The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on 1 July 2024. Key pairs: FIR under Section 154 CrPC is now Section 173 BNSS, anticipatory bail under 438 is now 482, inherent powers under 482 are now 528, and maintenance under 125 is now 144. The tables below map the most used CrPC sections and list the main procedural changes.
The BNSS has 531 sections against 484 in the CrPC. Most of the Code was renumbered with limited change, but the BNSS adds several new mechanisms: Zero FIR and e-FIR, compulsory videography of search and seizure, forensic visits for serious offences, fixed timelines for charge and judgment, trial in absentia of proclaimed offenders, and electronic trials.
Which law applies to your case
Section 531(2) BNSS saves the old Code for proceedings already pending. Any appeal, application, trial, inquiry or investigation pending on 1 July 2024 continues under the CrPC. Proceedings that start on or after that date follow the BNSS, even if the offence was committed earlier under the IPC. In Parvinder Singh v. Directorate of Enforcement (2026), the Supreme Court held that merely numbering a complaint before 1 July 2024 was a ministerial act, not a pending “inquiry”, so the BNSS applied to cognizance taken afterwards.
Courts, arrest and appearance
| CrPC section | BNSS section | Provision | Note on change |
|---|---|---|---|
| 41, 41A | 35 | Arrest without warrant; notice of appearance before police | Merged; arrest of an infirm person or one above 60 for an offence punishable below 3 years needs permission of an officer not below DSP |
| 46 | 43 | Arrest how made | Handcuffing permitted for habitual and repeat offenders and specified grave offences |
| 50 | 47 | Person arrested to be informed of grounds and right to bail | |
| 50A | 48 | Duty to inform a nominated person about the arrest | |
| 53 | 51 | Medical examination of accused at request of police | |
| 53A | 52 | Medical examination of person accused of rape | |
| 54 | 53 | Medical examination of arrested person | |
| 56 | 57 | Person arrested to be taken before Magistrate or officer in charge | |
| 57 | 58 | Not to be detained more than 24 hours | |
| 60A | 62 | Arrest to be made strictly according to the Sanhita | |
| 61 | 63 | Form of summons | Summons may be issued in encrypted or other electronic form bearing the court’s seal |
| 62 | 64 | Summons how served | Electronic service permitted |
| 82 | 84 | Proclamation for person absconding | Proclaimed offender status extended to offences punishable with 10 years or more, life or death |
| None | 86 | Identification and attachment of property of a proclaimed person | New; includes requests for attachment outside India |
Search, seizure and preventive action
| CrPC section | BNSS section | Provision | Note on change |
|---|---|---|---|
| 91 | 94 | Summons to produce document or other thing | |
| 93 | 96 | When search warrant may be issued | |
| None | 105 | Recording of search and seizure through audio-video electronic means | New; preferably by mobile phone |
| 102 | 106 | Power of police officer to seize property | |
| None | 107 | Attachment, forfeiture or restoration of property (proceeds of crime) | New |
| 107 | 126 | Security for keeping the peace in other cases | |
| 109 | 128 | Security for good behaviour from suspected persons | |
| 110 | 129 | Security for good behaviour from habitual offenders | |
| 125 | 144 | Maintenance of wives, children and parents | |
| 144 | 163 | Urgent cases of nuisance or apprehended danger (prohibitory orders) | |
| 151 | 170 | Arrest to prevent commission of cognizable offences | |
| None | 172 | Persons bound to conform to lawful directions of police | New |
| 144A, 153 | No equivalent | Prohibition on carrying arms in procession; inspection of weights and measures | Omitted |
FIR and investigation
| CrPC section | BNSS section | Provision | Note on change |
|---|---|---|---|
| 154 | 173 | Information in cognizable cases (FIR) | Zero FIR and e-FIR recognised; free copy to informant; preliminary enquiry within 14 days for offences punishable with 3 to under 7 years |
| 155 | 174 | Information as to non-cognizable cases | Daily diary of such cases to be sent to the Magistrate fortnightly |
| 156 | 175 | Police officer’s power to investigate cognizable cases | Magistrate’s power to order investigation is now in 175(3) |
| 157 | 176 | Procedure for investigation | Forensic expert must visit the scene for offences punishable with 7 years or more; victim statement may be recorded by audio-video means |
| 160 | 179 | Police power to require attendance of witnesses | |
| 161 | 180 | Examination of witnesses by police | |
| 162 | 181 | Statements to police not to be signed; use in evidence | |
| 164 | 183 | Recording of confessions and statements by Magistrate | Recorded by Magistrate of the district where the information was registered; audio-video recording permitted |
