CONTENTS PAGE
showing sections of Code of Criminal Procedure,
I-7
showing sections of Bharatiya Nagarik Suraksha Sanhita, 2023
of
of
Procedure, 1973 I-45
showing new sections of Bharatiya Nagarik Suraksha Sanhita,
I-83 Table showing sections of Code of Criminal Procedure, 1973 repealed by Bharatiya Nagarik Suraksha Sanhita, 2023 I-85 Section Key to Bharatiya Nagarik Suraksha Sanhita, 2023 I-87 AlphabeticalkeytoComparativeStudyofBharatiyaNagarik SurakshaSanhita,2023(BNSS)&CodeofCriminalProcedure, 1973(Cr.PC.) I-115 ComparativeStudyofBharatiyaNagarikSurakshaSanhita, 2023(BNSS)&CodeofCriminalProcedure,1973(Cr.PC.) I-131 Arrangement of sections 1 Text of Bharatiya Nagarik Suraksha Sanhita, 2023 25 Statement of Objects and Reasons 381 Notes on Clauses 383 247th Report on Bharatiya Nagarik Suraksha Sanhita, 2023Parliamentary Standing Committee on Home AffairsObservations/Recommendations - At a glance 453 Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023 465 Appendix : Provisions of other Acts Referred to in Bharatiya Nagarik Suraksha Sanhita, 2023 467 Subject Index 481 I-5
Table
1973 and corresponding sections of Bharatiya Nagarik Suraksha Sanhita, 2023
Table
and corresponding sections
Code
Criminal
Table
2023
-
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS) & CODE OF CRIMINAL PROCEDURE, 1973 (Cr.PC.) SubjectSections ofCr.PC Sections ofBNSS ADJOURNMENT
limits on 309346(2) ANTICIPATORY BAIL 438482 APPEALS
appeal in petty cases 376417
6.1
-
No
No appeal provision
by State Government against sentence 377418
Central Act Appeal in case of acquittal 378419
Central Act APPEARANCE, PROCESS TO COMPEL APPEARANCE - OTHER RULES REGARDING PROCESSES Procedure as to letters 9295
Telegraph authority Recording of search and seizure through audiovideo electronic means 105 (New)
Recording of search & seizure by mobile phone I-115
Appeal
-
-
-
-
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-116 SubjectSections ofCr.PC Sections ofBNSS Attachment, forfeiture or restoration of property - Attachment, forfeiture, etc. 107 (New) APPEARANCE, PROCESS TO COMPEL APPEARANCE - PROCLAMATION AND ATTACHMENT Identification and attachment of property of proclaimed person 86 (New) - Attachment of property APPEARANCE, PROCESSES TO COMPEL APPEARANCE - SUMMONS Form of summons 6163 - Electronic summons Summons how served 6264 - Summons by electronic communication - Record keeping Service of summons on corporate bodies, firms and societies 6365 - Service of summons to firm, or association of individuals other than company or corporation Proof of service in such cases and when serving officer not present 6870 - Summons by electronic communication Service of summons on witness 6971 - Summons by electronic communication APPEARANCE, PROCESS TO COMPEL APPEARANCE - WARRANT OF ARREST Procedure on arrest of person against whom warrant issue 8082 - Information regarding arrest ARREST OF PERSONS When may police arrest without a warrant 41 & 41A35 - Infirm/Old age person Procedure of arrest and duties of officer making the arrest 41B36 - Information of arrest Designated Police Officer 41C37 - Information display
- Time limit of handing over arrestee (subjected to private arrest) to police
-
by police
I-117 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 SubjectSections ofCr.PC Sections ofBNSS Arrest on refusal to give name and residence 4239
Bond/Bail
-
Bond
4340
Arrest by private person and procedure on such arrest
Re-arrest
how
4643
Hand cuffing Obligation of person making arrest to inform about arrest, etc., to relative or friend 50A48 - Information as to arrest Power to seize offensive weapons 5250 - Seizure of weapons Examination of accused by medical practitioner at request of Police Officer 5351 - Registered medical practitioner - Request for examination Examination of person accused of rape by medical practitioner 53A52 - Registered Medical Practitioner Examination of arrested person by medical officer 5453 - Medical examination Identity parade (identification of person arrested) 54A54 - Identification process Person arrested not to be detained more than twentyfour hours 5758 - Magistrate having jurisdiction or not ATTACHMENT, FORFEITURE OF PROPERTY - Procedure for— 107 (New) AUDIO VIDEO ELECTRONIC MEANS - definition of— 2(1)(a) (New) BAIL - definition of— 2(1)(b) (New) BAIL BOND - definition of— 2(1)(d) (New)
Arrest
made
-
-
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-118 SubjectSections ofCr.PC Sections ofBNSS BAILS AND BONDS, PROVISIONS AS TO Maximum period for which undertrial prisoner can be detained 436A479
Undertrial prisoner When bail can be taken in case of non-bailable offence 437480
