Study Notes

BNSS VS CrPC
Comparative Analysis
BNSS Vs CrPC Comparative Analysis

Introduction- Comparison of the two Acts (An Overview)

Criminal Procedure Code 1973 Bhartiya Nagarik Suraksha Sanhita 2023

CHAPTER I CHAPTER I
PRELIMINARY PRELIMINARY
CHAPTER II CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND CONSTITUTION OF CRIMINAL COURTS AND
OFFICES OFFICES
CHAPTER III CHAPTER III
POWER OF COURTS POWER OF COURTS
CHAPTER IV CHAPTER IV
A.--POWERS OF SUPERIOR OFFICERS OF POLICE POWERS OF SUPERIOR OFFICERS OF POLICE
B.--AID TO THE MAGISTRATES AND THE POLICE AND AID TO THE MAGISTRATES AND THE
POLICE
CHAPTER V CHAPTER V
ARREST OF PERSONS ARREST OF PERSONS
CHAPTER VI CHAPTER VI
PROCESSES TO COMPEL APPEARANCE PROCESSES TO COMPEL APPEARANCE
A.--Summons A.--Summons
B.--Warrant of arrest B.--Warrant of arrest
C.--Proclamation and attachment C.--Proclamation and attachment
D.--Other rules regarding processes D.--Other rules regarding processes
CHAPTER VII CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF PROCESSES TO COMPEL THE PRODUCTION
THINGS OF THINGS
A.--Summons to produce A.--Summons to produce
B.--Search-warrants B.--Search-warrants
C.--General provisions relating to searches C.--General provisions relating to searches
D.--Miscellaneous D.--Miscellaneous
CHAPTER VIIA -
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN
CERTAIN MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE OF PROPERTY
CHAPTER VIII CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND FOR RECIPROCAL ARRANGEMENTS FOR
GOOD BEHAVIOUR ASSISTANCE IN CERTAIN MATTERS AND
PROCEDURE FOR ATTACHMENT AND
FORFEITURE OF PROPERTY
CHAPTER IX CHAPTER IX
ORDER FOR MAINTENANCE OF WIVES, CHILDREN SECURITY FOR KEEPING THE PEACE AND
AND PARENTS FOR GOOD BEHAVIOUR
CHAPTER X CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND ORDER FOR MAINTENANCE OF WIVES,
TRANQUILLITY CHILDREN AND PARENTS
A.--Unlawful assemblies
B.--Public nuisances
C.--Urgent cases of nuisance or apprehended
danger
D.--Disputes as to immovable property

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BNSS Vs CrPC Comparative Analysis

CHAPTER XI CHAPTER XI
PREVENTIVE ACTION OF THE POLICE MAINTENANCE OF PUBLIC ORDER AND
TRANQUILLITY
A.--Unlawful assemblies
B.--Public nuisances
C.--Urgent cases of nuisance or apprehended
danger
D.--Disputes as to immovable property
CHAPTER XII CHAPTER XII
INFORMATION TO THE POLICE AND THEIR PREVENTIVE ACTION OF THE POLICE
POWERS TO INVESTIGATE
CHAPTER XIII CHAPTER XIII
JURISDICTION OF THE CRIMINAL COURTS IN INFORMATION TO THE POLICE AND THEIR
INQUIRIES AND TRIALS POWERS TO INVESTIGATE
CHAPTER XIV CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF JURISDICTION OF THE CRIMINAL COURTS IN
PROCEEDINGS INQUIRIES AND TRIALS
CHAPTER XV CHAPTER XV
COMPLAINTS TO MAGISTRATES CONDITIONS REQUISITE FOR INITIATION OF
PROCEEDINGS
CHAPTER XVI CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE COMPLAINTS TO MAGISTRATES
MAGISTRATES
CHAPTER XVII CHAPTER XVII
THE CHARGE COMMENCEMENT OF PROCEEDINGS BEFORE
A.--Form of charges MAGISTRATES
B.--Joinder of charges
CHAPTER XVIII CHAPTER XVIII
TRIAL BEFORE A COURT OF SESSION THE CHARGE
A.--Form of charges
B.--Joinder of charges
CHAPTER XIX CHAPTER XIX
TRIAL OF WARRANT--CASES BY MAGISTRATES TRIAL BEFORE A COURT OF SESSION
A.--Cases instituted on a police report
B.--Cases instituted otherwise than on police report
C.--Conclusion of trial
CHAPTER XX CHAPTER XX
TRIAL OF SUMMONS--CASES BY MAGISTRATES TRIAL OF WARRANT-CASES BY
MAGISTRATES
A.--Cases instituted on a police report
B.--Cases instituted otherwise than on police
report
C.--Conclusion of trial
CHAPTER XXI CHAPTER XXI
SUMMARY TRIALS TRIAL OF SUMMONS-CASES BY
MAGISTRATES
CHAPTER XXIA CHAPTER XXII
PLEA BARGAINING SUMMARY TRIALS
CHAPTER XXII CHAPTER XXIII

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BNSS Vs CrPC Comparative Analysis

ATTENDANCE OF PERSONS CONFINED OR PLEA BARGAINING

DETAINED IN PRISONS
CHAPTER XXIII CHAPTER XXIV
EVIDENCE IN INQUIRIES AND TRIALS ATTENDANCE OF PERSONS CONFINED OR
A.--Mode of taking and recording evidence DETAINED IN PRISONS
B.--Commissions for the examination of witnesses
CHAPTER XXIV CHAPTER XXV
GENERAL PROVISIONS AS TO INQUIRIES AND EVIDENCE IN INQUIRIES AND TRIALS
TRIALS A.--Mode of taking and recording evidence
B.--Commissions for the examination of
witnesses
CHAPTER XXV CHAPTER XXVI
PROVISIONS AS TO ACCUSED PERSONS OF GENERAL PROVISIONS AS TO INQUIRIES AND
UNSOUND MIND TRIALS
CHAPTER XXVI CHAPTER XXVII
PROVISIONS AS TO OFFENCES AFFECTING THE PROVISIONS AS TO ACCUSED PERSONS OF
ADMINISTRATION OF JUSTICE UNSOUND MIND
CHAPTER XXVII CHAPTER XXVIII
THE JUDGMENT PROVISIONS AS TO OFFENCES AFFECTING
THE ADMINISTRATION OF JUSTICE
CHAPTER XXVIII CHAPTER XXIX
SUBMISSION OF DEATH SENTENCES FOR THE JUDGMENT
CONFIRMATION
CHAPTER XXIX CHAPTER XXX
APPEALS SUBMISSION OF DEATH SENTENCES FOR
CONFIRMATION
CHAPTER XXX CHAPTER XXXI
REFERENCE AND REVISION APPEALS
CHAPTER XXXI CHAPTER XXXII
TRANSFER OF CRIMINAL CASES REFERENCE AND REVISION
CHAPTER XXXII CHAPTER XXXIII
EXECUTION, SUSPENSION, REMISSION AND TRANSFER OF CRIMINAL CASES
COMMUTATION OF SENTENCES
A.--Death Sentences
B.--Imprisonment
C.--Levy of fine
D.--General provisions regarding execution
E.--Suspension, remission and commutation of
sentences
CHAPTER XXXIII CHAPTER XXXIV
PROVISIONS AS TO BAIL AND BONDS EXECUTION, SUSPENSION, REMISSION AND
COMMUTATION OF SENTENCES
A.--Death Sentences
B.--Imprisonment
C.--Levy of fine
D.--General provisions regarding execution
E.--Suspension, remission and commutation of
sentences
CHAPTER XXXIV CHAPTER XXXV

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BNSS Vs CrPC Comparative Analysis