| 164A | 184 | Medical examination of rape victim | Report to be forwarded within 7 days |
| 165 | 185 | Search by police officer | Search to be videographed; record sent to the nearest Magistrate within 48 hours |
| 167 | 187 | Procedure when investigation cannot be completed in 24 hours | Up to 15 days of police custody may be taken in parts during the first 40 or 60 days of detention |
| 173 | 193 | Report of police officer on completion of investigation (charge sheet) | Victim to be informed of progress within 90 days; further investigation during trial to finish within 90 days unless extended |
| 174 | 194 | Police to enquire and report on suicide and unnatural death (inquest) |
Cognizance, complaints and trial
| CrPC section | BNSS section | Provision | Note on change |
|---|---|---|---|
| 190 | 210 | Cognizance of offences by Magistrates | |
| 197 | 218 | Prosecution of Judges and public servants (sanction) | |
| 200 | 223 | Examination of complainant | Accused must be given an opportunity of being heard before cognizance is taken on a complaint |
| 202 | 225 | Postponement of issue of process | |
| 204 | 227 | Issue of process | |
| 209 | 232 | Commitment of case to Court of Session | |
| 227 | 250 | Discharge in sessions trial | Discharge application to be filed within 60 days of committal |
| 228 | 251 | Framing of charge in sessions trial | Charge to be framed within 60 days of first hearing on charge; accused may appear electronically |
| 235 | 258 | Judgment of acquittal or conviction in sessions trial | Judgment to be delivered within an outer limit of 45 days after arguments end |
| 260 | 283 | Power to try summarily | Summary trial made mandatory for specified petty offences such as small theft |
| 265A | 289 | Plea bargaining | Application to be filed within 30 days of framing of charge |
| None | 336 | Evidence of public servants, experts and police officers | New; a successor officer may depose on a document prepared by a transferred officer |
| 300 | 337 | Person once convicted or acquitted not to be tried for the same offence | |
| 309 | 346 | Power to postpone or adjourn proceedings | |
| 311 | 348 | Power to summon material witness or examine person present | |
| 313 | 351 | Power to examine the accused | |
| None | 356 | Inquiry, trial or judgment in absentia of proclaimed offender | New |
| 319 | 358 | Power to proceed against other persons appearing to be guilty | |
| 320 | 359 | Compounding of offences | |
| 321 | 360 | Withdrawal from prosecution |
Victims, sentence, appeal and revision
| CrPC section | BNSS section | Provision | Note on change |
|---|---|---|---|
| 357 | 395 | Order to pay compensation | |
| 357A, 357B | 396 | Victim compensation scheme | Merged into one section |
| 357C | 397 | Treatment of victims | |
| None | 398 | Witness protection scheme | New; every State must prepare and notify a scheme |
| 360 | 401 | Release on probation of good conduct or after admonition | |
| 372 | 413 | No appeal except as provided; victim’s right of appeal | |
| 374 | 415 | Appeals from convictions | |
| 378 | 419 | Appeal in case of acquittal | |
| 389 | 430 | Suspension of sentence pending appeal; release on bail | |
| 397 | 438 | Calling for records to exercise powers of revision | |
| 401 | 442 | High Court’s powers of revision | |
| 406 | 446 | Power of Supreme Court to transfer cases | |
| 407 | 447 | Power of High Court to transfer cases | |
| None | 472 | Mercy petition in death sentence cases | New; fixes time limits for filing mercy petitions |
| 432 | 473 | Power to suspend or remit sentences | |
| 433 | 474 | Power to commute sentence |
Bail, property and miscellaneous
| CrPC section | BNSS section | Provision | Note on change |
|---|---|---|---|
| 436 | 478 | Bail in bailable offences | |
| 436A | 479 | Maximum period of detention of undertrial prisoner | First-time offender to be released on bond after one-third of the maximum sentence; not available to those facing multiple cases |
| 437 | 480 | Bail in non-bailable offences | |
| 437A | 481 | Bail to require accused to appear before next appellate court | |
| 438 | 482 | Anticipatory bail | |
| 439 | 483 | Special powers of High Court or Court of Session regarding bail | |
| 451 | 497 | Order for custody and disposal of property pending trial | |
| 468 | 514 | Bar to taking cognizance after lapse of limitation | |
| 473 | 519 | Extension of period of limitation | |
| 482 | 528 | Saving of inherent powers of High Court | |
| None | 530 | Trial and proceedings in electronic mode | New |
| 484 | 531 | Repeal and savings |
Main new features of the BNSS
- Zero FIR (Section 173(1)): information about a cognizable offence can be given at any police station, whatever the place of the offence. The station registers it and transfers it to the police station with jurisdiction.
