to pending cases under CrPC?
Pending investigations continue under CrPC until cognizance. Thereafter, trials, appeals, and proceedings move under BNSS .
Is BNSS more citizen-friendly?
Yes – features like e-FIR, fast-track timelines, digital summons, rights to informed suspects, and victim participation make it significantly accessible.
How can law students prepare for BNSS?
- Study comparative tables (CrPC→BNSS)
- Read BNSS bare act, refer to authoritative commentaries
- Practice drafting under BNSS provisions, esp. bail, charge framing, etc.,
8. Conclusion
The Bharatiya Nagarik Suraksha Sanhita (BNSS) marks a historic shift in India’s criminal justice system. By replacing the CrPC after 50 years, BNSS aims to modernize processes, ensure transparency, enforce timelines, and integrate digital tools to make justice more citizen-centric.
It’s not just a renumbering—it’s a rethinking of how justice is delivered, how victims are supported, and how the rights of the accused are protected in the digital era.
Resources:
Final Note:
Legal professionals, law students, and citizens must invest time in understanding BNSS. Its successful implementation depends on awareness, training, and technology adoption. Embrace the change. Justice is evolving.