DISPOSAL OF PROPERTY PROVISIONS AS TO BAIL AND BONDS

CHAPTER XXXV CHAPTER XXXVI
IRREGULAR PROCEEDINGS DISPOSAL OF PROPERTY
CHAPTER XXXVI CHAPTER XXXVII
LIMITATION FOR TAKING COGNIZANCE OF IRREGULAR PROCEEDINGS
CERTAIN OFFENCES
CHAPTER XXXVII CHAPTER XXXVIII
MISCELLANEOUS LIMITATION FOR TAKING COGNIZANCE OF
CERTAIN OFFENCES
- CHAPTER XXXIX
MISCELLANEOUS
THE FIRST SCHEDULE THE FIRST SCHEDULE
THE SECOND SCHEDULE THE SECOND SCHEDULE

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 BNSS Vs CrPC Comparative Analysis

Detailed Comparison and Changes Introduced

Section CrPC Section BNSS Changes Introduced

Short title, extent and Short title, extent and -

1 commencement 1 commencement
2 Definitions 2 Definitions -
3 Construction of references 3 Construction of -
references
Trial of offences under the Trial of offences under -
4 Indian Penal Code and 4 Bhartiya Nyaya Sanhita
other laws and other laws
5 Saving 5 Saving -
6 Classes of Criminal Courts 6 Classes of Criminal (i) Courts of Session; (ii)
Courts Judicial Magistrates of
the first class; (iii)
Judicial Magistrates of
the second class; and
(iv) Executive
Magistrates.
Metropolitan
Magistrates removed
7 Territorial divisions 7 Territorial divisions -
8 Metropolitan Areas — Deleted The provision for
Metropolitan Area
Courts has been
deleted.
9 Court of Sessions 8 Court of Sessions -
Subordination of Assistant Deleted Subordination of
10 Sessions Judges — Assistant Sessions
Judges has been
removed.
11 Courts of Judicial 9 Courts of Judicial -
Magistrates Magistrates
Chief Judicial Magistrate Chief Judicial Magistrate -
12 and Additional Chief 10 and Additional Chief
Judicial Magistrate, etc. Judicial Magistrate, etc.
13 SpecialJudicial 11 Special Judicial -
Magistrates Magistrates
14 Local jurisdiction of Judicial Local jurisdiction of -
Magistrates 12 Judicial Magistrates
Subodination of Judicial Subodination of Judicial -
15 Magistrates 13 Magistrates
Courts of Metropolitan Deleted -
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 BNSS Vs CrPC Comparative Analysis

16 Magistrates —
Chief Metropolitan Deleted -
17 Magistrate and Additional —
Chief Metropolitan
Magistrate
Special Metropolitan Deleted -
18 Magistrates —
Subordination of Deleted -
19 Metropolitan Magistrates —
20 Executive Magistrates 14 Executive Magistrates -
21 Special Executive 15 Special Executive -
Magistrates Magistrates
Local jurisdiction of Local jurisdiction of -
22 Executive Magistrates 16 Executive Magistrates
Subordination of Executive Subordination of -
23 Magistrates 17 Executive Magistrates
24 Public Prosecutors 18 Public Prosecutors -
25 Assistant Public 19 Assistant Public -
Prosecutors Prosecutors
25A Directorate of Prosecution 20 Directorate of -
Prosecution
Courts by which offences Courts by which offences -
26 are triable 21 are triable
Jurisdiction in the case of Deleted Th
The jurisdiction to try
27 juveniles — juveniles for offences
not punishable with
death or imprisonment
for life resting with
Court of a Chief
Judicial Magistrate, or
by any Court specially
empowered under the
Children Act, 1960 has
been removed.
Sentences which High Sentences which High -
28 Courts and Sessions 22 Courts and Sessions
Judges may pass Judges may pass
Sentences which Sentences which -
29 Magistrates may pass 23 Magistrates may pass
Sentence of imprisonment Sentence of -
30 in default of fine 24 imprisonment in default of
fine
Sentence in cases of Sentence in cases of -
31 conviction of several 25 conviction of several
offences at one trial offences at one trial.
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 BNSS Vs CrPC Comparative Analysis

32 Mode of conferring powers 26 Mode of conferring -

powers
33 Powers of officers 27 Powers of officers -
appointed appointed
34 Withdrawal of powers 28 Withdrawal of powers -
Powers of Judges and Powers of Judges and -
35 Magistrates exercisable by 29 Magistrates exercisable
their successors-in-office by their successors-in-
office
Powers of superior officers Powers of superior -
36 of police 30 officers of police
Public when to assist Public when to assist -
37 Magistrates and police 31 Magistrates and police
Aid to person, other than Aid to person, other than -
38 police officer, executing 32 police officer, executing
warrant warrant
Public to give information Public to give information -
39 of certain offences 33 of certain offences
Duty of officers employed Duty of officers employed -
40 in connection with the 34 in connection with the
affairs of a village to make affairs of a village to
certain report make certain report

41 When police may arrest 35 When police may arrest S.41 A of CrPC- notice
without warrant without warrant of appearance before
police officer
incorporated in S.35.
Clause (3)- (7) has
been added to
incorporate contents
of S. 41 A (notice of
appearance)
Notice of appearance Included in section 35. -
41A before police officer —
Procedure of arrest and Procedure of arrest and -
41B duties of officer making 36 duties of officer making
arrest arrest
41C Control room at districts. 37 Designated police officer Title of section changed
and Clause (2) and (3)
summarized together as
Clause (b)-
(b) designate a police
officer in every district
and in every police
station, not below the
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 BNSS Vs CrPC Comparative Analysis

rank of Assistant Sub-

Inspector of Police who
shall be responsible for
maintaining the
information about the
names and addresses
of the persons arrested,
nature of the offence
with which charged,
which shall be
prominently displayed in
any manner including in
digital mode in every
police station and at the
district headquarters.

Right of arrested person to Right of arrested person -

41D meet an advocate of his 38 to meet an advocate of
choice during interrogation his choice during
interrogation
Arrest on refusal to give Arrest on refusal to give -
42 name and residence 39 name and residence.
Arrest by private person Arrest by private person -
43 and procedure on such 40 and procedure on such
arrest arrest
44 Arrest by Magistrate 41 Arrest by Magistrate -
Protection of members of Protection of members of -
45 the Armed Forces from 42 the Armed Forces from
arrest arrest
46 Arrest how made 43 Arrest how made -
Search of place entered by Search of place entered -
47 person sought to be 44 by person sought to be
arrested arrested
Pursuit of offenders into Pursuit of offenders into -
48 other jurisdictions 45 other jurisdictions
49 No unnecessary restraint 46 No unnecessary restraint -
Person arrested to be Person arrested to be -
50 informed of grounds of 47 informed of grounds of
arrest and of right to bail arrest and of right to bail.
Obligation of person Obligation of person No change in content,
50A making arrest to inform 48 making arrest to inform only title instead of
about the arrest, etc., to a about the arrest, etc. to nominated person-
nominated person relative or friend relative or friend added.
51 Search of arrested person 49 Search of arrested -
person
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 BNSS Vs CrPC Comparative Analysis

