[Tabular Comparison] Sections of Code of Criminal Procedure 1973 vs. Clauses of Bharatiya Nagarik Suraksha Sanhita 2023

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Bharatiya Nagarik Suraksha Sanhita 2023

Check out Taxmann's New Criminal Laws which provides the text of the new criminal laws as introduced in the Lok Sabha, specifically the Bharatiya Nagrik Suraksha Sanhita Bill 2023, Bharatiya Nyaya Sanhita Bill 2023, and Bharatiya Sakshya Bill 2023. It uniquely presents the content with tables comparing old and new provisions.

Table showing sections of Code of Criminal Procedure, 1973 and proposed corresponding provisions of Bharatiya Nagarik Suraksha Sanhita, 2023

Code of Criminal Procedure, 1973 Bharatiya Nagarik Suraksha Sanhita, 2023
Section Heading Clause Heading
1 Short title, extent and commencement 1 Short title, extent and commencement
2 Definitions 2 Definitions
3 Construction of references 3 Construction of references
4 Trial of offences under the Indian Penal Code and other laws 4 Trial of offences under Bhartiya Nyaya Sanhita and other laws
5 Saving 5 Saving
6 Classes of Criminal Courts 6 Classes of Criminal Courts.
7 Territorial divisions 7 Territorial divisions
8 Metropolitan areas — —
9 Court of Session 8 Court of Session
10 Subordination of Assistant Sessions Judges — —
11 Courts of Judicial Magistrates 9 Courts of Judicial Magistrates
12 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 10 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
13 Special Judicial Magistrates 11 Special Judicial Magistrates
14 Local jurisdiction of Judicial Magistrates 12 Local jurisdiction of Judicial Magistrates
15 Subordination of Judicial Magistrates 13 Subordination of Judicial Magistrates
16 Courts of Metropolitan Magistrates — —
17 Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate — —
18 Special Metropolitan Magistrates — —
19 Subordination of Metropolitan Magistrates — —
20 Executive Magistrates 14 Executive Magistrates
21 Special Executive Magistrates 15 Special Executive Magistrates
22 Local jurisdiction of Executive Magistrates 16 Local Jurisdiction of Executive Magistrates
23 Subordination of Executive Magistrates 17 Subordination of Executive Magistrates
24 Public Prosecutors 18 Public Prosecutors
25 Assistant Public Prosecutors 19 Assistant Public Prosecutors
25A Directorate of Prosecution 20 Directorate of Prosecution
26 Courts by which offences are triable 21 Courts by which offences are triable
27 Jurisdiction in the case of juveniles — —
28 Sentences which High Courts and Sessions Judges may pass 22 Sentences which High Courts and Sessions Judges may pass
29 Sentences which Magistrates may pass 23 Sentences which Magistrates may pass
30 Sentence of imprisonment in default of fine 24 Sentence of imprisonment in default of fine
31 Sentence in cases of conviction of several offences at one trial 25 Sentence in cases of conviction of several offences at one trial
32 Mode of conferring powers 26 Mode of conferring powers
33 Powers of officers appointed 27 Powers of officers appointed
34 Withdrawal of powers 28 Withdrawal of powers
35 Powers of Judges and Magistrates exercisable by their successors-in-office 29 Powers of Judges and Magistrates exercisable by their successors-in-office
36 Powers of superior officers of police 30 Powers of superior officers of police
37 Public when to assist Magistrates and police 31 Public when to assist Magistrates and police
38 Aid to person, other than police officer, executing warrant 32 Aid to person, other than police officer, executing warrant
39 Public to give information of certain offences 33 Public to give information of certain offences
40 Duty of officers employed in connection with the affairs of a village to make certain report 34 Duty of officers employed in connection with the affairs of a village to make certain report
41 When police may arrest without warrant 35 When police may arrest without warrant
41A Notice of appearance before police officer — —
41B Procedure of arrest and duties of officer making arrest 36 Procedure of arrest and duties of officer making arrest
41C Control room at districts — —
41D Right of arrested person to meet an advocate of his choice during interrogation 38 Right of arrested person to meet an advocate of his choice during interrogation
42 Arrest on refusal to give name and residence 39 Arrest on refusal to give name and residence
43 Arrest by private person and procedure on such arrest 40 Arrest by private person and procedure on such arrest
44 Arrest by Magistrate 41 Arrest by Magistrate
45 Protection of members of the Armed Forces from arrest 42 Protection of members of the Armed Forces from arrest
46 Arrest how made 43 Arrest how made
47 Search of place entered by person sought to be arrested 44 Search of place entered by person sought to be arrested
48 Pursuit of offenders into other jurisdictions 45 Pursuit of offenders into other jurisdictions
49 No unnecessary restraint 46 No unnecessary restraint
50 Person arrested to be informed of grounds of arrest and of right to bail 47 Person arrested to be informed of grounds of arrest and of right to bail
50A Obligation of person making arrest to inform about the arrest, etc., to a nominated person 48 Obligation of person making arrest to inform about the arrest, etc., to relative or friend
51 Search of arrested person 49 Search of arrested person
52 Power to seize offensive weapons 50 Power to seize offensive weapons
53 Examination of accused by medical practitioner at the request of police officer 51 Examination of accused by medical practitioner at the request of police officer
53A Examination of person accused of rape by medical practitioner 52 Examination of person accused of rape by medical practitioner
54 Examination of arrested person by medical officer 53 Examination of arrested person by medical officer
