Criminal Procedure: Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
CrPC to BNSS: the Section Conversion Table, the Chapter Map, and the Pitfalls of Converting a Citation
This is a reference note. Its purpose is to let a reader move between the two numberings quickly and safely, and it carries no case boxes, because a conversion table is a table and nothing is gained by dressing it as an argument.
One warning before the table. There is no constant offset. The gap between the two numberings widens as the codes proceed — about 19 sections at the start of the investigation chapter, about 46 by the inherent-power provision — because the Sanhita adds sections in some chapters and drops them in others. No arithmetic converts one number into the other.
1. The Chapter Map
Figure 1: Chapter for chapter
2. The Conversion Table
2.1 Preliminary, courts and powers
Subject | CrPC | BNSS |
|---|---|---|
Definitions | 2 | 2 |
Classes of Criminal Courts | 6 | 6 |
Courts of Session | 9 | 8 |
Courts of Judicial Magistrates | 11 | 9 |
Chief Judicial Magistrate | 12 | 10 |
Public Prosecutors | 24 | 18 |
Sentences which Magistrates may pass | 29 | 23 |
2.2 Arrest, processes, summons and warrants
Subject | CrPC | BNSS |
|---|---|---|
When police may arrest without warrant | 41 | 35 |
Notice of appearance before police officer | 41A | 35(3) |
Person arrested to be informed of grounds and right to bail | 50 | 47 |
Person arrested not to be detained more than twenty-four hours | 57 | 58 |
Summons, form and service | 61 to 69 | 63 to 71 |
Warrant of arrest | 70 | 72 |
Proclamation for person absconding | 82 | 84 |
Attachment of property of person absconding | 83 | 85 |
Attachment, forfeiture or restoration of property — new | — | 107 |
2.3 Information to the police and investigation
Subject | CrPC | BNSS |
|---|---|---|
Information in cognizable cases — the FIR | 154 | 173 |
Information in non-cognizable cases | 155 | 174 |
Police officer’s power to investigate | 156 | 175 |
Procedure for investigation; forensic visit — new | 157 | 176 |
Examination of witnesses by police | 161 | 180 |
Statements to police not to be signed | 162 | 181 |
Recording of confessions and statements | 164 | 183 |
Medical examination of the victim of rape | 164A | 184 |
Search by police officer; audio-video recording — new | 165 | 185 |
Procedure when investigation cannot be completed in 24 hours | 167 | 187 |
Report of police officer on completion of investigation | 173 | 193 |
Police to enquire and report on suicide, etc. | 174 | 194 |
2.4 Jurisdiction, cognizance and commencement
Subject | CrPC | BNSS |
|---|---|---|
Ordinary place of inquiry and trial | 177 | 197 |
Cognizance of offences by Magistrates | 190 | 210 |
Prosecution for offences against the State | 196 | 215 |
Prosecution of Judges and public servants — sanction | 197 | 218 |
Examination of complainant | 200 | 223 |
Dismissal of complaint | 203 | 226 |
Issue of process | 204 | 227 |
Supply of copies to the accused | 207 | 230 |
Commitment of case to Court of Session | 209 | 232 |
2.5 The charge and the trials
Subject | CrPC | BNSS |
|---|---|---|
Contents of charge | 211 | 234 |
Alteration of charge | 216 | 239 |
Separate charges for distinct offences | 218 | 243 |
Trial before a Court of Session — opening | 226 | 248 |
Discharge | 227 | 250 |
Framing of charge | 228 | 251 |
Judgment of acquittal or conviction | 235 | 258 |
Warrant cases — police report | 238 to 243 | 261 to 266 |
Summons cases | 251 to 259 | 274 to 282 |
Summary trials | 260 to 265 | 283 to 288 |
Plea bargaining | 265A to 265L | 289 to 300 |
2.6 Evidence, general provisions and judgment
Subject | CrPC | BNSS |
|---|---|---|
Evidence for prosecution | 242 | 266 |
Record of evidence | 274 to 278 | 310 to 314 |
Remarks respecting demeanour of witness | 280 | 315 |
Record of examination of accused | 281 | 316 |
Double jeopardy | 300 | 337 |
Tender of pardon to accomplice | 306 | 343 |
Compounding of offences | 320 | 359 |
Withdrawal from prosecution | 321 | 360 |
Power to examine the accused | 313 | 351 |
Accused person to be competent witness | 315 | 353 |
Power to proceed against other persons | 319 | 358 |
Trial in absentia of proclaimed offender — new | — | 356 |
Court to be open | 327 | 366 |
Judgment | 353 | 392 |
Witness protection scheme — new | — | 398 |
Court not to alter judgment | 362 | 403 |
2.7 Appeals, revision, execution and bail
Subject | CrPC | BNSS |
|---|---|---|
Confirmation of death sentence | 366 | 407 |
No appeal unless otherwise provided; victim’s appeal | 372 | 413 |
Appeals from convictions | 374 | 415 |
Appeal in case of acquittal | 378 | 419 |
Powers of the Appellate Court | 386 | 427 |
Suspension of sentence pending appeal; bail | 389 | 430 |
Reference to High Court | 395 | 436 |
Calling for records — revision | 397 | 438 |
High Court’s powers of revision | 401 | 442 |
Transfer by Supreme Court | 406 | 446 |