Power to seize offensive Power to seize offensive -

52 weapons 50 weapons
Examination of accused by Examination of accused -
53 medical practitioner at the 51 by medical practitioner at
request of police officer the request of police
officer
Examination of person Examination of person -
53A accused of rape by medical 52 accused of rape by a
practitioner medical practitioner
Examination of arrested Examination of arrested -
54 person by medical officer 53 person by medical officer
54A Identification of person 54 Identification of person -
arrested arrested
Procedure when police Procedure when police -
55 officer deputes subordinate 55 officer deputes
to arrest without warrant subordinate to arrest
without warrant
Health and safety of Health and safety of -
55A arrested person 56 arrested person
Person arrested to be Person arrested to be -
56 taken before Magistrate or 57 taken before Magistrate
officer in charge of police or officer in charge of
station police station
Person arrested not to be Person arrested not to be -
57 detained more than twenty- 58 detained more than
four hours twenty-four hours
58 Police to report 59 Police to report -
apprehensions apprehensions
Discharge of person Discharge of person -
59 apprehended 60 apprehended
Power, on escape, to Power, on escape, to -
60 pursue and retake 61 pursue and retake
Arrest to be made strictly Arrest to be made strictly -
60A according to the Code 62 according to the Sanhita
61 Form of summons 63 Form of summons -
62 Summons how served 64 Summons how served -
Service of summons on Service of summons on -
63 corporate bodies and 65 corporate bodies, firms,
societies and societies
Service when persons Service when persons -
64 summoned cannot be 66 summoned cannot be
found found.
Procedure when service Procedure when service -
65 cannot be effected as 67 cannot be effected as
before provided before provided
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 BNSS Vs CrPC Comparative Analysis

66 Service on Government 68 Service on Government -

servant servant
Service of summons Service of summons -
67 outside local limits 69 outside local limits
Proof of service in such Proof of service in such -
68 cases and when serving 70 cases and when serving
officer not present officer not present
Service of summons on Service of summons on -
69 witness by post 71 witness by post
Form of warrant of arrest Form of warrant of arrest -
70 and duration 72 and duration
Power to direct security to Power to direct security to -
71 be taken 73 be taken
72 Warrants to whom directed 74 Warrants to whom -
directed
Warrant may be directed to Warrant may be directed -
73 any person 75 to any person
Warrant directed to police Warrant directed to police -
74 officer 76 officer
Notification of substance of Notification of substance -
75 warrant 77 of warrant
Person arrested to be Person arrested to be -
76 brought before Court 78 brought before Court
without delay without delay
Where warrant may be Where warrant may be -
77 executed 79 executed
Warrant forwarded for Warrant forwarded for -
78 execution outside 80 execution outside
jurisdiction jurisdiction
Warrant directed to police Warrant directed to police -
79 officer for execution 81 officer for execution
outside jurisdiction outside jurisdiction
Procedure on arrest of Procedure on arrest of -
80 person against whom 82 person against whom
warrant issued warrant issued
Procedure by Magistrate Procedure by Magistrate -
81 before whom such person 83 before whom such
arrested is brought person arrested is
brought
Proclamation for person Proclamation for person -
82 absconding 84 absconding
Attachment of property of Attachment of property of -
83 person absconding 85 person absconding
Claims and objections to Claims and objections to -
84 87
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 BNSS Vs CrPC Comparative Analysis

attachment attachment
Release, sale and Release, sale and -
85 restoration of attached 88 restoration of attached
property property
Appeal from order rejecting Appeal from order -
86 application for restoration 89 rejecting application for
ofattached property restoration of attached
property
-
87 Issue of warrant in lieu of, 90 Issue of warrant in lieu of,
or inaddition to, summons or in addition to,
summons
Power to take bond for Power to take bond for -
88 appearance 91 appearance
Arrest on breach of bond Arrest on breach of bond -
89 for appearance 92 for appearance
Provisions of this Chapter Provisions of this Chapter -
90 generally applicable to 93 generally applicable to
summonses and warrants summonses and
ofarrest warrants of arrest
Summons to produce Summons to produce -
91 documentor other thing 94 document or other thing
Procedure as to letters and Procedure as to letters -
92 telegrams 95 and telegrams
When search warrant may When search-warrant -
93 beissued 96 may be issued
Search of place suspected Search of place -
94 to contain stolen property, 97 suspected to contain
forgeddocuments, etc. stolen property, forged
documents, etc.
Power to declare certain Power to declare certain -
95 publications forfeited and 98 publications forfeited and
to issue search warrants for to issue search-warrants
thesame for the same
Application to High Court Application to High Court -
96 to set aside declaration of 99 to set aside declaration of
forfeiture forfeiture
Search for persons Search for persons -
97 wrongfullyconfined 100 wrongfully confined
Power to compel Power to compel -
98 restoration of abducted 101 restoration of abducted
females females
Direction, etc., of search Direction, etc., of search- -
99 warrants 102 warrants
Persons in charge of S. 103. Persons in charge -
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 BNSS Vs CrPC Comparative Analysis

100 closed place to allow 103 of closed place to allow

search search
Disposal of things found in S. 104. Disposal of things -
101 search beyond jurisdiction 104 found in search beyond
jurisdiction
- S. 105. Recording of New provision added for
-- 105 search and seizure recording of process of
through audio-video search and seizure
electronic means preferable through
mobile phone and
forward it without
delay to Magistrate.
Power of Police Officer to S.106.Power of Police
102 seize certain property 106 Officer to seize certain
property
---- S.107. Attachment, New provision added to
---- 107 forfeiture and provide powers to police
restoration of property officer for attachment,
forforfeiture and
restoration of
property which are
proceeds of crime in a
time bound manner.
Magistrate may direct Magistrate may direct -
103 search in his presence 108 search in his presence
Power to impound Power to impound -
104 document, etc., produced 109 document, etc., produced
Reciprocal arrangements Reciprocal arrangements -
105 regarding processes 110 regarding processes
105A Definitions 111 Definitions -
------ Letter of request to New provision added for
----- 112 competent authority for investigation of
investigation in a country evidence which may
or place outside India be available outside
India by issuing a letter
of request to the Court
outsider India and
forward the evidence to
Court issuing letter.
----- Letter of request from a New provision added for
113 country or place outside investigation of
----- India to a Court or an evidence which may
authority for investigation be available in India
in India. which the Central
Government may

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 BNSS Vs CrPC Comparative Analysis

direct if it thinks fit on

receiving a letter of
request from Court
outside India.
Assistance in securing Assistance in securing -
105B transfer of persons 114 transfer of persons
.Assistance in relation to Assistance in relation to -
105C orders of attachment or 115 orders of attachment or
forfeiture of property forfeiture of property
Identifying unlawfully Identifying unlawfully -
105D acquired property 116 acquired property.
Seizure or attachment of Seizure or attachment of -
105E property 117 property
Management of properties Management of -
105F seized or forfeited under 118 properties seized or
this Chapter forfeited under this
Chapter
105G Notice of forfeiture of 119 Notice of forfeiture of -
property property
Forfeiture of property in Forfeiture of property in -
105H certain cases 120 certain cases
105-I Fine in lieu of forfeiture 121 Fine in lieu of forfeiture -
Certain transfers to be null
105J and void 122 Certain transfers to be -
null and void
Procedure in respect of Procedure in respect of -
105K letter of request 123 letter of request
105L Application of this Chapter 124 Application of this -
Chapter
Security for keeping the Security for keeping the -
106 peace on conviction 125 peace on conviction
Security for keeping the Security for keeping the -
107 peace in other cases 126 peace in other cases
Security for good Security for good -
108 behaviour from persons 127 behaviour from persons
disseminating seditious disseminating seditious
matters matters
Security for good Security for good -
109 behaviour from suspected 128 behaviour from
persons suspected persons
Security for good Security for good -
110 behaviour from habitual 129 behaviour from habitual
offenders offenders
111 Order to be made 130 Order to be made -

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 BNSS Vs CrPC Comparative Analysis

