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