In case of a child/woman/sick or infirm - Refusal for bail Anticipatory bail (direction for grant of bail to person apprehending arrest) 438482 - Anticipatory bail BOND - definition of— 2(1)(e) (New) CHARGES - JOINDER OF CHARGES Offences of same kind within year may be charged together 219242 - Number of offences COURT OF SESSION, TRIAL BEFORE A Opening case for prosecution 226249 - Any other law for the time being in force Discharge 227250 - Time-limit for making application for discharge Framing of charge 228251 - Time-limit for framing of charges - Accused presence in Court electronically Evidence for prosecution 231254 - Recording of witness, etc., by audio video electronic means Judgment of acquittal or conviction 235258 - Time-bound disposal of case by conviction or acquittal Procedure in cases instituted under sub-section (2) of section 222 237260 - Quantum of compensation COURTS, POWERS OF Sentences which high courts and sessions judges may pass 2822
Assistant Sessions Judge
-
-
-
-
-
-
I-119 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 SubjectSections ofCr.PC Sections ofBNSS Sentences which Magistrates may pass 2923 - Monetary limits on fines - Metropolitan Area/Metropolitan Magistrate - Community Service Sentence in cases of conviction of several offences at one trial 3125 - Concurrent imprisonment - Maximum punishment CRIMINAL CASES, TRANSFER OF Power of Supreme Court to transfer cases and appeals 406446 - Compensation Power of High Court to transfer cases and appeals 407447 - Compensation Power of Sessions Judge to transfer cases and appeals 408448 - Monetary limit CRIMINAL COURTS AND OFFICES, CONSTITUTION OF Metropolitan Area/Metropolitan Magistrate 66 - Concept abolished Special Executive Magistrates 2115 - Police Officer Public Prosecutors 2418 - Public prosecutors for National Territory of Delhi Region - Special Public Prosecutor Assistant Public Prosecutors 2519 - Notice to State Government Directorate of Prosecution 25A20
District Directorate of Prosecution
Eligible criteria of appointment of Director/Deputy Director of Prosecution
Assistant Directors of Prosecution
Roles and responsibilities of Director/Deputy Director/Assistant Director of
Prosecution
SubjectSections
CRIMINAL COURTS IN INQUIRIES AND TRIALS, JURISDICTION OF THE
Offences committed by means of electronic communications, letters, etc.
- Electronic communication
182202
Offence committed outside India 188208
- Offence committed outside India
Receipt of evidence relating to offences committed outside India
- Evidence in electronic form
189209
Sentence of death to be submitted by Court of Session for confirmation 366407
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-120
ofBNSS
ofCr.PC Sections
DEATH SENTENCES, SUBMISSION OF, FOR CONFIRMATION
DEFINITIONS Change in definitions 2(h)2(1)(l) - Investigation - Words and phrases used in the legislation but not defined 2(y) 2(2) (New) New Definitions - Audio-video electronic means— 2(1)(a) (New) - Bail— 2(1)(b) (New) - Bail Bond— 2(1)(d) (New) - Bond— 2(1)(e) (New) - Electronic communication— 2(1)(i) (New)
- Time limit for submission of death sentence proceedings to High Court by Court of Sessions Procedure in cases submitted to High Court for confirmation 371412 - Electronic means
- District Directorate of prosecution
- Eligible criteria of appointment of Director/Deputy Director of Prosecution
- Assistant Director of Prosecution
- Role and Responsibility of
-
-
I-121 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973
ofCr.PC Sections ofBNSS DIRECTORATE OF PROSECUTION 25A20
SubjectSections
ELECTRONIC COMMUNICATION
Definition
2(1
ELECTRONIC MODE, TRIAL AND PROCEEDINGS TO BE HELD IN Trial to be held in electronic mode 530 (New)
Trial, inquiries and proceedings in electronic mode FORENSIC FACILITY
Procedure for investigation— 176(3)
CUFFING
When can be done4643
AND TRIAL, EVIDENCE IN - COMMISSION FOR THE EXAMINATION OF WITNESS
formal proof of certain documents 294330
Time-limit for acceptance or denial of genuineness of document
Expert Evidence of Public Servants, experts, Public Officers in certain cases 336 (New)
Successor officer/expert INQUIRIES AND TRIALS, EVIDENCE IN - MODE OF TAKING AND RECORDING EVIDENCE Evidence to be taken in presence of accused 273308 - Audio-video electronic means Record in summons-cases and inquiries 274309 - Rape cases
of examination of accused 316281
of—
)(i) (New)
-
-
(New) HAND
-
INQUIRIES
No
-
-
-
Record
Time limit for taking signature of accused examined by electronic communication
SubjectSections
INQUIRIES AND TRIALS, GENERAL PROVISIONS AS TO
Power to postpone or adjourn proceedings
- Limits on adjournments
Power of Magistrate to order person to give specimen signatures or handwriting, etc.