Procedure in respect of Procedure in respect of -

112 person present in Court 131 person present in Court
Summons or warrant in -
case of person not so 132 Summons or warrant in
113 present case of person not so
present
Copy of order to Copy of order to -
114 accompany summons or 133 accompany summons or
warrant warrant
Power to dispense with Power to dispense with -
115 personal attendance 134 personal attendance
116 Inquiry as to truth of 135 Inquiry as to truth of -
information information
117 Order to give security 136 Order to give security -
Discharge of person Discharge of person -
118 informed against 137 informed against
Commencement of period Commencement of -
119 for which security is 138 period for which security
required is required
120 Contents of bond 139 Contents of bond -
121 Power to reject sureties 140 Power to reject sureties -
Imprisonment in default of Imprisonment in default -
122 security 141 of security
Power to release persons Power to release persons -
123 imprisoned for failing to 142 imprisoned for failing to
give security give security
Security for unexpired Security for unexpired -
124 period of bond 143 period of bond
Order for maintenance of Order for maintenance of -
125 wives, children and parents 144 wives, children and
parents
126 Procedure 145 Procedure -
127 Alteration in allowance 146 Alteration in allowance -
Enforcement of order of Enforcement of order of -
128 maintenance 147 maintenance
-
129 Dispersal of assembly by 148 Dispersal of assembly by
use of civil force use of civil force
Use of armed forces to Use of armed forces to -
130 disperse assembly 149 disperse assembly
-
131 Power of certain armed 150 Power of certain armed
force officers to disperse force officers to disperse
assembly assembly

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 BNSS Vs CrPC Comparative Analysis

Protection against Protection against -

132 prosecution for acts done 151 prosecution for acts done
under preceding sections under sections 148, 149
and 150
Conditional order for Conditional order for -
133 removal of nuisance 152 removal of nuisance
134 Service or notification of 153 Service or notification of -
order order
Person to whom order is Person to whom order is -
135 addressed to obey or show 154 addressed to obey or
cause show cause
Consequences of his Consequences of his -
136 failing to do so 155 failing to do so
Procedure where Procedure where -
137 existence of public right is 156 existence of public right is
denied denied
Procedure where he Procedure where he -
138 appears to show cause 157 appears to show cause
Power of Magistrate to Power of Magistrate to -
139 direct local investigation 158 direct local investigation
and examination of an and examination of an
expert expert
Power of Magistrate to Power of Magistrate to -
140 furnish written instructions, 159 furnish written
etc. instructions, etc.
Procedure on order being Procedure on order being -
141 made absolute and 160 made absolute and
consequences of consequences of
disobedience disobedience
142 Injunction pending inquiry 161 Injunction pending inquiry -
-
162
143 Magistrate may prohibit Magistrate may prohibit
repetition or continuance of repetition or continuance
public nuisance of public nuisance
Power to issue order in Power to issue order in -
144 urgent cases of nuisance 163 urgent cases of nuisance
or apprehended danger or apprehended danger
Power to prohibit carrying Deleted This provision has been
144A arms in procession or mass — deleted.
drill or mass training with
arms
Procedure where dispute Procedure where dispute -
145 concerning land or water is 164 concerning land or water
likely to cause breach of is likely to cause breach
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 BNSS Vs CrPC Comparative Analysis

peace of peace
Power to attach subject of Power to attach subject of -
146 dispute and to appoint 165 dispute and to appoint
receiver receiver
Dispute concerning right of Dispute concerning right -
147 use of land or water 166 of use of land or water
148 Local inquiry 167 Local inquiry -
Police to prevent Police to prevent -
149 cognizable offences 168 cognizable offences
Information of design to Information of design to -
150 commit cognizable 169 commit cognizable
offences offences
Arrest to prevent the Arrest to prevent the -
151 commission of cognizable 170 commission of
offences cognizable offences
Prevention of injury to Prevention of injury to -
152 public property 171 public property
------ S.172. Persons bound New provision added
---- 172 to confirm to lawful which gives powers to
directions of Police police officer for
detaining any person
who resists, refuses,
disregards any order or
direction given by him
under the lawful
discharge of his duty.
Inspection of weights and Deleted This provision has been
153 measures — removed.
154 Information in cognizable 173 Information in cognizable -
cases cases
-

155 Information as to non- 174 Information as to non-

cognizable cases and cognizable cases and
investigation of such cases investigation of such
cases
Police officer’s power to Police officer’s power to -
156 investigate cognizable 175 investigate cognizable
cases case
157 Procedure for investigation 176 Procedure for -
investigation
158 Report how submitted 177 Report how submitted -
Power to hold investigation Power to hold -
159 or preliminary inquiry 178 investigation or
preliminary inquiry
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 BNSS Vs CrPC Comparative Analysis

Police officer’s power to Police officer’s power to -

160 require attendance of 179 require attendance of
witnesses witnesses
Examination of witnesses Examination of witnesses -
161 by police 180 by police
Statements to police not to Statements to police not -
162 be signed – Use of 181 to be signed: Use of
statements in evidence statements in evidence
163 No inducement to be 182 No inducement to be -
offered offered
Recording of confessions Recording of confessions -
164 and statements 183 and statements
Medical examination of the Medical examination of -
164A victim of rape 184 the victim of rape
165 Search by police officer 185 Search by police officer -
When officer in charge of When officer in charge of -
166 police station may require 186 police station may require
another to issue search another to issue search-
warrant warrant
Letter of request to Deleted These provisions have
166A competent authority for — been removed as
investigation in a country or incorporated in S. 112
place outside India and 113 respectively.
Letter of request from a Deleted
country or place outside —
166B India to a Court or an
authority for investigation
in India
Procedure when Procedure when -
167 investigation cannot be 187 investigation cannot be
completed in twenty- four completed in twenty- four
hours hours
Report of investigation by Report of investigation by -
168 subordinate police officer 188 subordinate police officer
Release of accused when Release of accused when -
169 evidence deficient 189 evidence deficient
Cases to be sent to Cases to be sent to -
170 Magistrate when evidence 190 Magistrate, when
is sufficient evidence is sufficient
Complainant and Complainant and -
171 witnesses not to be 191 witnesses not to be
required to accompany required to accompany
police officer and not to be police officer and not to
subjected to restraint be subjected to restraint
Diary of proceedings in Diary of proceedings in -
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 BNSS Vs CrPC Comparative Analysis

172 investigation 192 investigation

Report of police officer on Report of police officer on -
173 completion of investigation 193 completion of
investigation
Police to enquire and Police to enquire and -
174 report on suicide, etc. 194 report on suicide, etc.
175 Power to summon persons 195 Power to summon -
persons
Inquiry by Magistrate into Inquiry by Magistrate into -
176 cause of death 196 cause of death
Ordinary place of inquiry Ordinary place of inquiry -
177 and trial 197 and trial
178 Place of inquiry or trial 198 Place of inquiry or trial -
Offence triable where act is Offence triable where act -
179 done or consequence 199 is done or consequence
ensues ensues
Place of trial where act is Place of trial where act is -
180 an offence by reason of 200 an offence by reason of
relation to other offence relation to other offence
Place of trial in case of Place of trial in case of -
181 certain offences 201 certain offences
Offences committed by Offences committed by -
182 letters, etc. 202 means of electronic
communications, letters,
etc.
Offence committed on Offence committed on -
183 journey or voyage 203 journey or voyage
Place of trial for offences Place of trial for offences -
184 triable together 204 triable together
Power to order cases to be Power to order cases to -
185 tried in different sessions 205 be tried in different
divisions sessions divisions
High Court to decide, in High Court to decide, in -
186 case of doubt, district 206 case of doubt, district
where inquiry or trial shall where inquiry or trial shall
take place take place
Power to issue summons Power to issue summons -
187 or warrant for offence 207 or warrant for offence
committed beyond local committed beyond local
jurisdiction jurisdiction
Offence committed outside Offence committed -
188 India 208 outside India
Receipt of evidence Receipt of evidence -
189 relating to offences 209 relating to offences
committed outside India committed outside India
19
 BNSS Vs CrPC Comparative Analysis