- e-FIR (Section 173(1)): information may be given by electronic communication. It is taken on record once the informant signs it within three days.
- Free copy of FIR (Section 173(2)): the informant or victim must get a copy at once, free of cost.
- Preliminary enquiry (Section 173(3)): for offences punishable with 3 years or more but under 7 years, the officer may, with permission of a DSP or higher officer, hold a preliminary enquiry within 14 days to see if a prima facie case exists.
- Videography of search and seizure (Sections 105 and 185): the process, including the preparation of the seizure list, must be recorded by audio-video means, preferably on a mobile phone.
- Forensics (Section 176(3)): for offences punishable with 7 years or more, a forensic expert must visit the crime scene and the process must be videographed.
- Police custody in parts (Section 187): the 15 days of police custody can be sought at any time during the first 40 days of detention (offences with a 60-day investigation limit) or the first 60 days (offences with a 90-day limit, that is, those punishable with death, life or 10 years or more).
- Timelines: discharge application within 60 days of committal (250), charge within 60 days of first hearing (251), judgment within an outer limit of 45 days after arguments (258), plea bargaining application within 30 days of charge (289), victim to be told of progress within 90 days (193).
- Trial in absentia (Section 356): a proclaimed offender who absconds to evade trial, with no immediate prospect of arrest, can be tried and convicted in absence. Trial can start only after 90 days from framing of charge, and no appeal lies unless the offender appears before the appellate court.
- Hearing before cognizance (Section 223): on a private complaint, the Magistrate must hear the accused before taking cognizance.
- Electronic proceedings (Section 530): trials, inquiries, summons, evidence recording and appearance of accused may be held electronically.
- Undertrial release (Section 479): a first-time offender gets bail on completing one-third of the maximum sentence.
- Proceeds of crime (Section 107): police can, with SP or Commissioner’s approval, seek a Magistrate’s order to attach property derived from crime.
Important case law to read with the BNSS
Lalita Kumari v. Government of U.P. (2013): registration of an FIR is mandatory when information discloses a cognizable offence, with preliminary enquiry allowed only in limited categories. Section 173(3) BNSS now gives a statutory preliminary enquiry for the 3 to 7 year band.
Arnesh Kumar v. State of Bihar (2014): police must not arrest mechanically in offences punishable up to 7 years and must follow the notice of appearance route. That safeguard, earlier in Section 41A CrPC, is now inside Section 35 BNSS.
Parvinder Singh v. Directorate of Enforcement (2026): the Supreme Court held the proviso to Section 223(1) BNSS mandatory. Cognizance taken on a complaint without first hearing the accused is void, and the accused need not show prejudice.
Common confusions
482 CrPC and 482 BNSS are different. Inherent powers of the High Court (old 482) are now Section 528. Section 482 BNSS is anticipatory bail (old 438). Petitions are now titled “application under Section 528 BNSS”.
144 CrPC and 144 BNSS are different. Prohibitory orders (old 144) are now Section 163. Section 144 BNSS is maintenance (old 125).
