[Tabular Comparison] Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) & Code of Criminal Procedure 1973 (Cr.PC.)
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Check out Taxmann's Bharatiya Nagarik Suraksha Sanhita 2023 which is a comprehensive legal resource for the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. It includes the new Act's text and a comparative study of the Bharatiya Nagarik Suraksha Sanhita 2023 with the Code of Criminal Procedure 1973. For easy understanding, it features innovative tools like tables, section/alphabetical key, subject index, etc. It is a vital resource for legal professionals, students, and the general public.
Subject | Sections of Cr.PC | Sections of BNSS |
Adjournment– limits on |
309 |
346(2) |
Anticipatory Bail |
438 | 482 |
AppealsNo appeal in petty cases – No appeal provision Appeal by State Government against sentence – Central Act Appeal in case of acquittal – Central Act |
376
377
378 |
417
418
419 |
Appearance, Process to Compel Appearance – Other Rules Regarding ProcessesProcedure as to letters – Telegraph authority Recording of search and seizure through audio-video electronic means – Recording of search & seizure by mobile phone Attachment, forfeiture or restoration of property – Attachment, forfeiture, etc. |
92
—
— |
95
105 (New)
107 (New) |
Appearance, Process to Compel Appearance – Proclamation and AttachmentIdentification and attachment of property of proclaimed person – Attachment of property |
— |
86 (New) |
Appearance, Processes to Compel Appearance – SummonsForm of summons – Electronic summons Summons how served – Summons by electronic communication – Record keeping Service of summons on corporate bodies, firms and societies – 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 – Summons by electronic communication Service of summons on witness – Summons by electronic communication |
61
62
63
68
69 |
63
64
65
70
71 |
Appearance, Process to Compel Appearance – Warrant of ArrestProcedure on arrest of person against whom warrant issue – Information regarding arrest |
80 |
82 |
Arrest of PersonsWhen may police arrest without a warrant – Infirm/Old age person Procedure of arrest and duties of officer making the arrest – Information of arrest Designated Police Officer – Information display Arrest on refusal to give name and residence – Bond/Bail Bond Arrest by private person and procedure on such arrest – Time limit of handing over arrestee (subjected to private arrest) to police – Re-arrest by police Arrest how made – Hand cuffing Obligation of person making arrest to inform about arrest, etc., to relative or friend – Information as to arrest Power to seize offensive weapons – Seizure of weapons Examination of accused by medical practitioner at request of Police Officer – Registered medical practitioner – Request for examination Examination of person accused of rape by medical practitioner – Registered Medical Practitioner Examination of arrested person by medical officer – Medical examination Identity parade (identification of person arrested) – Identification process Person arrested not to be detained more than twenty- four hours – Magistrate having jurisdiction or not |
41 & 41A
41B
41C
42
43
46
50A
52
53
53A
54
54A
57 |
35
36
37
39
40
43
48
50
51
52
53
54
58 |
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) |
Bails and Bonds, Provisions as toMaximum period for which undertrial prisoner can be detained – Undertrial prisoner When bail can be taken in case of non-bailable offence – In case of a child/woman/sick or infirm – Refusal for bail Anticipatory bail (direction for grant of bail to person apprehending arrest) – Anticipatory bail |
436A
437
438 |
479
480
482 |
Bond– definition of |
— |
2(1)(e)(New) |
Charges – Joinder of ChargesOffences of same kind within year may be charged together – Number of offences |
219 |
242 |
Court of Session, Trial Before aOpening case for prosecution – Any other law for the time being in force Discharge – Time-limit for making application for discharge Framing of charge – Time-limit for framing of charges – Accused presence in Court electronically Evidence for prosecution – Recording of witness, etc., by audio video electronic means Judgment of acquittal or conviction – Time-bound disposal of case by conviction or acquittal Procedure in cases instituted under sub-section (2) of section 222 – Quantum of compensation |
226
227
228
231
235
237 |
249
250
251
254
258
260 |
Courts, Powers ofSentences which high courts and sessions judges may pass – Assistant Sessions Judge Sentences which Magistrates may pass – Monetary limits on fines – Metropolitan Area/Metropolitan Magistrate – Community Service Sentence in cases of conviction of several offences at one trial – Concurrent imprisonment – Maximum punishment |
28
29
31 |
22
23
25 |
Criminal Cases, Transfer ofPower of Supreme Court to transfer cases and appeals – Compensation Power of High Court to transfer cases and appeals – Compensation Power of Sessions Judge to transfer cases and appeals – Monetary limit |
406
407
408 |
446
447
448 |
Criminal Courts and Offices, Constitution ofMetropolitan Area/Metropolitan Magistrate – Concept abolished Special Executive Magistrates – Police Officer Public Prosecutors – Public prosecutors for National Territory of Delhi Region – Special Public Prosecutor Assistant Public Prosecutors – Notice to State Government Directorate of Prosecution – 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 |