Cognizance of offences by Cognizance of offences -

190 Magistrates 210 by Magistrates
Transfer on application of Transfer on application of -
191 the accused 211 the accused
Making over of cases to Making over of cases to -
192 Magistrates 212 Magistrates
Cognizance of offences by Cognizance of offences -
193 Courts of Session 213 by Courts of Session
Additional and Assistant Additional Sessions -
194 Sessions Judges to try 214 Judges to try cases made
cases made over to them over to them
-
Prosecution for contempt Prosecution for contempt
195 of lawful authority of public 215 of lawful authority of
servants, for offences public servants, for
against public justice and offences against public
for offences relating to justice and for offences
documents given in relating to documents
evidence given in evidence
Procedure for witnesses in Procedure for witnesses -
195A case of threatening, etc. 216 in case of threatening,
etc.
Prosecution for offences Prosecution for offences -
196 against the State and for 217 against the State and for
criminal conspiracy to criminal conspiracy to
commit such offence commit such offence
Prosecution of Judges and Prosecution of Judges -
197 public servants 218 and public servants
Prosecution for offences Prosecution for offences -
198 against marriage 219 against marriage
Prosecution of offences Prosecution of offences -
198A under section 498A of the 220 under section 498A of the
Indian Penal Code Bharatiya Nyaya Sanhita,
2023
198B Cognizance of offence 221 Cognizance of offence -
199 Prosecution for defamation 222 Prosecution for -
defamation
200 Examination of 223 Examination of -
complainant complainant
Procedure by Magistrate Procedure by Magistrate -
201 not competent to take 224 not competent to take
cognizance of the case cognizance of the case
-
Postponement of issue of 225 Postponement of issue of
202 process process
20
 BNSS Vs CrPC Comparative Analysis

203 Dismissal of complaint 226 Dismissal of complaint -

204 Issue of process 227 Issue of process -
Magistrate may dispense Magistrate may dispense -
205 with personal attendance 228 with personal attendance
of accused of accused
Special summons in cases Special summons in -
206 of petty offence 229 cases of petty offence
Supply to the accused of Supply to the accused of -
207 copy of police report and 230 copy of police report and
other documents other documents
Supply of copies of Supply of copies of -
208 statements and documents 231 statements and
to accused in other cases documents to accused in
triable by court of session other cases triable by
Court of Session
Commitment of case to Commitment of case to -
209 Court of Session when 232 Court of Session when
offence is triable offence is triable
exclusively by it exclusively by it
Procedure to be followed Procedure to be followed -
210 when there is a complaint 233 when there is a complaint
case and police case and police
investigation in respect of investigation in respect of
the same offence the same offence
211 Contents of charge 234 Contents of charge -
Particulars as to time, Particulars as to time, -
212 place and person 235 place and person
When manner of When manner of -
213 committing offence must 236 committing offence must
be stated be stated
Words in charge taken in Words in charge taken in -
214 sense of law under which 237 sense of law under which
offence is punishable offence is punishable
215 Effect of errors 238 Effect of errors -
216 Court may alter charge 239 Court may alter charge -
-
240
217 Recall of witnesses when Recall of witnesses when
charge altered charge altered
Separate charges for Separate charges for -
218 distinct offences 241 distinct offences
Three offences of same Offences of same kind -
219 kind within year may be 242 within year may be
charged together charged together

21
 BNSS Vs CrPC Comparative Analysis

220 Trial for more than one 243 Trial for more than one -
offence offence
-
221 Where it is doubtful what 244 Where it is doubtful what
offence has been offence has been
committed committed
When offence proved When offence proved -
222 included in offence 245 included in offence
charged charged
What persons may be What persons may be -
223 charged jointly 246 charged jointly
Withdrawal of remaining Withdrawal of remaining -
224 charges on conviction on 247 charges on conviction on
one of several charges one of several charges
Trial to be conducted by Trial to be conducted by -
225 Public Prosecutor 248 Public Prosecutor
226 Opening case for 249 Opening case for -
prosecution prosecution
227 Discharge 250 Discharge -
228 Framing of charge 251 Framing of charge -
229 Conviction on plea of guilty 252 Conviction on plea of -
guilty
230 Date for prosecution 253 Date for prosecution -
evidence evidence
231 Evidence for prosecution 254 Evidence for prosecution -
232 Acquittal 255 Acquittal -
233 Entering upon defence 256 Entering upon defence -
234 Arguments 257 Arguments -
Judgment of acquittal or Judgment of acquittal or -
235 conviction 258 conviction
236 Previous conviction 259 Previous conviction -
Procedure in cases Procedure in cases -
237 instituted under section 260 instituted under section
199(2) 223(1)
238 Compliance with section 261 Compliance with section -
207 231
When accused shall be When accused shall be -
239 discharged 262 discharged
240 Framing of charge 263 Framing of charge -
241 Conviction on plea of guilty 264 Conviction on plea of -
guilty
242 Evidence for prosecution 265 Evidence for prosecution -
243 Evidence for defence 266 Evidence for defence -
244 Evidence for prosecution 267 Evidence for prosecution -

22
 BNSS Vs CrPC Comparative Analysis

When accused shall be When accused shall be -

245 discharged 268 discharged
Procedure where accused Procedure where -
246 is not discharged 269 accused is not
discharged
247 Evidence for defence 270 Evidence for defence -
248 Acquittal or conviction 271 Acquittal or conviction -
249 Absence of complainant 272 Absence of complainant -
Compensation for Compensation for -
250 accusation without 273 accusation without
reasonable cause reasonable cause
Substance of accusation to Substance of accusation -
251 be stated 274 to be stated
252 Conviction on plea of guilty 275 Conviction on plea of -
guilty
Conviction on plea of guilty Conviction on plea of -
253 in absence of accused in 276 guilty in absence of
petty cases accused in petty cases
254 Procedure when not 277 Procedure when not -
convicted convicted
255 Acquittal or conviction 278 Acquittal or conviction -
Non-appearance or death Non-appearance or death -
256 of complainant 279 of complainant
257 Withdrawal of complaint 280 Withdrawal of complaint -
Power to stop proceedings Power to stop -
258 in certain cases 281 proceedings in certain
cases
.Power of Court to convert Power of Court to convert -
259 summons-cases into 282 summons-cases into
warrant- cases warrant- cases
260 Power to try summarily 283 Power to try summarily -
Summary trial by Summary trial by -
261 Magistrate of the second 284 Magistrate of the second
class class
262 Procedure for summary 285 Procedure for summary -
trials trials
263 Record in summary trials 286 Record in summary trials -
Judgment in cases tried Judgment in cases tried -
264 summarily 287 summarily
Language of record and Language of record and -
265 judgment 288 judgment
265A Application of the Chapter 289 Application of the -
Chapter
265B Application for plea 290 Application for plea -

23
 BNSS Vs CrPC Comparative Analysis

bargaining bargaining
Guidelines for mutually Guidelines for mutually -
265C satisfactory disposition 291 satisfactory disposition
Report of the mutually Report of the mutually -
265D satisfactory disposition to 292 satisfactory disposition to
be submitted before the be submitted before the
Court Court
265E Disposal of the case 293 Disposal of the case -
265F Judgment of the Court 294 Judgment of the Court -
265G Finality of the judgment 295 Finality of the judgment -
Power of the Court in plea Power of the Court in plea -
265H bargaining 296 bargaining
Period of detention Period of detention -
265-I undergone by the accused 297 undergone by the
to be set off against the accused to be set off
sentence of imprisonment against the sentence of
imprisonment
265J Savings 298 Savings -
Statements of accused not Statements of accused -
265K to be used 299 not to be used
265L Non-application of the 300 Non-application of the -
Chapter Chapter
266 Definitions 301 Definition -
-
267 Power to require 302 Power to require
attendance of prisoners attendance of prisoners
Power of State Power of State -
268 Government to exclude 303 Government or Central
certain persons from Government to exclude
operation of section 267 certain persons from
operation of section 302
Officer-in-charge of prison Officer in charge of prison -
269 to abstain from carrying out 304 to abstain from carrying
order in certain out order in certain
contingencies contingencies
Prisoner to be brought to Prisoner to be brought to -
270 Court in custody 305 Court in custody
Power to issue commission Power to issue -
271 for examination of witness 306 commission for
in prison examination of witness in
prison
272 Language of Courts 307 Language of Courts -
Evidence to be taken in Evidence to be taken in -
273 presence of accused 308 presence of accused

