• Adv Govind Bali
• Criminal Law, Criminal Procedure, Law Student Notes
• August 21, 2026

BNSS 2023 Explained: All 531 Sections, CrPC Comparison, Case Law & Bare Act Guide

BNSS 2023 • Complete Section-Wise Guide • CrPC Comparison • Case Law • Criminal Procedure

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Act No. 46 of 2023, replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024, subject to the commencement notification and the transition clause in Section 531. This master reference identifies all 531 sections in statutory order and gives a concise practitioner-oriented explanation of each provision. For the most litigated provisions, it also identifies the corresponding CrPC provision and leading Supreme Court authorities.

Authoritative source: the enacted text should always be checked on India Code. This guide does not manufacture a case citation for every machinery provision. Older CrPC decisions remain relevant only where the BNSS provision is materially corresponding and has not altered the legal premise.

How to use this BNSS master guide

• Search the page for “Section 173 BNSS”, “Section 482 BNSS” or any other section number.
• Each section has its own heading so search engines can index section-number queries.
• For proceedings straddling 1 July 2024, verify Section 531 before assuming which procedural code applies.
• Where a special statute contains a contrary procedure, the special statute may prevail.

Major BNSS changes at a glance

• Section 173 expressly accommodates Zero FIR and electronic information.
• Section 176 introduces forensic-investigation requirements for serious offences.
• Section 105 requires audio-video recording of search and seizure.
• Section 187 changes the manner in which police-custody remand can be distributed within the initial statutory period.
• Section 223 gives the accused a pre-cognizance hearing right in complaint cases.
• Section 356 creates a trial-in-absentia framework for proclaimed offenders.
• Section 479 expands undertrial-release protection for eligible first-time offenders.
• Section 530 expressly enables electronic-mode criminal proceedings.

Chapter I — Preliminary

Section 1 BNSS — Short title, extent and commencement

Identifies the statute, its territorial operation and commencement mechanism. The Central Government brought the BNSS into force from 1 July 2024, subject to the notified exception concerning the First Schedule entry linked to BNS Section 106(2).

Section 2 BNSS — Definitions

Defines core expressions used throughout the Sanhita, including bail, bond, cognizable offence, complaint, electronic communication, investigation, victim and warrant-case. Definitions materially affect the operation of later provisions.

Section 3 BNSS — Construction of references

Explains how statutory references to Magistrates are to be construed and divides judicial and executive functions between Judicial and Executive Magistrates.

Section 4 BNSS — Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws

Makes the BNSS the general procedural code for investigation, inquiry and trial of BNS offences and other offences, subject to special statutory procedure.

Section 5 BNSS — Saving

Preserves special or local laws, special jurisdictions and special procedures unless the BNSS expressly provides otherwise.

Chapter II — Constitution of Criminal Courts and Offices

Section 6 BNSS — Classes of Criminal Courts

Specifies the principal classes of criminal courts below the High Court, including Courts of Session, Judicial Magistrates and Executive Magistrates.

Section 7 BNSS — Territorial divisions

Provides for sessions divisions, districts and sub-divisions and empowers alteration of their limits after the prescribed consultation.

Section 8 BNSS — Court of Session

Provides for establishment, staffing and jurisdictional arrangements of Courts of Session and Additional Sessions Judges.

Section 9 BNSS — Courts of Judicial Magistrates

Provides for establishment of Courts of Judicial Magistrates and their presiding officers.

Section 10 BNSS — Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

Deals with appointment and powers of the Chief Judicial Magistrate and Additional Chief Judicial Magistrates.

Section 11 BNSS — Special Judicial Magistrates

Permits appointment of Special Judicial Magistrates for specified cases, classes of cases or local areas.

Section 12 BNSS — Local Jurisdiction of Judicial Magistrates

Regulates territorial limits within which Judicial Magistrates may exercise statutory powers.

Section 13 BNSS — Subordination of Judicial Magistrates

Sets out the administrative and judicial subordination of Judicial Magistrates.

Section 14 BNSS — Executive Magistrates

Provides for appointment and designation of Executive Magistrates and District Magistrates.

Section 15 BNSS — Special Executive Magistrates

Permits appointment of Special Executive Magistrates for particular areas or functions.

Section 16 BNSS — Local Jurisdiction of Executive

Regulates territorial limits of Executive Magistrates’ powers.

Section 17 BNSS — Subordination of Executive Magistrates

Sets out subordination and distribution of work among Executive Magistrates.

Section 18 BNSS — Public Prosecutors

Governs appointment of Public Prosecutors and Additional Public Prosecutors for High Courts and districts and their statutory role.

Section 19 BNSS — Assistant Public Prosecutors

Provides for appointment and functions of Assistant Public Prosecutors for Magistrates’ Courts.

Section 20 BNSS — Directorate of Prosecution

Creates and regulates the Directorate of Prosecution and its supervisory structure.

Chapter III — Power of Courts

Section 21 BNSS — Courts by which offences are triable

Determines triability by reference to the First Schedule and any special law governing the offence.

Section 22 BNSS — Sentences which High Courts and Sessions Judges may pass

Defines sentencing competence of High Courts, Sessions Judges and Additional Sessions Judges.

Section 23 BNSS — Sentences which Magistrates may pass

Defines sentencing limits of different classes of Magistrates.

Section 24 BNSS — Sentence of imprisonment in default of fine

Regulates imprisonment imposed for default in payment of fine within the sentencing competence of the court.