173 CrPC and 173 BNSS are different. The charge sheet (old 173) is now Section 193. Section 173 BNSS is the FIR provision (old 154).
Exam angle
- The BNSS has 531 sections. Know the commencement date of 1 July 2024 and the savings clause in Section 531.
- Learn the bail block: 478 (bailable), 479 (undertrial), 480 (non-bailable), 482 (anticipatory), 483 (special powers).
- Timelines are favourite MCQs: 3 days for signing e-FIR, 14 days for preliminary enquiry, 48 hours to send search record, 7 days for medical report of rape victim, 60, 45 and 30 day trial limits.
- Trial in absentia applies only to proclaimed offenders, and proclaimed offender status now covers offences punishable with 10 years or more.
- Videography: search (185), seizure (105) and forensic scene visit (176(3)).
Frequently asked questions
What is Section 154 CrPC in BNSS?
Section 173 BNSS. It now also recognises Zero FIR, e-FIR and a preliminary enquiry for offences punishable with 3 to under 7 years.
What is the new section for anticipatory bail?
Section 482 BNSS, which replaces Section 438 CrPC.
Where is Section 482 CrPC (quashing) now?
Section 528 BNSS saves the inherent powers of the High Court, including quashing of FIRs and proceedings.
What is Section 125 CrPC maintenance in BNSS?
Section 144 BNSS covers maintenance of wives, children and parents.
Can an FIR be filed online under BNSS?
Yes. Section 173(1) allows information by electronic communication, which is taken on record when the informant signs it within three days.
Does CrPC still apply to old cases?
Yes. Under Section 531(2) BNSS, investigations, inquiries, trials, appeals and applications pending on 1 July 2024 continue under the CrPC.
Preparing for AIBE, judiciary and CLAT PG? The new criminal laws are tested heavily. Lexfolio mock tests and notes explain every answer, with old and new section numbers side by side.
Free All India CLAT Open Mock, 15 November | Free CLAT PG mock | All notes and tests
Quick quiz
Q1. Anticipatory bail under Section 438 CrPC is now found in:
- Section 480 BNSS
- Section 483 BNSS
- Section 482 BNSS
- Section 528 BNSS
Show answer
Answer: C. Section 482 BNSS deals with anticipatory bail. Section 528 is the old 482 CrPC on inherent powers.
Q2. Within how many days must an informant sign information given electronically under Section 173(1) BNSS?
- Three days
- Seven days
- Fourteen days
- Twenty-four hours
Show answer
Answer: A. An e-FIR is taken on record once signed by the informant within three days.
Q3. A preliminary enquiry under Section 173(3) BNSS may be held for offences punishable with:
- Less than 3 years
- 7 years or more
- Death or life imprisonment
- 3 years or more but less than 7 years
Show answer
Answer: D. The enquiry is for the 3 to under 7 year band, needs DSP level permission, and must finish within 14 days.
Q4. Prohibitory orders formerly issued under Section 144 CrPC now fall under:
- Section 144 BNSS
- Section 163 BNSS
- Section 152 BNSS
- Section 170 BNSS
Show answer
Answer: B. Section 163 BNSS. Section 144 BNSS is now maintenance (old 125 CrPC).
Q5. Trial in absentia under Section 356 BNSS can begin only after how many days from framing of charge?
- 30 days
- 60 days
- 90 days
- 120 days
Show answer
Answer: C. The court must wait 90 days from framing of charge before starting a trial in absentia of a proclaimed offender.
Sources
- The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Gazette of India
- Ministry of Home Affairs and PIB material on the new criminal laws: BNSS to CrPC comparison and key changes
- Parvinder Singh v. Directorate of Enforcement (Supreme Court, 2026)
- Lalita Kumari v. Government of U.P. (2013); Arnesh Kumar v. State of Bihar (2014), Supreme Court of India
This page is for education and general information, not legal advice for a specific case.
Get one free MCQ every morning on Telegram
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
As an Amazon Associate, Lexfolio earns from qualifying purchases. Prices and availability are shown on Amazon.

Leave a Reply