24
 BNSS Vs CrPC Comparative Analysis

Record in summons-cases Record in summons- -

274 and inquiries 309 cases and inquiries
275 Record in warrant-cases 310 Record in warrant-cases -
Record in trial before Court Record in trial before -
276 of Session 311 Court of Session
277 Language of record of 312 Language of record of -
evidence evidence
Procedure in regard to Procedure in regard to -
278 such evidence when 313 such evidence when
completed completed.
Interpretation of evidence Interpretation of evidence -
279 to accused or his pleader 314 to accused or his pleader
Remarks respecting Remarks respecting -
280 demeanour of witness 315 demeanour of witness
Record of examination of Record of examination of -
281 accused 316 accused
-
282 Interpreter to be bound to 317 Interpreter to be bound to
interpret truthfully interpret truthfully
283 Record in High Court 318 Record in High Court -
When attendance of When attendance of -
284 witness may be dispensed 319 witness may be
with and commission dispensed with and
issued commission issued
Commission to whom to be Commission to whom to -
285 issued 320 be issued
286 Execution of commissions 321 Execution of -
commissions
287 Parties may examine 322 Parties may examine -
witnesses witnesses
288 Return of commission 323 Return of commission -
289 Adjournment of proceeding 324 Adjournment of -
proceeding
Execution of foreign Execution of foreign -
290 commissions 325 commissions
291 Deposition of medical 326 Deposition of medical -
witness witness
Identification report of Identification report of -
291 327
Magistrate Magistrate
A
292 Evidence of officers of the 328 Evidence of officers of the -
Mint Mint
Reports of certain Reports of certain -
293 Government scientific 329 Government scientific
experts experts

25
 BNSS Vs CrPC Comparative Analysis

No formal proof of certain No formal proof of certain -

294 documents 330 documents
Affidavit in proof of conduct Affidavit in proof of -
295 of public servants 331 conduct of public
servants
Evidence of formal Evidence of formal -
296 character on affidavit 332 character on affidavit
Authorities before whom Authorities before whom -
297 affidavits may be sworn 333 affidavits may be sworn
Previous conviction or Previous conviction or -
298 acquittal how proved 334 acquittal how proved
-
299 Record of evidence in 335 Record of evidence in
absence of accused absence of accused
- Evidence of public New provision added
- 336 servants, experts, for seeking evidence
police officers in of successors in
certain cases officer of public
servants, police
officers, experts if they
are unable to appear
before court due to
retirement, transfer,
death etc.
Person once convicted or Person once convicted or -
300 acquitted not to be tried for 337 acquitted not to be tried
same offence for same offence
Appearance by Public Appearance by Public -
301 Prosecutors 338 Prosecutors
Permission to conduct Permission to conduct -
302 prosecution 339 prosecution
Right of person against Right of person against -
303 whom proceedings are 340 whom proceedings are
instituted to be defended instituted to be defended
Legal aid to accused at Legal aid to accused at -
304 State expense in certain 341 State expense in certain
cases cases
Procedure when Procedure when -
305 corporation or registered 342 corporation or registered
society is an accused society is an accused
306 Tender of pardon to 343 Tender of pardon to -
accomplice accomplice
Power to direct tender of Power to direct tender of -
307 pardon 344 pardon
-
26
 BNSS Vs CrPC Comparative Analysis

308 Trial of person not 345 Trial of person not

complying with conditions complying with conditions
of pardon of pardon
Power to postpone or Power to postpone or -
309 adjourn proceedings 346 adjourn proceedings
310 Local inspection 347 Local inspection -
Power to summon material Power to summon -
311 witness, or examine 348 material witness, or
person present examine person present
Power of Magistrate to Power of Magistrate to -
311 order person to give 349 order person to give
A specimen signatures or specimen signatures or
handwriting handwriting
Expenses of complainants Expenses of -
312 and witnesses 350 complainants and
witnesses
313 Power to examine the 351 Power to examine the -
accused accused
Oral arguments and Oral arguments and -
314 memorandum of 352 memorandum of
arguments arguments
Accused person to be Accused person to be -
315 competent witness 353 competent witness
No influence to be used to No influence to be used -
316 induce disclosure 354 to induce disclosure
Provision for inquiries and Provision for inquiries -
317 trial being held in the 355 and trial being held in the
absence of accused in absence of accused in
certain cases certain cases
--- Inquiry, trial or New provision added of
----- 356 judgment in absentia of trial in absentia of a
proclaimed offender person who is a
proclaimed offender
and there are no
prospects of arresting
him. His right shall be
waived and trial shall be
conducted as if he were
present.
Procedure where accused Procedure where -
318 does not understand 357 accused does not
proceedings understand proceedings
Power to proceed against Power to proceed against -
319 other persons appearing to 358 other persons appearing
be guilty of offence to be guilty of offence
27
 BNSS Vs CrPC Comparative Analysis

320 Compounding of offences 359 Compounding of offences -

321 Withdrawal from 360 Withdrawal from -
prosecution prosecution
Procedure in cases which Procedure in cases which -
322 Magistrate cannot dispose 361 Magistrate cannot
of dispose of
Procedure when, after Procedure when, after -
323 commencement of inquiry 362 commencement of
or trial, Magistrate finds inquiry or trial, Magistrate
case should be committed finds case should be
committed
Trial of persons previously Trial of persons -
324 convicted of offences 363 previously convicted of
against coinage, stamp- offences against coinage,
law or property stamp-law or property
Procedure when Procedure when -
325 Magistrate cannot pass 364 Magistrate cannot pass
sentence sufficiently sentence sufficiently
severe severe
Conviction or commitment Conviction or -
326 on evidence partly 365 commitment on evidence
recorded by one partly recorded by one
Magistrate and partly by Magistrate and partly by
another another
327 Court to be open 366 Court to be open -

Procedure in case of Procedure in case of -

328 accused being lunatic 367 accused being person
with mental illness
Procedure in case of Procedure in case of -
329 person of unsound mind 368 person with mental illness
tried before Court tried before Court
Release of person of Release of person with -
330 unsound mind pending 369 mental illness pending
investigation or trial investigation or trial
331 Resumption of inquiry or 370 Resumption of inquiry or -
trial trial
Procedure on accused Procedure on accused -
332 appearing before 371 appearing before
Magistrate or Court Magistrate or Court
When accused appears to When accused appears -
333 have been of sound mind 372 to have been of sound
mind
Judgment of acquittal on Judgment of acquittal on -
334 ground of unsoundness of 373 ground of mental illness
28
 BNSS Vs CrPC Comparative Analysis

mind
Person acquitted on such Person acquitted on such -
335 ground to be detained in 374 ground to be detained in
safe custody safe custody
Power of State Power of State -
336 Government to empower 375 Government to empower
officer-in-charge to officer-in-charge to
discharge discharge
Procedure where lunatic Procedure where -
337 prisoner is reported 376 prisoner with mental
capable of making his illness is reported
defence capable of making his
defence
Procedure where lunatic Procedure where person -
338 detained is declared fit to 377 with mental illness
be released detained is declared fit to
be released
Delivery of lunatic to care Delivery of person with -
339 of relative or friend 378 mental liabilities to care of
relative or friend
Procedure in cases Procedure in cases -
340 mentioned in section 195 379 mentioned in section 215
341 Appeal 380 Appeal -
342 Power to order costs 381 Power to order costs -
Procedure of Magistrate Procedure of Magistrate -
343 taking cognizance 382 taking cognizance
Summary procedure for Summary procedure for -
344 trial for giving false 383 trial for giving false
evidence evidence
Procedure in certain cases Procedure in certain -
345 of contempt 384 cases of contempt
Procedure where Court Procedure where Court -
346 considers that case should 385 considers that case
not be dealt with under should not be dealt with
section 345 under section 384
When Registrar or Sub- When Registrar or Sub- -
347 Registrar to be deemed a 386 Registrar to be deemed a
Civil Court Civil Court
Discharge of offender on Discharge of offender on -
348 submission of apology 387 submission of apology
Imprisonment or committal Imprisonment or -
349 of person refusing to 388 committal of person
answer or produce refusing to answer or
document produce document
-
29
 BNSS Vs CrPC Comparative Analysis