- Magistrate’s power to order any person to give specimen signature, etc.
Provision for inquiries and trial being held in absence of accused in certain cases
- Personal attendance of accused through audio video electronics means
309346
311A349
317355
Inquiry, trial or judgment in absentia of proclaimed offender 356 (New)
Withdrawal from prosecution 321360
- Central Act
- Opportunity of hearing Court to be open 327366
- In camera trial provision extended to offences under Protection of Children from Sexual Offences Act also JUDGMENT
Judgment
- Time limit for pronouncing judgment by Court
- Time-limit for loading copy of Court’s judgment on its portal
- Accused in custody to hear judgment by audio video electronic means
353392
Treatment of victims 357C397
- Duty of hospitals to provide immediately, the firstaid or medical treatment, free of cost to victims of offences under Protection of Children from Sexual Offences Act, 2012
Witness Protection Scheme 398 (New)
- Protection of witness
Copy of judgment to be given to accused and other persons
- Copy of Judgment to Government
363404
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-122
ofCr.PC Sections ofBNSS
-
MAGISTRATES,
-
-
-
-
-
-
- Copy to Court of Sessions
MAGISTRATE,
I-123 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 SubjectSections ofCr.PC Sections ofBNSS Judgment when to be translated 364405
Translation copy
COMPLAINTS TO Examination of complainant 200223
-
MAGISTRATES,
Cognizance
of complaint
of process 204227
COMMENCEMENT OF PROCEEDINGS BEFORE Issue
Electronic
summons in
of petty
206229
summons Special
case
offence
Monetary limit of fine Supply to accused of copy of police report and other documents 207230
Time limit stipulated for supply of copy of police
report, FIR etc.
Copy to victim
of copies of statements and documents to accused
triable
court
session 208231
- Report in electronic form Supply
in other cases
by
of
Time limit
supply of copy
of case to Court of Session when offence is triable exclusively by it 209232
and form for
Commitment
completion of
Time limit for
proceedings
PROCEEDINGS BY, CONDITIONS REQUISITE FOR INITIATION OF Cognizance of offences by Magistrate 190210
Mode of taking cognizance Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 195215 - Cognizance by whom Prosecution of Judges and Public Servants 197218 - Time limit for sanction Prosecution for offences against marriage 198219
Unsound mind/child
-
-
SubjectSections ofCr.PC Sections ofBNSS
Prosecution for defamation 199222
- Unsound mind/child
MAINTENANCE OF WIVES, CHILDREN AND PARENTS, ORDER FOR Procedure 126145
- Advocate
- Residence of father or mother MERCY PETITION
- Procedure for— 472 (New)
OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE, PROVISIONS AS TO
Summary procedure for trial for giving false evidence 344383
- Fine prescribed
Procedure in certain cases of contempt 345384
- Fine prescribed
Summary procedure for punishment for nonattendance by a witness in obedience to summons 350389
- Fine prescribed
PLEA BARGAINING
Application for plea bargaining 265B290
- Time-limit for filing application for plea bargaining
- Time-limit for reaching a mutually satisfactory disposition
Disposal of case 265E293
- First time offender
POLICE, INFORMATION TO THE, THEIR POWERS TO INVESTIGATE
Information in cognizable cases 154173
- Electronic communication
- Information to informant/victim
- Preliminary enquiry
- Powers of Superintendent of Police Information
cases 155174
- Daily Diary
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-124
non-cognizable
as to
cases and investigation of such
-
-
-
176(1)
-
-
within 2 months applicable to offences of rape and gang rape have been extended to offences under POSCO
- Electronic communication
I-125 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 SubjectSections ofCr.PC Sections ofBNSS Police Officer’s power to investigate cognizable case 156175 - Powers of Superintendent of Police/Judicial Magistrate Procedure for investigation 157176
Audio-video electronic data
Forensic
facility
Non-compliance
Police Officer’s power to require attendance of witnesses 160179
Acute illness - Exempted person willingness to attend Recording of confessions and statements 164183
Woman Magistrate
Recording statement
Audio-video electronic means - Metropolitan Area/Metropolitan Magistrate Medical examination of victim of rape 164A184 - Time-limit for submission of medical examination report of rape victim Search by Police Officer 165185 - Recording of search by mobile - Time limit for sending records Procedure when investigation cannot be completed in 24 hours 167187
with requirement of section
-
-
-
of witness -
Period of declaration
Detention in police station
Audio-video electronic means Cases to be sent to magistrate, when evidence is sufficient 170190
Security for appearance Report of police officer on completion of investigation 173193
-
-
-
Requirement of time-bound completion of investigation
SubjectSections
- Progress of investigation
- Supply of copies of documents
- Time-limit for completion of investigation Police
- Time-limit for sending enquiry report to DM/SDM Power
-
-
- Binding force of lawful directions of Police
PERSONS DETAINED IN, ATTENDANCE
Power of State Government or Central Government to exclude certain persons from operation of section 302 (requirement of attendance)
- Power extends to Central Government also
TO COMPEL THE PRODUCTION OF THINGS - SEARCH AND SEIZURE, ATTACHMENT, ETC.