54A Identification of person arrested 54 Identification of person arrested
55 Procedure when police officer deputes subordinate to arrest without warrant 55 Procedure when police officer deputes subordinate to arrest without warrant
55A Health and safety of arrested person 56 Health and safety of arrested person
56 Person arrested to be taken before Magistrate or officer in charge of police station 57 Person arrested to be taken before Magistrate or officer in charge of police station
57 Person arrested not to be detained more than twenty-four hours 58 Person arrested not to be detained more than twenty-four hours
58 Police to report apprehensions 59 Police to report apprehensions
59 Discharge of person apprehended 60 Discharge of person apprehended
60 Power, on escape, to pursue and retake 61 Power, on escape, to pursue and retake
60A Arrest to be made strictly according to the Code 62 Arrest to be made strictly according to the Sanhita
61 Form of summons 63 Form of summons
62 Summons how served 64 Summons how served
63 Service of summons on corporate bodies and societies 65 Service of summons on corporate bodies, firms, and societies
64 Service when persons summoned cannot be found 66 Service when persons summoned cannot be found
65 Procedure when service cannot be effected as before provided 67 Procedure when service cannot be effected as before provided
66 Service on Government servant 68 Service on Government servant
67 Service of summons outside local limits 69 Service of summons outside local limits
68 Proof of service in such cases and when serving officer not present 70 Proof of service in such cases and when serving officer not present
69 Service of summons on witness by post 71 Service of summons on witness by post
70 Form of warrant of arrest and duration 72 Form of warrant of arrest and duration
71 Power to direct security to be taken 73 Power to direct security to be taken
72 Warrants to whom directed 74 Warrants to whom directed
73 Warrant may be directed to any person 75 Warrant may be directed to any person
74 Warrant directed to police officer 76 Warrant directed to police officer
75 Notification of substance of warrant 77 Notification of substance of warrant
76 Person arrested to be brought before Court without delay 78 Person arrested to be brought before Court without delay
77 Where warrant may be executed 79 Where warrant may be executed
78 Warrant forwarded for execution outside jurisdiction 80 Warrant forwarded for execution outside jurisdiction
79 Warrant directed to police officer for execution outside jurisdiction 81 Warrant directed to police officer for execution outside jurisdiction
80 Procedure on arrest of person against whom warrant issued 82 Procedure on arrest of person against whom warrant issued
81 Procedure by Magistrate before whom such person arrested is brought 83 Procedure by Magistrate before whom such person arrested is brought
82 Proclamation for person absconding 84 Proclamation for person absconding
83 Attachment of property of person absconding 85 Attachment of property of person absconding
84 Claims and objections to attachment 87 Claims and objections to attachment
85 Release, sale and restoration of attached property 88 Release, sale and restoration of attached property
86 Appeal from order rejecting application for restoration of attached property 89 Appeal from order rejecting application for restoration of attached property
87 Issue of warrant in lieu of, or in addition to, summons 90 Issue of warrant in lieu of, or in addition to, summons
88 Power to take bond for appearance 91 Power to take bond for appearance
89 Arrest on breach of bond for appearance 92 Arrest on breach of bond for appearance
90 Provisions of this Chapter generally applicable to summonses and warrants of arrest 93 Provisions of this Chapter generally applicable to summonses and warrants of arrest
91 Summons to produce document or other thing 94 Summons to produce document or other thing
92 Procedure as to letters and telegrams 95 Procedure as to letters and telegrams
93 When search warrant may be issued 96 When search-warrant may be issued
94 Search of place suspected to contain stolen property, forged documents, etc. 97 Search of place suspected to contain stolen property, forged documents, etc.
95 Power to declare certain publications forfeited and to issue search warrants for the same 98 Power to declare certain publications forfeited and to issue search-warrants for the same
96 Application to High Court to set aside declaration of forfeiture 99 Application to High Court to set aside declaration of forfeiture
97 Search for persons wrongfully confined 100 Search for persons wrongfully confined
98 Power to compel restoration of abducted females 101 Power to compel restoration of abducted females
99 Direction, etc., of search warrants 102 Direction, etc., of search-warrants
100 Persons in charge of closed place to allow search 103 Persons in charge of closed place to allow search
101 Disposal of things found in search beyond jurisdiction 104 Disposal of things found in search beyond jurisdiction
102 Power of police officer to seize certain property 106 Power of police officer to seize certain property
103 Magistrate may direct search in his presence 108 Magistrate may direct search in his presence
104 Power to impound document, etc., produced 109 Power to impound document, etc., produced
105 Reciprocal arrangements regarding processes 110 Reciprocal arrangements regarding processes
105A Definitions 111 Definitions
105B Assistance in securing transfer of persons 114 Assistance in securing transfer of persons
105C Assistance in relation to orders of attachment or forfeiture of property 115 Assistance in relation to orders of attachment or forfeiture of property
105D Identifying unlawfully acquired property 116 Identifying unlawfully acquired property.