350 Summary procedure for 389 Summary procedure for

punishment for non- punishment for non-
attendance by a witness in attendance by a witness
obedience to summons in obedience to summons
Appeals from convictions Appeals from convictions -
351 under sections 344, 345, 390 under sections 383, 384,
349 and 350 388 and 389
Certain Judges and Certain Judges and -
352 Magistrates not to try 391 Magistrates not to try
certain offences when certain offences when
committed before committed before
themselves themselves
353 Judgment 392 Judgment -
Language and contents of Language and contents -
354 judgment 393 of judgment
Metropolitan Magistrate’s Deleted Metroplitan Court is
355 judgment — not defined in BNSS
and therefore this
provision is also
deleted.
Order for notifying address Order for notifying -
356 of previously convicted 394 address of previously
offender convicted offender
357 Order to pay compensation 395 Order to pay -
compensation
357A Victim compensation 396 Victim compensation -
scheme scheme
Compensation to be in Deleted This provision has
addition to fine under — been removed.
357B section 326A or section
376D of Indian Penal Code
357C Treatment of victims 397 Treatment of victims -
----- ------ 398 Witness protection New provision
scheme providing State
Governments to
prepare a scheme for
protection of
witnesses.
Compensation to persons Compensation to persons -
358 groundlessly arrested 399 groundlessly arrested
Order to pay costs in non- Order to pay costs in non- -
359 cognizable cases 400 cognizable cases
Order to release on Order to release on -
360 probation of good conduct 401 probation of good
or after admonition conduct or after
30
 BNSS Vs CrPC Comparative Analysis

admonition
Special reasons to be Special reasons to be -
361 recorded in certain cases 402 recorded in certain cases
362 Court not to alter judgment 403 Court not to alter -
judgment
Copy of judgment to be Copy of judgment to be -
363 given to the accused and 404 given to the accused and
other persons other persons
Judgment when to be Judgment when to be -
364 translated 405 translated
Court of Session to send Court of Session to send -
365 copy of finding and 406 copy of finding and
sentence to District sentence to District
Magistrate Magistrate
Sentence of death to be Sentence of death to be -
366 submitted by Court of 407 submitted by Court of
Session for confirmation Session for confirmation
Power to direct further Power to direct further -
367 inquiry to be made or 408 inquiry to be made or
additional evidence to be additional evidence to be
taken taken
Power of High Court to Power of High Court to -
368 confirm sentence or annul 409 confirm sentence or
conviction annul conviction
Confirmation or new Confirmation or new -
369 sentence to be signed by 410 sentence to be signed by
two Judges two Judges
-
370 Procedure in case of 411 Procedure in case of
difference of opinion difference of opinion
Procedure in cases Procedure in cases -
371 submitted to High Court for 412 submitted to High Court
confirmation for confirmation
No appeal to lie unless No appeal to lie unless -
372 otherwise provided 413 otherwise provided
Appeal from orders Appeal from orders -
373 requiring security or refusal 414 requiring security or
to accept or rejecting refusal to accept or
surety for keeping peace or rejecting surety for
good behaviour keeping peace or good
behaviour
374 Appeals from convictions 415 Appeals from convictions -
No appeal in certain cases No appeal in certain -
375 when accused pleads 416 cases when accused
guilty pleads guilty
31
 BNSS Vs CrPC Comparative Analysis

376 No appeal in petty cases 417 No appeal in petty cases -

Appeal by the State Appeal by the State -
377 Government against 418 Government against
sentence sentence
378 Appeal in case of acquittal 419 Appeal in case of -
acquittal
Appeal against conviction Appeal against conviction -
379 by High Court in certain 420 by High Court in certain
cases cases
Special right of appeal in Special right of appeal in -
380 certain cases 421 certain cases
Appeal to Court of Session Appeal to Court of -
381 how heard 422 Session how heard
382 Petition of appeal 423 Petition of appeal -
383 Procedure when appellant 424 Procedure when -
in jail appellant in jail
384 Summary dismissal of 425 Summary dismissal of -
appeal appeal
Procedure for hearing Procedure for hearing -
385 appeals not dismissed 426 appeals not dismissed
summarily summarily
386 Powers of the Appellate 427 Powers of the Appellate -
Court Court
Judgments of subordinate Judgments of -
387 Appellate Court 428 Subordinate Appellate
Court
Order of High Court on Order of High Court on -
388 appeal to be certified to 429 appeal to be certified to
lower Court lower Court
Suspension of sentence Suspension of sentence -
389 pending the appeal; 430 pending the appeal;
release of appellant on bail release of appellant on
bail
Arrest of accused in appeal Arrest of accused in -
390 from acquittal 431 appeal from acquittal
Appellate Court may take Appellate Court may take -
391 further evidence or direct it 432 further evidence or direct
to be taken it to be taken
Procedure where Judges Procedure where Judges -
392 of Court of Appeal are 433 of Court of Appeal are
equally divided equally divided
Finality of judgments and Finality of judgments and -
393 orders on appeal 434 orders on appeal
394 Abatement of appeals 435 Abatement of appeals -

32
 BNSS Vs CrPC Comparative Analysis

395 Reference to High Court 436 Reference to High Court -

Disposal of case according Disposal of case -
396 to decision of High Court 437 according to decision of
High Court
Calling for records to Calling for records to -
397 exercise powers of revision 438 exercise powers of
revision
398 Power to order inquiry 439 Power to order inquiry -
Sessions Judge’s powers Sessions Judge’s powers -
399 of revision 440 of revision
Power of Additional Power of Additional -
400 Sessions Judge 441 Sessions Judge
401 High Court’s powers of 442 High Court’s powers of -
revision revision
Power of High Court to Power of High Court to -
402 withdraw or transfer 443 withdraw or transfer
revision cases revision cases
403 Option of Court to hear 444 Option of Court to hear -
parties parties
Statement by Metropolitan Deleted This provision is
404 Magistrate of grounds of ----- removed.
his decision to be
considered by High Court
-
405 High Court’s order to be 445 High Court’s order to be
certified to lower Court certified to lower Court.
Power of Supreme Court to Power of Supreme Court -
406 transfer cases and appeals 446 to transfer cases and
appeals
Power of High Court to Power of High Court to -
407 transfer cases and appeals 447 transfer cases and
appeals
Power of Sessions Judge Power of Sessions Judge -
408 to transfer cases and 448 to transfer cases and
appeals appeals
Withdrawal of cases and Withdrawal of cases and -
409 appeals by Sessions 449 appeals by Session
Judges Judge
Withdrawal of cases by Withdrawal of cases by -
410 Judicial Magistrates 450 Judicial Magistrate
Making over or withdrawal Making over or -
411 of cases by Executive 451 withdrawal of cases by
Magistrates Executive Magistrates
412 Reasons to be recorded 452 Reasons to be recorded -

