BNSS vs CrPC — Bharatiya Nagarik Suraksha Sanhita 2023 Compared to CrPC 1973
The Bharatiya Nagarik Suraksha Sanhita 2023 replaced the Code of Criminal Procedure 1973 on 1 July 2024. This comparison covers the key procedural shifts, the doctrinal continuities, and the new provisions that did not exist in the CrPC.
| Topic | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Effective Date | In force since 1 April 1974 | Came into force 1 July 2024 |
| Total Sections | 484 sections | 531 sections |
| Notice for Appearance (no arrest) | Section 41A — notice to appear before police | Section 35 — substantially same; failure to comply now common ground for PP opposition |
| Anticipatory Bail | Section 438 — pre-arrest bail | Section 482 — same framework; Sushila Aggarwal Constitution Bench continues to guide |
| Regular Bail | Section 437 (Magistrate) / 439 (Sessions, HC) | Section 480 (Magistrate) / 483 (Sessions, HC) |
| Inherent Power of High Court | Section 482 — to prevent abuse, secure ends of justice | Section 528 — language identical; Bhajan Lal categories continue |
| Default Bail (90/60-day) | Section 167(2) proviso | Section 187(3) — same right; period unchanged |
| Trial by Magistrate (summary) | Section 260–265 | Section 283–288 — substantively same |
| Charge Framing (Sessions) | Section 228 / 240 | Section 250 / 261 |
| Plea Bargaining | Chapter XXI-A (S.265A–265L) | Chapter XXIII (S.289–300) — same 7-year ceiling, same exclusions |
| Maintenance to Wife / Children | Section 125 | Section 144 — same procedure, Family Court route unchanged |
| Police Investigation Time-limit | No statutory cap | Section 193(8) — 90-day cap for offences punishable up to 10 years |
| Electronic Mode of Trial | Permitted by court discretion | Section 530 — explicit recognition of electronic mode for all stages |
| Forensic Investigation | Discretionary | Section 176(3) — mandatory for offences punishable 7+ years |
| Trial in Absentia | Not permitted (except limited Section 299) | Section 356 — declaration of proclaimed offender + trial may proceed |
Frequently Asked Questions
When did the BNSS replace the CrPC?
The Bharatiya Nagarik Suraksha Sanhita 2023 came into force on 1 July 2024, simultaneously repealing the Code of Criminal Procedure 1973. Cases registered before 1 July 2024 continue under CrPC procedure; cases registered on or after that date follow BNSS procedure.
Is Section 482 BNSS the same as Section 438 CrPC?
Yes, in substance. Section 482 BNSS is the successor to Section 438 CrPC (anticipatory bail) and carries forward the same framework. The Constitution Bench in Gurbaksh Singh Sibbia v. State of Punjab (1980) and Sushila Aggarwal v. State (NCT of Delhi) (2020) continue to guide judicial application.
What is the new Section 187(3) BNSS default bail rule?
Section 187(3) BNSS preserves the default bail right that was in Section 167(2) CrPC. If the investigation is not completed and the charge-sheet is not filed within 60 days (offences punishable up to 10 years) or 90 days (offences punishable with death/life/10+ years), the accused becomes entitled to bail as of right.
Does the BNSS introduce trial in absentia?
Yes — Section 356 BNSS permits trial in absentia for proclaimed offenders who have absconded after the issue of warrants and where the court is satisfied of due service. This is a significant departure from the CrPC, which generally required the accused to be present.
Are forensic investigations now mandatory?
Under Section 176(3) BNSS, forensic investigation is mandatory for offences punishable with imprisonment of seven years or more. This contrasts with the CrPC, which left the use of forensic teams to police discretion.
For litigation requiring command of the CrPC-to-BNSS transition — particularly bail, anticipatory bail and quashing under Section 528 BNSS — contact Unified Chambers and Associates at legal@unifiedchambers.com or +91 84008 60008.