105E Seizure or attachment of property 117 Seizure or attachment of property
105F Management of properties seized or forfeited under this Chapter 118 Management of properties seized or forfeited under this Chapter
105G Notice of forfeiture of property 119 Notice of forfeiture of property
105H Forfeiture of property in certain cases 120 Forfeiture of property in certain cases
105-I Fine in lieu of forfeiture 121 Fine in lieu of forfeiture
105J Certain transfers to be null and void 122 Certain transfers to be null and void
105K Procedure in respect of letter of request 123 Procedure in respect of letter of request
105L Application of this Chapter 124 Application of this Chapter
106 Security for keeping the peace on conviction 125 Security for keeping the peace on conviction
107 Security for keeping the peace in other cases 126 Security for keeping the peace in other cases
108 Security for good behaviour from persons disseminating seditious matters 127 Security for good behaviour from persons disseminating seditious matters
109 Security for good behaviour from suspected persons 128 Security for good behaviour from suspected persons
110 Security for good behaviour from habitual offenders 129 Security for good behaviour from habitual offenders
111 Order to be made 130 Order to be made
112 Procedure in respect of person present in Court 131 Procedure in respect of person present in Court
113 Summons or warrant in case of person not so present 132 Summons or warrant in case of person not so present
114 Copy of order to accompany summons or warrant 133 Copy of order to accompany summons or warrant
115 Power to dispense with personal attendance 134 Power to dispense with personal attendance
116 Inquiry as to truth of information 135 Inquiry as to truth of information
117 Order to give security 136 Order to give security
118 Discharge of person informed against 137 Discharge of person informed against
119 Commencement of period for which security is required 138 Commencement of period for which security is required
120 Contents of bond 139 Contents of bond
121 Power to reject sureties 140 Power to reject sureties
122 Imprisonment in default of security 141 Imprisonment in default of security
123 Power to release persons imprisoned for failing to give security 142 Power to release persons imprisoned for failing to give security
124 Security for unexpired period of bond 143 Security for unexpired period of bond
125 Order for maintenance of wives, children and parents 144 Order for maintenance of wives, children and parents
126 Procedure 145 Procedure
127 Alteration in allowance 146 Alteration in allowance
128 Enforcement of order of maintenance 147 Enforcement of order of maintenance
129 Dispersal of assembly by use of civil force 148 Dispersal of assembly by use of civil force
130 Use of armed forces to disperse assembly 149 Use of armed forces to disperse assembly
131 Power of certain armed force officers to disperse assembly 150 Power of certain armed force officers to disperse assembly
132 Protection against prosecution for acts done under preceding sections 151 Protection against prosecution for acts done under sections 148, 149 and 150
133 Conditional order for removal of nuisance 152 Conditional order for removal of nuisance
134 Service or notification of order 153 Service or notification of order
135 Person to whom order is addressed to obey or show cause 154 Person to whom order is addressed to obey or show cause
136 Consequences of his failing to do so 155 Consequences of his failing to do so
137 Procedure where existence of public right is denied 156 Procedure where existence of public right is denied
138 Procedure where he appears to show cause 157 Procedure where he appears to show cause
139 Power of Magistrate to direct local investigation and examination of an expert 158 Power of Magistrate to direct local investigation and examination of an expert
140 Power of Magistrate to furnish written instructions, etc. 159 Power of Magistrate to furnish written instructions, etc.
141 Procedure on order being made absolute and consequences of disobedience 160 Procedure on order being made absolute and consequences of disobedience
142 Injunction pending inquiry 161 Injunction pending inquiry
143 Magistrate may prohibit repetition or continuance of public nuisance 162 Magistrate may prohibit repetition or continuance of public nuisance
144 Power to issue order in urgent cases of nuisance or apprehended danger 163 Power to issue order in urgent cases of nuisance or apprehended danger
144A Power to prohibit carrying arms in procession or mass drill or mass training with arms — —
145 Procedure where dispute concerning land or water is likely to cause breach of peace 164 Procedure where dispute concerning land or water is likely to cause breach of peace
146 Power to attach subject of dispute and to appoint receiver 165 Power to attach subject of dispute and to appoint receiver
147 Dispute concerning right of use of land or water 166 Dispute concerning right of use of land or water
148 Local inquiry 167 Local inquiry
149 Police to prevent cognizable offences 168 Police to prevent cognizable offences
150 Information of design to commit cognizable offences 169 Information of design to commit cognizable offences
151 Arrest to prevent the commission of cognizable offences 170 Arrest to prevent the commission of cognizable offences
152 Prevention of injury to public property 171 Prevention of injury to public property
153 Inspection of weights and measures — —
154 Information in cognizable cases 173 Information in cognizable cases
155 Information as to non-cognizable cases and investigation of such cases 174 Information as to non-cognizable cases and investigation of such cases
156 Police officer’s power to investigate cognizable cases 175 Police officer’s power to investigate cognizable case
157 Procedure for investigation 176 Procedure for investigation
158 Report how submitted 177 Report how submitted
159 Power to hold investigation or preliminary inquiry 178 Power to hold investigation or preliminary inquiry
160 Police officer’s power to require attendance of witnesses 179 Police officer’s power to require attendance of witnesses
161 Examination of witnesses by police 180 Examination of witnesses by police
162 Statements to police not to be signed – Use of statements in evidence 181 Statements to police not to be signed: Use of statements in evidence
163 No inducement to be offered 182 No inducement to be offered
164 Recording of confessions and statements 183 Recording of confessions and statements
164A Medical examination of the victim of rape 184 Medical examination of the victim of rape
165 Search by police officer 185 Search by police officer
166 When officer in charge of police station may require another to issue search warrant 186 When officer in charge of police station may require another to issue search-warrant
166A Letter of request to competent authority for investigation in a country or place outside India — —
166B Letter of request from a country or place outside India to a Court or an authority for investigation in India — —
167 Procedure when investigation cannot be completed in twenty-four hours 187 Procedure when investigation cannot be completed in twenty-four hours
168 Report of investigation by subordinate police officer 188 Report of investigation by subordinate police officer
169 Release of accused when evidence deficient 189 Release of accused when evidence deficient
170 Cases to be sent to Magistrate when evidence is sufficient 190 Cases to be sent to Magistrate, when evidence is sufficient
171 Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint 191 Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