33
 BNSS Vs CrPC Comparative Analysis

Execution of order passed Execution of order -

413 under section 368 453 passed under section 409
Execution of sentence of Execution of sentence of -
414 death passed by High 454 death passed by High
Court Court
Postponement of Postponement of -
415 execution of sentence of 455 execution of sentence of
death in case of appeal to death in case of appeal to
Supreme Court Supreme Court
Postponement of capital Commutation of sentence -
416 sentence on pregnant 456 of death on pregnant
woman woman
Power to appoint place of Power to appoint place of -
417 imprisonment 457 imprisonment
Execution of sentence of Execution of sentence of -
418 imprisonment 458 imprisonment
Direction of warrant for Direction of warrant for -
419 execution 459 execution
Warrant with whom to be Warrant with whom to be -
420 lodged 460 lodged
421 Warrant for levy of fine 461 Warrant for levy of fine -
422 Effect of such warrant 462 Effect of such warrant -
Warrant for levy of fine Warrant for levy of fine -
423 issued by a Court in any 463 issued by a Court in any
territory to which this Code territory to which this
does not extend Sanhita does not extend
Suspension of execution of Suspension of execution -
424 sentence of imprisonment 464 of sentence of
imprisonment
425 Who may issue warrant 465 Who may issue warrant -
-
426 Sentence on escaped 466 Sentence on escaped
convict when to take effect convict when to take
effect
Sentence on offender Sentence on offender -
427 already sentenced for 467 already sentenced for
another offence another offence
Period of detention Period of detention -
428 undergone by the accused 468 undergone by the
to be set off against the accused to be set off
sentence of imprisonment against the sentence of
imprisonment
429 Saving 469 Saving -
Return of warrant on Return of warrant on -
430 470
34
 BNSS Vs CrPC Comparative Analysis

execution of sentence execution of sentence

Money ordered to be paid Money ordered to be paid -
431 recoverable as a fine 471 recoverable as a fine
--- Mercy Petition in death -
-- 472 sentence cases
432 Power to suspend or remit 473 Power to suspend or -
sentences remit sentences
433 Power to commute 474 Power to commute -
sentence sentence
Restriction on powers of Restriction on powers of -
433A remission or commutation 475 remission or
in certain cases commutation in certain
cases
Concurrent power of Concurrent power of -
434 Central Government in 476 Central Government in
case of death sentences case of death sentences
State Government to act State Government to act -
435 after consultation with 477 after concurrence with
Central Government in Central Government in
certain cases certain cases
436 In what cases bail to be 478 In what cases bail to be -
taken taken
Maximum period for which Maximum period for -
436A an under-trial prisoner can 479 which an under-trial
be detained prisoner can be detained
437 When bail may be taken in 480 When bail may be taken -
case of non-bailable in case of non-bailable
offence offence
-
437A Bail to require accused to 481 Bail to require accused to
appear before next appear before next
Appellate Court appellate Court
438 Direction for grant of bail to 482 Direction for grant of bail -
person apprehending to person apprehending
arrest arrest
439 Special powers of High 483 Special powers of High -
Court or Court of Session Court or Court of Session
regarding bail regarding bail
440 Amount of bond and 484 Amount of bond and -
reduction thereof reduction thereof
441 Bond of accused and 485 Bond of accused and -
sureties sureties
441A Declaration by sureties 486 Declaration by sureties -
442 Discharge from custody 487 Discharge from custody -

35
 BNSS Vs CrPC Comparative Analysis

Power to order sufficient Power to order sufficient -

443 bail when that first taken is 488 bail when that first taken
insufficient is insufficient
444 Discharge of sureties 489 Discharge of sureties -
445 Deposit instead of 490 Deposit instead of -
recognizance recognizance
446 Procedure when bond has 491 Procedure when bond -
been forfeited has been forfeited
446A Cancellation of bond and 492 Cancellation of bond and -
bail- bond bail bond
Procedure in case of Procedure in case of -
447 insolvency or death of 493 insolvency of death of
surety or when a bond is surety or when a bond is
forfeited forfeited
448 Bond required from minor 494 Bond required from minor -
449 Appeal from orders under 495 Appeal from orders under -
section 446 section 491
450 Power to direct levy of 496 Power to direct levy of -
amount due on certain amount due on certain
recognizances recognizances
Order for custody and Order for custody and -
451 disposal of property 497 disposal of property
pending trial in certain pending trial in certain
cases cases
452 Order for disposal of 498 Order for disposal of -
property at conclusion of property at conclusion of
trial trial
453 Payment to innocent 499 Payment to innocent -
purchaser of money found purchaser of money
on accused found on accused
454 Appeal against orders 500 Appeal against orders -
under section 452 or under section 500 or
section 453 section 501
455 Destruction of libellous and 501 Destruction of libellous -
other matter and other matter
456 Power to restore 502 Power to restore -
possession of immovable possession of immovable
property property
457 Procedure by police upon 503 Procedure by police upon -
seizure of property seizure of property
458 Procedure where no 504 Procedure where no -
claimant appears within six claimant appears within
months six months
459 Power to sell perishable 505 Power to sell perishable -
property property
36
 BNSS Vs CrPC Comparative Analysis

460 Irregularities which do not 506 Irregularities which do not -

vitiate proceedings vitiate proceedings
461 Irregularities which vitiate 507 Irregularities which vitiate -
proceedings proceedings
462 Proceedings in wrong 508 Proceedings in wrong -
place place
463 Non-compliance with 509 Non-compliance with -
provisions of section 164 or provisions of section 183
section 281 or section 316
464 Effect of omission to frame, 510 Effect of omission to -
or absence of, or error in, frame, or absence of, or
charge error in, charge
Finding or sentence when Finding or sentence when -
465 reversible by reason of 511 reversible by reason of
error, omission or error, omission or
irregularity irregularity
466 Defect or error not to make 512 Defect or error not to -
attachment unlawful make attachment
unlawful
467 Definitions 513 Definitions -
468 Bar to taking cognizance 514 Bar to taking cognizance -
after lapse of the period of after lapse of the period
limitation of limitation
469 Commencement of the 515 Commencement of the -
period of limitation period of limitation
470 Exclusion of time in certain 516 Exclusion of time in -
cases certain cases
471 Exclusion of date on which 517 Exclusion of date on -
Court is closed which Court is closed
472 Continuing offence 518 Continuing offence -
473 Extension of period of 519 Extension of period of -
limitation in certain cases limitation in certain cases
474 Trials before High Courts 520 Trials before High Courts -
Delivery to commanding Delivery to commanding -
475 officers of persons liable to 521 officers of persons liable
be tried by Court- martial to be tried by Court-
martial
476 Forms 522 Forms -
477 S. Power of High Court to 523 Power of High Court to -
make rules make rules
Power to alter functions Power to alter functions -
478 allotted to Executive 524 allocated to Executive
Magistrates in certain Magistrate in certain
cases cases

37
 BNSS Vs CrPC Comparative Analysis

Cases in which Judge or Case in which Judge or -

479 Magistrate is personally 525 Magistrate is personally
interested interested
480 Practicing pleader not to sit 526 Practicing advocate not -
as Magistrate in certain to sit as Magistrate in
Courts certain Courts
Public servant concerned Public servant concerned -
481 in sale not to purchase or 527 in sale not to purchase or
bid for property bid for property
482 Saving of inherent powers 528 S. 528 Saving of inherent -
of High Court powers of High Court
Duty of High Court to S. 329 Duty of High -
483 exercise continuous 529 Court to exercise
superintendence over continuous
Courts of Judicial superintendence over
Magistrates Courts
484 Repeal and savings 530 S. 530 Trial andThis is a new
proceedings to be held provision which
in electronic mode. specifies that all trials,
inquiries and
proceedings under
this Sanhita may be
held in electronic
mode by use of
electronic
communication or use
of audio-video
electronic means.
-- -- 531 S. 531 Repeal and CrPC is hereby
Savings repealed and
proceedings pending
before the BNSS
enforcement shall be
disposed of as per the
provisions of CrPC.

38