6
21
24
25
25A |
6
15
18
19
20 |
Criminal Courts in Inquiries and Trials, Jurisdiction of theOffences committed by means of electronic communications, letters, etc. Offence committed outside India – Offence committed outside India Receipt of evidence relating to offences committed outside India – Evidence in electronic form |
182
188
189 |
202
208
209 |
Death Sentences, Submission of, for ConfirmationSentence of death to be submitted by Court of Session for confirmation – Time limit for submission of death sentence proceedings to High Court by Court of Sessions Procedure in cases submitted to High Court for confirmation – Electronic means |
366
371 |
407
412 |
DefinitionsChange in definitions – Investigation – Words and phrases used in the legislation but not defined New Definitions – Audio-video electronic means – Bail – Bail Bond – Bond – Electronic communication |
2(h)
2(y)
— — — — — |
2(1)(l)
2(2)(New)
2(1)(a)(New) 2(1)(b)(New) 2(1)(d)(New) 2(1)(e)(New) 2(1)(i)(New) |
Directorate of Prosecution– District Directorate of prosecution – Eligible criteria of appointment of Director/Deputy Director of Prosecution – Assistant Director of Prosecution – Role and Responsibility of |
25A | 20 |
Electronic Communication– Definition of |
— |
2(1)(i)(New) |
Electronic Mode, Trial and Proceedings to Be Held inTrial to be held in electronic mode – Trial, inquiries and proceedings in electronic mode |
— |
530 (New) |
Forensic Facility– Procedure for investigation |
— |
176(3)(New) |
Hand Cuffing– When can be done |
46 |
43 |
Inquiries and Trial, Evidence In – Commission for the Examination of WitnessNo formal proof of certain documents – Time-limit for acceptance or denial of genuineness of document – Expert Evidence of Public Servants, experts, Public Officers in certain cases – Successor officer/expert |
294
— |
330
336(New) |
Inquiries and Trials, Evidence In-Mode of Taking and Recording EvidenceEvidence to be taken in presence of accused – Audio-video electronic means Record in summons-cases and inquiries – Rape cases Record of examination of accused – Time limit for taking signature of accused examined by electronic communication |
273
274
316 |
308
309
281 |
Inquiries and Trials, General Provisions as toPower 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 Inquiry, trial or judgment in absentia of proclaimed offender Withdrawal from prosecution – Central Act – Opportunity of hearing Court to be open – In camera trial provision extended to offences under Protection of Children from Sexual Offences Act also |
309
311A
317
— 321
327 |
346
349
355
356(New) 360
366
|
JudgmentJudgment – 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 Treatment of victims – Duty of hospitals to provide immediately, the first- aid or medical treatment, free of cost to victims of offences under Protection of Children from Sexual Offences Act, 2012 Witness Protection Scheme – Protection of witness Copy of judgment to be given to accused and other persons – Copy of Judgment to Government Judgment when to be translated – Translation copy |
353
357C
—
363
364
|
392
397
398(New)
404
405 |
Magistrates, Complaints toExamination of complainant – Cognizance of complaint |
200 |
223 |
Magistrates, Commencement of Proceedings BeforeIssue of process – Electronic summons Special summons in case of petty offence – Monetary limit of fine Supply to accused of copy of police report and other documents – Time limit stipulated for supply of copy of police report, FIR etc. – Copy to victim – Report in electronic form Supply of copies of statements and documents to accused in other cases triable by court of session – Time limit and form for supply of copy Commitment of case to Court of Session when offence is triable exclusively by it – Time limit for completion of proceedings – Copy to Court of Sessions |
204
206
207
208
209 |
227
229
230
231
232 |
Magistrate, Proceedings by, Conditions Requisite for Initiation ofCognizance of offences by Magistrate – 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 – Cognizance by whom Prosecution of Judges and Public Servants – Time limit for sanction Prosecution for offences against marriage – Unsound mind/child Prosecution for defamation – Unsound mind/child |
190
195
197
198
199 |
210
215
218
219
222 |
Maintenance of Wives, Children and Parents, Order forProcedure – Advocate – Residence of father or mother |
126 |
145 |
Mercy Petition– Procedure for |
— |
472 (New) |
Offences Affecting the Administration of Justice, Provisions as toSummary procedure for trial for giving false evidence – Fine prescribed Procedure in certain cases of contempt – Fine prescribed Summary procedure for punishment for non- attendance by a witness in obedience to summons – Fine prescribed |
344
345
350
|
383
384
389
|
Plea BargainingApplication for plea bargaining – Time-limit for filing application for plea bargaining – Time-limit for reaching a mutually satisfactory disposition Disposal of case – First time offender |
265B
265E |
290
293 |