172 Diary of proceedings in investigation 192 Diary of proceedings in investigation
173 Report of police officer on completion of investigation 193 Report of police officer on completion of investigation
174 Police to enquire and report on suicide, etc. 194 Police to enquire and report on suicide, etc.
175 Power to summon persons 195 Power to summon persons
176 Inquiry by Magistrate into cause of death 196 Inquiry by Magistrate into cause of death
177 Ordinary place of inquiry and trial 197 Ordinary place of inquiry and trial
178 Place of inquiry or trial 198 Place of inquiry or trial
179 Offence triable where act is done or consequence ensues 199 Offence triable where act is done or consequence ensues
180 Place of trial where act is an offence by reason of relation to other offence 200 Place of trial where act is an offence by reason of relation to other offence
181 Place of trial in case of certain offences 201 Place of trial in case of certain offences
182 Offences committed by letters, etc. 202 Offences committed by means of electronic communications, letters, etc.
183 Offence committed on journey or voyage 203 Offence committed on journey or voyage
184 Place of trial for offences triable together 204 Place of trial for offences triable together
185 Power to order cases to be tried in different sessions divisions 205 Power to order cases to be tried in different sessions divisions
186 High Court to decide, in case of doubt, district where inquiry or trial shall take place 206 High Court to decide, in case of doubt, district where inquiry or trial shall take place
187 Power to issue summons or warrant for offence committed beyond local jurisdiction 207 Power to issue summons or warrant for offence committed beyond local jurisdiction
188 Offence committed outside India 208 Offence committed outside India
189 Receipt of evidence relating to offences committed outside India 209 Receipt of evidence relating to offences committed outside India
190 Cognizance of offences by Magistrates 210 Cognizance of offences by Magistrates
191 Transfer on application of the accused 211 Transfer on application of the accused
192 Making over of cases to Magistrates 212 Making over of cases to Magistrates
193 Cognizance of offences by Courts of Session 213 Cognizance of offences by Courts of Session
194 Additional and Assistant Sessions Judges to try cases made over to them 214 Additional Sessions Judges to try cases made over to them
195 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 215 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
195A Procedure for witnesses in case of threatening, etc. 216 Procedure for witnesses in case of threatening, etc.
196 Prosecution for offences against the State and for criminal conspiracy to commit such offence 217 Prosecution for offences against the State and for criminal conspiracy to commit such offence
197 Prosecution of Judges and public servants 218 Prosecution of Judges and public servants
198 Prosecution for offences against marriage 219 Prosecution for offences against marriage
198A Prosecution of offences under section 498A of the Indian Penal Code 220 Prosecution of offences under section 498A of the Bharatiya Nyaya Sanhita, 2023
198B Cognizance of offence 221 Cognizance of offence
199 Prosecution for defamation 222 Prosecution for defamation
200 Examination of complainant 223 Examination of complainant
201 Procedure by Magistrate not competent to take cognizance of the case 224 Procedure by Magistrate not competent to take cognizance of the case
202 Postponement of issue of process 225 Postponement of issue of process
203 Dismissal of complaint 226 Dismissal of complaint
204 Issue of process 227 Issue of process
205 Magistrate may dispense with personal attendance of accused 228 Magistrate may dispense with personal attendance of accused
206 Special summons in cases of petty offence 229 Special summons in cases of petty offence
207 Supply to the accused of copy of police report and other documents 230 Supply to the accused of copy of police report and other documents
208 Supply of copies of statements and documents to accused in other cases triable by court of session 231 Supply of copies of statements and documents to accused in other cases triable by Court of Session
209 Commitment of case to Court of Session when offence is triable exclusively by it 232 Commitment of case to Court of Session when offence is triable exclusively by it
210 Procedure to be followed when there is a complaint case and police investigation in respect of the same offence 233 Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
211 Contents of charge 234 Contents of charge
212 Particulars as to time, place and person 235 Particulars as to time, place and person
213 When manner of committing offence must be stated 236 When manner of committing offence must be stated
214 Words in charge taken in sense of law under which offence is punishable 237 Words in charge taken in sense of law under which offence is punishable
215 Effect of errors 238 Effect of errors
216 Court may alter charge 239 Court may alter charge
217 Recall of witnesses when charge altered 240 Recall of witnesses when charge altered
218 Separate charges for distinct offences 241 Separate charges for distinct offences
219 Three offences of same kind within year may be charged together 242 Offences of same kind within year may be charged together
220 Trial for more than one offence 243 Trial for more than one offence
221 Where it is doubtful what offence has been committed 244 Where it is doubtful what offence has been committed
222 When offence proved included in offence charged 245 When offence proved included in offence charged
223 What persons may be charged jointly 246 What persons may be charged jointly
224 Withdrawal of remaining charges on conviction on one of several charges 247 Withdrawal of remaining charges on conviction on one of several charges
225 Trial to be conducted by Public Prosecutor 248 Trial to be conducted by Public Prosecutor
226 Opening case for prosecution 249 Opening case for prosecution
227 Discharge 250 Discharge
228 Framing of charge 251 Framing of charge
229 Conviction on plea of guilty 252 Conviction on plea of guilty
230 Date for prosecution evidence 253 Date for prosecution evidence
231 Evidence for prosecution 254 Evidence for prosecution
232 Acquittal 255 Acquittal
233 Entering upon defence 256 Entering upon defence
234 Arguments 257 Arguments
235 Judgment of acquittal or conviction 258 Judgment of acquittal or conviction
236 Previous conviction 259 Previous conviction
237 Procedure in cases instituted under section 199(2) 260 Procedure in cases instituted under section 223(1)