Mercy petition — new | — | 472 |
Power to suspend or remit sentences | 432 | 473 |
Power to commute sentence | 433 | 474 |
Restriction on remission or commutation | 433A | 475 |
Bail in bailable offences | 436 | 478 |
Maximum period of undertrial detention | 436A | 479 |
Bail in non-bailable offences | 437 | 480 |
Anticipatory bail | 438 | 482 |
Special powers of High Court and Court of Session | 439 | 483 |
Inherent powers of the High Court | 482 | 528 |
Proceedings in electronic mode — new | — | 530 |
Repeal and savings | 484 | 531 |
3. Pitfalls
Figure 2: Using a conversion table safely
⚠ The four traps There is no constant offset. Section 154 CrPC is section 173 BNSS — a gap of 19. Section 482 CrPC is section 528 BNSS — a gap of 46. The gap widens as the codes proceed. Some numbers have swapped meaning. Section 482 CrPC is the inherent power; section 482 BNSS is anticipatory bail. Section 438 CrPC is anticipatory bail; section 438 BNSS is calling for records in revision. A citation given by number alone, without the code, is now ambiguous and often wrong. A few provisions have no counterpart. The Sanhita dropped the provisions on Metropolitan Magistrates and added sections which exist nowhere in the Code — sections 107, 356, 398, 472 and 530. And the text may have changed with the number. Section 479 BNSS corresponds to section 436A CrPC but adds a one-third rule and a multiple-cases bar; section 474 restates the commutation ladder as minimums where the Code fixed a maximum. Always read the new text. |
The safe practice is to cite both: “section 528 of the BNSS, 2023, corresponding to section 482 of the Code of Criminal Procedure, 1973”. For some years a court may be hearing matters under both codes, and a citation which does not say which is being used wastes the court’s time and risks a wrong answer.
4. Key Takeaways
The position stated shortly 1. The BNSS runs ahead of the CrPC by a widening margin — roughly 10 sections at the start, about 19 at the FIR provision, about 46 at the inherent-power provision, and 47 at the end. 2. No arithmetic converts one number into the other. A conversion must be looked up, never calculated. 3. The FIR provision moves from section 154 to section 173. 4. Remand moves from section 167 to section 187; the police report from section 173 to section 193. 5. Anticipatory bail moves from section 438 to section 482 — and section 482, which was the inherent power, is now anticipatory bail. The inherent power is section 528. 6. Bail in non-bailable offences moves from 437 to 480; the special powers from 439 to 483; undertrial detention from 436A to 479. 7. Compounding moves from 320 to 359; withdrawal from 321 to 360; examination of the accused from 313 to 351. 8. Five provisions have no counterpart in the Code: sections 107, 356, 398, 472 and 530. 9. And some provisions changed with the number — sections 187, 218, 223, 474 and 479 among them. Always read the new text. 10. The safe practice is to cite both codes, since a court may be hearing matters under each. |
5. Frequently Asked Questions
Is there a formula for converting a CrPC section number?
No. The gap between the two numberings widens as the codes proceed, because the Sanhita adds sections in some chapters and drops them in others. A conversion must be looked up, never calculated.
Which is the inherent power provision now?
Section 528 of the BNSS. Section 482, which was the inherent power under the CrPC, is now anticipatory bail — which makes a citation by number alone, without naming the code, ambiguous and often wrong.
What is the FIR provision under the BNSS?
Section 173, corresponding to section 154 of the Code. It now expressly permits information to be given by electronic communication and covers the zero FIR.
Which provisions have no counterpart in the CrPC?
Section 107 (attachment, forfeiture or restoration of property derived from criminal activity), section 356 (trial in absentia of a proclaimed offender), section 398 (witness protection scheme), section 472 (mercy petition) and section 530 (proceedings in electronic mode).
Is a corresponding section always identical?
No. Section 479 corresponds to section 436A but adds a one-third rule and a multiple-cases bar; section 474 restates the commutation ladder as minimums where the Code fixed a maximum. The new text must always be read.
How should a provision be cited now?
By naming both — for example, section 528 of the BNSS, 2023, corresponding to section 482 of the Code of Criminal Procedure, 1973. For some years courts will be hearing matters under both codes.
Related Topics
- The BNSS and the CrPC: a Comparative Study
- Repeal and Savings: Section 531, BNSS
- Major Changes Introduced by the BNSS, 2023
- The Electronic FIR and the Zero FIR: Section 173, BNSS
- Inherent Powers of the High Court: Section 528, BNSS
- Anticipatory Bail: Section 482, BNSS