Summons
-
- Electronic communication
- Electronic summons PROCLAIMED
268303
- Definition of4034
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-126
ofCr.PC Sections ofBNSS
to enquire
and report on suicide, etc. 174194
to summon
persons 175195
POLICE, PERSON
DIRECTION OF
Restrictions on power to summon persons
BOUND TO FOLLOW LAW
172
POLICE, POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND POLICE
of officers employed in connection with affairs of a village to make a certain report 4034
- Provision for—
(New)
Duty
Proclaimed
POLICE, PREVENTIVE ACTION OF Persons bound to conform to lawful directions of police 172 (New)
offender
PRISONS,
OF
PROCESSES
to produce document or other thing
9194
Telegraph authority
OFFENDER
I-127 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 SubjectSections ofCr.PC Sections ofBNSS - Attachment of property— 86 (New) - Inquiry, trial or judgment in absentia of— 356 (New) PROPERTY, DISPOSAL OF Order for custody and disposal of property pending trial in certain cases 451497 - Magistrate - Statement of property - Photograph/videography of property - Time limit for disposal of property Power to sell perishable property 459505 - Prescribed value PUBLIC NUISANCE Conditional order for removal of nuisance 133152 - Scope of provision Person to whom order is addressed to obey or show cause 135154 - Audio video conference Procedure where person against whom order is made appears to show cause 138157 - Time-limit for completion of proceedings Magistrate may prohibit the repetition or continuance of public nuisance 143162 - Deputy Commissioner of Police PUBLIC ORDER AND TRANQUILITY, MAINTENANCE OF UNLAWFUL ASSEMBLIES Dispersal of assembly by use of civil force 129148 - Gender of person Use of armed forces to disperse assembly 130149 - District/Executive Magistrate SEARCH AND SEIZURE - Recording of, by mobile— 105 (New) SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR Security for good behaviour from habitual offenders 110129 - Specified Acts
-
WARRANT - CASES, TRIAL OF, BY MAGISTRATES: CASES INSTITUTED ON POLICE REPORT
When
-
Framing
-
-
ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973 I-128
ofCr.PC Sections ofBNSS Order to be made 111130
Sureties
SubjectSections
-
SION OF
Mercy petition in death sentence cases— 472
to commute sentence 433474
Computation of sentences State Government to act after concurrence with Central Government in certain cases 435477
Central
TRIALS
to try summarily 260283
Summary trial
- CASES, TRIAL OF, BY MAGISTRATES
of accusation to be stated 251274 - Release of accused
or death of complainant 256279
SENTENCES, EXECUTION/SUSPENSION/REMIS-
-
(New) Power
-
-
Act SUMMARY
Power
-
SUMMONS
Substance
Non-appearance
Time-limit
for appearance of complainant
239262
accused shall be discharged
Time limit of application for discharge by accused - Examination of accused through audio-electronic means
of charge 240263
Time-bound
prosecution 242265
framing of charges Evidence for
- Recording of evidence of witness by audio-video electronic means
243266
Evidence for defence
Examination
of witness by audio-video electronic means
SubjectSections ofCr.PC Sections ofBNSS
WARRANT CASES, TRIAL OF, BY MAGISTRATES: CASES INSTITUTED OTHER THAN ON POLICE REPORT
Procedure where accused is not discharged
- Closure of prosecution evidence where attendance of PWs cannot be secured despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita
WARRANT-CASES, TRIAL OF : CONCLUSION OF TRIAL
Absence of complainant
- Time limit for presence of complainant
246269
249272
I-129 ALPHABETICAL KEY TO COMPARATIVE STUDY OF BNSS, 2023 & Cr.PC, 1973