238 Compliance with section 207 261 Compliance with section 231
239 When accused shall be discharged 262 When accused shall be discharged
240 Framing of charge 263 Framing of charge
241 Conviction on plea of guilty 264 Conviction on plea of guilty
242 Evidence for prosecution 265 Evidence for prosecution
243 Evidence for defence 266 Evidence for defence
244 Evidence for prosecution 267 Evidence for prosecution
245 When accused shall be discharged 268 When accused shall be discharged
246 Procedure where accused is not discharged 269 Procedure where accused is not discharged
247 Evidence for defence 270 Evidence for defence
248 Acquittal or conviction 271 Acquittal or conviction
249 Absence of complainant 272 Absence of complainant
250 Compensation for accusation without reasonable cause 273 Compensation for accusation without reasonable cause
251 Substance of accusation to be stated 274 Substance of accusation to be stated
252 Conviction on plea of guilty 275 Conviction on plea of guilty
253 Conviction on plea of guilty in absence of accused in petty cases 276 Conviction on plea of guilty in absence of accused in petty cases
254 Procedure when not convicted 277 Procedure when not convicted
255 Acquittal or conviction 278 Acquittal or conviction
256 Non-appearance or death of complainant 279 Non-appearance or death of complainant
257 Withdrawal of complaint 280 Withdrawal of complaint
258 Power to stop proceedings in certain cases 281 Power to stop proceedings in certain cases
259 Power of Court to convert summons-cases into warrant-cases 282 Power of Court to convert summons-cases into warrant-cases
260 Power to try summarily 283 Power to try summarily
261 Summary trial by Magistrate of the second class 284 Summary trial by Magistrate of the second class
262 Procedure for summary trials 285 Procedure for summary trials
263 Record in summary trials 286 Record in summary trials
264 Judgment in cases tried summarily 287 Judgment in cases tried summarily
265 Language of record and judgment 288 Language of record and judgment
265A Application of the Chapter 289 Application of the Chapter
265B Application for plea bargaining 290 Application for plea bargaining
265C Guidelines for mutually satisfactory disposition 291 Guidelines for mutually satisfactory disposition
265D Report of the mutually satisfactory disposition to be submitted before the Court 292 Report of the mutually satisfactory disposition to be submitted before the Court
265E Disposal of the case 293 Disposal of the case
265F Judgment of the Court 294 Judgment of the Court
265G Finality of the judgment 295 Finality of the judgment
265H Power of the Court in plea bargaining 296 Power of the Court in plea bargaining
265-I Period of detention undergone by the accused to be set off against the sentence of imprisonment 297 Period of detention undergone by the accused to be set off against the sentence of imprisonment
265J Savings 298 Savings
265K Statements of accused not to be used 299 Statements of accused not to be used
265L Non-application of the Chapter 300 Non-application of the Chapter
266 Definitions 301 Definition
267 Power to require attendance of prisoners 302 Power to require attendance of prisoners
268 Power of State Government to exclude certain persons from operation of section 267 303 Power of State Government or Central Government to exclude certain persons from operation of section 302
269 Officer-in-charge of prison to abstain from carrying out order in certain contingencies 304 Officer in charge of prison to abstain from carrying out order in certain contingencies
270 Prisoner to be brought to Court in custody 305 Prisoner to be brought to Court in custody
271 Power to issue commission for examination of witness in prison 306 Power to issue commission for examination of witness in prison
272 Language of Courts 307 Language of Courts
273 Evidence to be taken in presence of accused 308 Evidence to be taken in presence of accused
274 Record in summons-cases and inquiries 309 Record in summons-cases and inquiries
275 Record in warrant-cases 310 Record in warrant-cases
276 Record in trial before Court of Session 311 Record in trial before Court of Session
277 Language of record of evidence 312 Language of record of evidence
278 Procedure in regard to such evidence when completed 313 Procedure in regard to such evidence when completed
279 Interpretation of evidence to accused or his pleader 314 Interpretation of evidence to accused or his pleader
280 Remarks respecting demeanour of witness 315 Remarks respecting demeanour of witness
281 Record of examination of accused 316 Record of examination of accused
282 Interpreter to be bound to interpret truthfully 317 Interpreter to be bound to interpret truthfully
283 Record in High Court 318 Record in High Court
284 When attendance of witness may be dispensed with and commission issued 319 When attendance of witness may be dispensed with and commission issued
285 Commission to whom to be issued 320 Commission to whom to be issued
286 Execution of commissions 321 Execution of commissions
287 Parties may examine witnesses 322 Parties may examine witnesses
288 Return of commission 323 Return of commission
289 Adjournment of proceeding 324 Adjournment of proceeding
290 Execution of foreign commissions 325 Execution of foreign commissions
291 Deposition of medical witness 326 Deposition of medical witness
291A Identification report of Magistrate 327 Identification report of Magistrate
292 Evidence of officers of the Mint 328 Evidence of officers of the Mint
293 Reports of certain Government scientific experts 329 Reports of certain Government scientific experts
294 No formal proof of certain documents 330 No formal proof of certain documents
295 Affidavit in proof of conduct of public servants 331 Affidavit in proof of conduct of public servants
296 Evidence of formal character on affidavit 332 Evidence of formal character on affidavit
297 Authorities before whom affidavits may be sworn 333 Authorities before whom affidavits may be sworn
298 Previous conviction or acquittal how proved 334 Previous conviction or acquittal how proved
299 Record of evidence in absence of accused 335 Record of evidence in absence of accused
300 Person once convicted or acquitted not to be tried for same offence 337 Person once convicted or acquitted not to be tried for same offence
301 Appearance by Public Prosecutors 338 Appearance by Public Prosecutors
302 Permission to conduct prosecution 339 Permission to conduct prosecution
303 Right of person against whom proceedings are instituted to be defended 340 Right of person against whom proceedings are instituted to be defended