Police, Information to the, their Powers to InvestigateInformation in cognizable cases – Electronic communication – Information to informant/victim – Preliminary enquiry – Powers of Superintendent of Police Information as to non-cognizable cases and investigation of such cases – Daily Diary Police Officer’s power to investigate cognizable case – Powers of Superintendent of Police/Judicial Magistrate Procedure for investigation – Audio-video electronic data – Forensic facility – Non-compliance with requirement of section 176(1) Police Officer’s power to require attendance of witnesses – Acute illness – Exempted person willingness to attend Recording of confessions and statements – Woman Magistrate – Recording statement of witness – Audio-video electronic means – Metropolitan Area/Metropolitan Magistrate Medical examination of victim of rape – Time-limit for submission of medical examination report of rape victim Search by Police Officer – Recording of search by mobile – Time limit for sending records Procedure when investigation cannot be completed in 24 hours – Period of declaration – Detention in police station – Audio-video electronic means Cases to be sent to magistrate, when evidence is sufficient – Security for appearance Report of police officer on completion of investigation – Requirement of time-bound completion of investigation within 2 months applicable to offences of rape and gang rape have been extended to offences under POSCO – Electronic communication – Progress of investigation – Supply of copies of documents – Time-limit for completion of investigation Police to enquire and report on suicide, etc. – Time-limit for sending enquiry report to DM/SDM Power to summon persons – Restrictions on power to summon persons |
154
155
156
157
160
164
164A
165
167
170
173
174
175 |
173
174
175
176
179
183
184
185
187
190
193
194
195 |
Police, Person Bound to Follow Law Direction of– Provision for |
— |
172 (New) |
Police, Powers of Superior Officers of Police and Aid to the Magistrates and PoliceDuty of officers employed in connection with affairs of a village to make a certain report – Proclaimed offender |
40 |
34 |
Police, Preventive Action ofPersons bound to conform to lawful directions of police – Binding force of lawful directions of Police |
— |
172 (New) |
Prisons, Persons Detained in, Attendance ofPower of State Government or Central Government to exclude certain persons from operation of section 302 (requirement of attendance) – Power extends to Central Government also |
268 |
303 |
Processes to Compel the Production of Things – Search and Seizure, Attachment, etc.Summons to produce document or other thing – Telegraph authority – Electronic communication – Electronic summons |
91 |
94 |
Proclaimed Offender– Definition of – Attachment of property – Inquiry, trial or judgment in absentia of |
40 — — |
34 86 (New) 356 (New)
|
Property, Disposal OfOrder for custody and disposal of property pending trial in certain cases – Magistrate – Statement of property – Photograph/videography of property – Time limit for disposal of property Power to sell perishable property – Prescribed value |
451
459 |
497
505 |
Public NuisanceConditional order for removal of nuisance – Scope of provision Person to whom order is addressed to obey or show cause – Audio video conference Procedure where person against whom order is made appears to show cause – Time-limit for completion of proceedings Magistrate may prohibit the repetition or continuance of public nuisance – Deputy Commissioner of Police |
133
135
138
143 |
152
154
157
162 |
Public Order and Tranquility, Maintenance of Unlawful AssembliesDispersal of assembly by use of civil force – Gender of person Use of armed forces to disperse assembly – District/Executive Magistrate
|
129
130 |
148
149 |
Search and Seizure– Recording of, by mobile |
— |
105 (New) |
Security for Keeping the Peace and for Good BehaviourSecurity for good behaviour from habitual offenders – Specified Acts Order to be made – Sureties |
110
111 |
129
130 |
Sentences, Execution/Suspension/Remission of– Mercy petition in death sentence cases Power to commute sentence – Computation of sentences State Government to act after concurrence with Central Government in certain cases – Central Act |
—
433
435 |
472 (New)
474
477 |
Summary TrialsPower to try summarily – Summary trial |
260 |
283 |
Summons – Cases, Trial of, By MagistratesSubstance of accusation to be stated – Release of accused Non-appearance or death of complainant – Time-limit for appearance of complainant |
251
256 |
274
279 |
Warrant – Cases, Trial of, By Magistrates: Cases Instituted on Police ReportWhen accused shall be discharged – Time limit of application for discharge by accused – Examination of accused through audio-electronic means Framing of charge – Time-bound framing of charges Evidence for prosecution – Recording of evidence of witness by audio-video electronic means Evidence for defence – Examination of witness by audio-video electronic means |
239
240
242
243 |
262
263
265
266 |
Warrant Cases, Trial of, By Magistrates: Cases Instituted Other than on Police ReportProcedure 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 |
246 |
269 |
Warrant-cases, Trial of: Conclusion of TrialAbsence of complainant – Time limit for presence of complainant |
249 |
272 |
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Record of examination of accused
i think sections are interchanged in tabular form
crpc-sec 281 and in BNSS-sec 316
Insightful comparison! This article effectively highlights the key differences between the Bharatiya Nagarik Suraksha Sanhita and the Code of Criminal Procedure, enhancing understanding of both legal frameworks.