304 Legal aid to accused at State expense in certain cases 341 Legal aid to accused at State expense in certain cases
305 Procedure when corporation or registered society is an accused 342 Procedure when corporation or registered society is an accused
306 Tender of pardon to accomplice 343 Tender of pardon to accomplice
307 Power to direct tender of pardon 344 Power to direct tender of pardon
308 Trial of person not complying with conditions of pardon 345 Trial of person not complying with conditions of pardon
309 Power to postpone or adjourn proceedings 346 Power to postpone or adjourn proceedings
310 Local inspection 347 Local inspection
311 Power to summon material witness, or examine person present 348 Power to summon material witness, or examine person present
311A Power of Magistrate to order person to give specimen signatures or handwriting 349 Power of Magistrate to order person to give specimen signatures or handwriting
312 Expenses of complainants and witnesses 350 Expenses of complainants and witnesses
313 Power to examine the accused 351 Power to examine the accused
314 Oral arguments and memorandum of arguments 352 Oral arguments and memorandum of arguments
315 Accused person to be competent witness 353 Accused person to be competent witness
316 No influence to be used to induce disclosure 354 No influence to be used to induce disclosure
317 Provision for inquiries and trial being held in the absence of accused in certain cases 355 Provision for inquiries and trial being held in the absence of accused in certain cases
318 Procedure where accused does not understand proceedings 357 Procedure where accused does not understand proceedings
319 Power to proceed against other persons appearing to be guilty of offence 358 Power to proceed against other persons appearing to be guilty of offence
320 Compounding of offences 359 Compounding of offences
321 Withdrawal from prosecution 360 Withdrawal from prosecution
322 Procedure in cases which Magistrate cannot dispose of 361 Procedure in cases which Magistrate cannot dispose of
323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed 362 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
324 Trial of persons previously convicted of offences against coinage, stamp-law or property 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
325 Procedure when Magistrate cannot pass sentence sufficiently severe 364 Procedure when Magistrate cannot pass sentence sufficiently severe
326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
327 Court to be open 366 Court to be open
328 Procedure in case of accused being lunatic 367 Procedure in case of accused being person with mental illness
329 Procedure in case of person of unsound mind tried before Court 368 Procedure in case of person with mental illness tried before Court
330 Release of person of unsound mind pending investigation or trial 369 Release of person with mental illness pending investigation or trial
331 Resumption of inquiry or trial 370 Resumption of inquiry or trial
332 Procedure on accused appearing before Magistrate or Court 371 Procedure on accused appearing before Magistrate or Court
333 When accused appears to have been of sound mind 372 When accused appears to have been of sound mind
334 Judgment of acquittal on ground of unsoundness of mind 373 Judgment of acquittal on ground of mental illness
335 Person acquitted on such ground to be detained in safe custody 374 Person acquitted on such ground to be detained in safe custody
336 Power of State Government to empower officer-in-charge to discharge 375 Power of State Government to empower officer-in-charge to discharge
337 Procedure where lunatic prisoner is reported capable of making his defence 376 Procedure where prisoner with mental illness is reported capable of making his defence
338 Procedure where lunatic detained is declared fit to be released 377 Procedure where person with mental illness detained is declared fit to be released
339 Delivery of lunatic to care of relative or friend 378 Delivery of person with mental liabilities to care of relative or friend
340 Procedure in cases mentioned in section 195 379 Procedure in cases mentioned in section 215
341 Appeal 380 Appeal
342 Power to order costs 381 Power to order costs
343 Procedure of Magistrate taking cognizance 382 Procedure of Magistrate taking cognizance
344 Summary procedure for trial for giving false evidence 383 Summary procedure for trial for giving false evidence
345 Procedure in certain cases of contempt 384 Procedure in certain cases of contempt
346 Procedure where Court considers that case should not be dealt with under section 345 385 Procedure where Court considers that case should not be dealt with under section 384
347 When Registrar or Sub-Registrar to be deemed a Civil Court 386 When Registrar or Sub-Registrar to be deemed a Civil Court
348 Discharge of offender on submission of apology 387 Discharge of offender on submission of apology
349 Imprisonment or committal of person refusing to answer or produce document 388 Imprisonment or committal of person refusing to answer or produce document
350 Summary procedure for punishment for non-attendance by a witness in obedience to summons 389 Summary procedure for punishment for non-attendance by a witness in obedience to summons
351 Appeals from convictions under sections 344, 345, 349 and 350 390 Appeals from convictions under sections 383, 384, 388 and 389
352 Certain Judges and Magistrates not to try certain offences when committed before themselves 391 Certain Judges and Magistrates not to try certain offences when committed before themselves
353 Judgment 392 Judgment
354 Language and contents of judgment 393 Language and contents of judgment
355 Metropolitan Magistrate’s judgment — —
356 Order for notifying address of previously convicted offender 394 Order for notifying address of previously convicted offender
357 Order to pay compensation 395 Order to pay compensation
357A Victim compensation scheme 396 Victim compensation scheme
357B Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code — —
357C Treatment of victims 397 Treatment of victims
358 Compensation to persons groundlessly arrested 399 Compensation to persons groundlessly arrested
359 Order to pay costs in non-cognizable cases 400 Order to pay costs in non-cognizable cases
360 Order to release on probation of good conduct or after admonition 401 Order to release on probation of good conduct or after admonition
361 Special reasons to be recorded in certain cases 402 Special reasons to be recorded in certain cases
362 Court not to alter judgment 403 Court not to alter judgment
363 Copy of judgment to be given to the accused and other persons 404 Copy of judgment to be given to the accused and other persons
364 Judgment when to be translated 405 Judgment when to be translated
365 Court of Session to send copy of finding and sentence to District Magistrate 406 Court of Session to send copy of finding and sentence to District Magistrate
366 Sentence of death to be submitted by Court of Session for confirmation 407 Sentence of death to be submitted by Court of Session for confirmation
367 Power to direct further inquiry to be made or additional evidence to be taken 408 Power to direct further inquiry to be made or additional evidence to be taken
368 Power of High Court to confirm sentence or annul conviction 409 Power of High Court to confirm sentence or annul conviction
369 Confirmation or new sentence to be signed by two Judges 410 Confirmation or new sentence to be signed by two Judges
370 Procedure in case of difference of opinion 411 Procedure in case of difference of opinion
371 Procedure in cases submitted to High Court for confirmation 412 Procedure in cases submitted to High Court for confirmation
372 No appeal to lie unless otherwise provided 413 No appeal to lie unless otherwise provided
373 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour 414 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
374 Appeals from convictions 415 Appeals from convictions
375 No appeal in certain cases when accused pleads guilty 416 No appeal in certain cases when accused pleads guilty
376 No appeal in petty cases 417 No appeal in petty cases
377 Appeal by the State Government against sentence 418 Appeal by the State Government against sentence
378 Appeal in case of acquittal 419 Appeal in case of acquittal
379 Appeal against conviction by High Court in certain cases 420 Appeal against conviction by High Court in certain cases
380 Special right of appeal in certain cases 421 Special right of appeal in certain cases
381 Appeal to Court of Session how heard 422 Appeal to Court of Session how heard
382 Petition of appeal 423 Petition of appeal
383 Procedure when appellant in jail 424 Procedure when appellant in jail
384 Summary dismissal of appeal 425 Summary dismissal of appeal
385 Procedure for hearing appeals not dismissed summarily 426 Procedure for hearing appeals not dismissed summarily
386 Powers of the Appellate Court 427 Powers of the Appellate Court
387 Judgments of subordinate Appellate Court 428 Judgments of Subordinate Appellate Court
388 Order of High Court on appeal to be certified to lower Court 429 Order of High Court on appeal to be certified to lower Court
389 Suspension of sentence pending the appeal; release of appellant on bail 430 Suspension of sentence pending the appeal; release of appellant on bail
390 Arrest of accused in appeal from acquittal 431 Arrest of accused in appeal from acquittal
391 Appellate Court may take further evidence or direct it to be taken 432 Appellate Court may take further evidence or direct it to be taken
392 Procedure where Judges of Court of Appeal are equally divided 433 Procedure where Judges of Court of Appeal are equally divided
393 Finality of judgments and orders on appeal 434 Finality of judgments and orders on appeal
394 Abatement of appeals 435 Abatement of appeals
395 Reference to High Court 436 Reference to High Court
396 Disposal of case according to decision of High Court 437 Disposal of case according to decision of High Court
397 Calling for records to exercise powers of revision 438 Calling for records to exercise powers of revision
398 Power to order inquiry 439 Power to order inquiry
399 Sessions Judge’s powers of revision 440 Sessions Judge’s powers of revision
400 Power of Additional Sessions Judge 441 Power of Additional Sessions Judge
401 High Court’s powers of revision 442 High Court’s powers of revision
402 Power of High Court to withdraw or transfer revision cases 443 Power of High Court to withdraw or transfer revision cases
403 Option of Court to hear parties 444 Option of Court to hear parties
404 Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court 445 Statement by Magistrate of grounds of his decision to be considered by High Court
405 High Court’s order to be certified to lower Court 446 High Court’s order to be certified to lower Court
406 Power of Supreme Court to transfer cases and appeals 447 Power of Supreme Court to transfer cases and appeals
407 Power of High Court to transfer cases and appeals 448 Power of High Court to transfer cases and appeals
408 Power of Sessions Judge to transfer cases and appeals 449 Power of Sessions Judge to transfer cases and appeals
409 Withdrawal of cases and appeals by Sessions Judges 450 Withdrawal of cases and appeals by Session Judge
410 Withdrawal of cases by Judicial Magistrates 451 Withdrawal of cases by Judicial Magistrate
411 Making over or withdrawal of cases by Executive Magistrates 452 Making over or withdrawal of cases by Executive Magistrates
412 Reasons to be recorded 453 Reasons to be recorded
413 Execution of order passed under section 368 454 Execution of order passed under section 410
414 Execution of sentence of death passed by High Court 455 Execution of sentence of death passed by High Court
415 Postponement of execution of sentence of death in case of appeal to Supreme Court 456 Postponement of execution of sentence of death in case of appeal to Supreme Court
416 Postponement of capital sentence on pregnant woman 457 Postponement of capital sentence on pregnant woman
417 Power to appoint place of imprisonment 458 Power to appoint place of imprisonment
418 Execution of sentence of imprisonment 459 Execution of sentence of imprisonment
419 Direction of warrant for execution 460 Direction of warrant for execution
420 Warrant with whom to be lodged 461 Warrant with whom to be lodged
421 Warrant for levy of fine 462 Warrant for levy of fine
422 Effect of such warrant 463 Effect of such warrant
423 Warrant for levy of fine issued by a Court in any territory to which this Code does not extend 464 Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
424 Suspension of execution of sentence of imprisonment 465 Suspension of execution of sentence of imprisonment
425 Who may issue warrant 466 Who may issue warrant
426 Sentence on escaped convict when to take effect 467 Sentence on escaped convict when to take effect
427 Sentence on offender already sentenced for another offence 468 Sentence on offender already sentenced for another offence
428 Period of detention undergone by the accused to be set off against the sentence of imprisonment 469 Period of detention undergone by the accused to be set off against the sentence of imprisonment
429 Saving 470 Saving
430 Return of warrant on execution of sentence 471 Return of warrant on execution of sentence
431 Money ordered to be paid recoverable as a fine 472 Money ordered to be paid recoverable as a fine
432 Power to suspend or remit sentences 474 Power to suspend or remit sentences
433 Power to commute sentence 475 Power to commute sentence
433A Restriction on powers of remission or commutation in certain cases 476 Restriction on powers of remission or commutation in certain cases
434 Concurrent power of Central Government in case of death sentences 477 Concurrent power of Central Government in case of death sentences
435 State Government to act after consultation with Central Government in certain cases 478 State Government to act after concurrence with Central Government in certain cases
436 In what cases bail to be taken 480 In what cases bail to be taken
436A Maximum period for which an undertrial prisoner can be detained 481 Maximum period for which an undertrial prisoner can be detained
437 When bail may be taken in case of non-bailable offence 482 When bail may be taken in case of non-bailable offence
437A Bail to require accused to appear before next Appellate Court 483 Bail to require accused to appear before next appellate Court
438 Direction for grant of bail to person apprehending arrest 484 Direction for grant of bail to person apprehending arrest
439 Special powers of High Court or Court of Session regarding bail 485 Special powers of High Court or Court of Session regarding bail
440 Amount of bond and reduction thereof 486 Amount of bond and reduction thereof
441 Bond of accused and sureties 487 Bond of accused and sureties
441A Declaration by sureties 488 Declaration by sureties
442 Discharge from custody 489 Discharge from custody
443 Power to order sufficient bail when that first taken is insufficient 490 Power to order sufficient bail when that first taken is insufficient
444 Discharge of sureties 491 Discharge of sureties
445 Deposit instead of recognizance 492 Deposit instead of recognizance
446 Procedure when bond has been forfeited 493 Procedure when bond has been forfeited
446A Cancellation of bond and bail-bond 494 Cancellation of bond and bail bond
447 Procedure in case of insolvency or death of surety or when a bond is forfeited 495 Procedure in case of insolvency of death of surety or when a bond is forfeited
448 Bond required from minor 496 Bond required from minor
449 Appeal from orders under section 446 497 Appeal from orders under section 446
450 Power to direct levy of amount due on certain recognizances 498 Power to direct levy of amount due on certain recognizances
451 Order for custody and disposal of property pending trial in certain cases 499 Order for custody and disposal of property pending trial in certain cases
452 Order for disposal of property at conclusion of trial 500 Order for disposal of property at conclusion of trial
453 Payment to innocent purchaser of money found on accused 501 Payment to innocent purchaser of money found on accused
454 Appeal against orders under section 452 or section 453 502 Appeal against orders under section 500 or section 501
455 Destruction of libellous and other matter 503 Destruction of libellous and other matter
456 Power to restore possession of immovable property 504 Power to restore possession of immovable property
457 Procedure by police upon seizure of property 505 Procedure by police upon seizure of property
458 Procedure where no claimant appears within six months 506 Procedure where no claimant appears within six months
459 Power to sell perishable property 507 Power to sell perishable property
460 Irregularities which do not vitiate proceedings 508 Irregularities which do not vitiate proceedings
461 Irregularities which vitiate proceedings 509 Irregularities which vitiate proceedings
462 Proceedings in wrong place 510 Proceedings in wrong place
463 Non-compliance with provisions of section 164 or section 281 511 Non-compliance with provisions of section 183 or section 316
464 Effect of omission to frame, or absence of, or error in, charge 512 Effect of omission to frame, or absence of, or error in, charge
465 Finding or sentence when reversible by reason of error, omission or irregularity 513 Finding or sentence when reversible by reason of error, omission or irregularity
466 Defect or error not to make attachment unlawful 514 Defect or error not to make attachment unlawful
467 Definitions 515 Definitions
468 Bar to taking cognizance after lapse of the period of limitation 516 Bar to taking cognizance after lapse of the period of limitation
469 Commencement of the period of limitation 517 Commencement of the period of limitation
470 Exclusion of time in certain cases 518 Exclusion of time in certain cases
471 Exclusion of date on which Court is closed 519 Exclusion of date on which Court is closed
472 Continuing offence 520 Continuing offence
473 Extension of period of limitation in certain cases 521 Extension of period of limitation in certain cases
474 Trials before High Courts 522 Trials before High Courts
475 Delivery to commanding officers of persons liable to be tried by Court- martial 523 Delivery to commanding officers of persons liable to be tried by Court-martial
476 Forms 524 Forms
477 Power of High Court to make rules 525 Power of High Court to make rules
478 Power to alter functions allotted to Executive Magistrates in certain cases 526 Power to alter functions allocated to Executive Magistrate in certain cases
479 Cases in which Judge or Magistrate is personally interested 527 Case in which Judge or Magistrate is personally interested
480 Practising pleader not to sit as Magistrate in certain Courts 528 Practicing advocate not to sit as Magistrate in certain Courts
481 Public servant concerned in sale not to purchase or bid for property 529 Public servant concerned in sale not to purchase or bid for property
482 Saving of inherent powers of High Court 530 Saving of inherent powers of High Court
483 Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates 531 Duty of High Court to exercise continuous superintendence over Courts
484 Repeal and savings 533 Repeal and savings
Schedule I Classification of offences
Schedule II Forms

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One thought on “[Tabular Comparison] Sections of Code of Criminal Procedure 1973 vs. Clauses of Bharatiya Nagarik Suraksha Sanhita 2023”

  1. Detailed article! It provides a tabular comparison between sections of the Code of Criminal Procedure and the Bharatiya Nagarik Suraksha Sanhita, highlighting key differences and updates.

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