Section 25 BNSS — Sentence in cases of conviction of several offences at one trial

Regulates consecutive and concurrent sentences where an accused is convicted of multiple offences in one trial.

Section 26 BNSS — Mode of conferring powers

Prescribes how statutory powers may be conferred on Judges, Magistrates and other authorities.

Section 27 BNSS — Powers of officers appointed

Preserves statutory powers upon appointment to an equivalent office unless otherwise directed.

Section 28 BNSS — Withdrawal of powers

Provides for withdrawal of powers previously conferred under the Sanhita.

Section 29 BNSS — Powers of Judges and Magistrates exercisable by their successors-in-office

Allows successors in office to exercise powers attached to the judicial office, subject to the statute.

Chapter IV — Powers of Superior Officers of Police and Aid to Magistrates and Police

Section 30 BNSS — Powers of superior officers of police

Allows superior police officers to exercise the same powers as an officer in charge of a police station within the prescribed local limits.

Section 31 BNSS — Public when to assist Magistrates and police

Requires public assistance in specified situations involving arrest, prevention of escape and suppression of breaches of peace.

Section 32 BNSS — Aid to person, other than police officer, executing warrant

Requires assistance where a lawful warrant is being executed by an authorised person other than a police officer.

Section 33 BNSS — Public to give information of certain offences

Imposes a duty to give information regarding specified serious offences.

Section 34 BNSS — Duty of officers employed in connection with affairs of a village to make certain report

Requires designated village-connected officers to communicate information concerning specified offences, offenders and suspicious circumstances.

Chapter V — Arrest of Persons

Section 35 BNSS — When police may arrest without warrant

Core arrest-without-warrant provision. Arrest is not automatic merely because an offence is cognizable; statutory necessity conditions and recorded reasons matter. The notice-of-appearance mechanism must be read with this section. CrPC correspondence: Sections 41 and 41A. Leading cases: Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; Joginder Kumar v. State of U.P., (1994) 4 SCC 260.

Section 36 BNSS — Procedure of arrest and duties of officer making arrest

Requires identification of the arresting officer, preparation of arrest memorandum and observance of prescribed safeguards. Leading cases: D.K. Basu v. State of West Bengal, (1997) 1 SCC 416; Arnesh Kumar.

Section 37 BNSS — Designated police officer

Requires designation of a police officer responsible for maintaining and displaying information about arrested persons in the prescribed manner.

Section 38 BNSS — Right of arrested person to meet an advocate of his choice during interrogation

Expressly recognises access to an advocate during interrogation, though not necessarily throughout the entire interrogation. Broadly corresponds to Section 41D CrPC.

Section 39 BNSS — Arrest on refusal to give name and residence

Allows limited arrest where a person accused of a non-cognizable offence refuses to provide true name and residence, subject to release or production requirements.

Section 40 BNSS — Arrest by private person and procedure on such arrest

Regulates narrowly defined circumstances in which a private person may arrest and requires prompt handing over to police.

Section 41 BNSS — Arrest by Magistrate

Empowers a Magistrate to arrest or order arrest in specified circumstances where an offence is committed in the Magistrate’s presence or the person is otherwise lawfully liable to arrest.

Section 42 BNSS — Protection of members of Armed Forces from arrest

Protects members of the Armed Forces from arrest for acts done or purportedly done in discharge of official duty except with prescribed governmental consent, subject to statutory conditions.

Section 43 BNSS — Arrest how made

Regulates the physical manner of arrest. BNSS also permits handcuffing in specified categories; that statutory power remains subject to constitutional proportionality and judicial scrutiny. Authorities: Prem Shankar Shukla v. Delhi Administration, (1980) 3 SCC 526; Citizens for Democracy v. State of Assam, (1995) 3 SCC 743.

Section 44 BNSS — Search of place entered by person sought to be arrested

Regulates entry and search of premises where a person sought to be arrested is believed to be present.

Section 45 BNSS — Pursuit of offenders into other jurisdictions

Allows lawful pursuit of a person sought to be arrested beyond the local police jurisdiction.

Section 46 BNSS — No unnecessary restraint

Prohibits restraint exceeding what is necessary to prevent escape.

Section 47 BNSS — Person arrested to be informed of grounds of arrest and of right to bail

Requires meaningful communication of grounds of arrest and information about the right to bail in bailable cases, engaging Article 22(1). The grounds-of-arrest jurisprudence should also be examined in light of Pankaj Bansal v. Union of India, (2024) 7 SCC 576.

Section 48 BNSS — Obligation of person making arrest to inform about arrest, etc., to relative or friend

Requires communication of arrest and place of detention to a relative, friend or nominated person and corresponding record-keeping.

Section 49 BNSS — Search of arrested person

Regulates personal search of an arrested person and custody of seized articles.

Section 50 BNSS — Power to seize offensive weapons

Allows seizure of offensive weapons from an arrested person, subject to lawful custody and production.

Section 51 BNSS — Examination of accused by medical practitioner at request of police officer

Authorises medical examination where it may afford evidence of the commission of an offence, subject to statutory safeguards.

Section 52 BNSS — Examination of person accused of rape by medical practitioner

Provides specialised procedure for medical examination of a person accused of rape.

Section 53 BNSS — Examination of arrested person by medical officer

Provides for medical examination of an arrested person and documentation of injuries or other relevant conditions.

Section 54 BNSS — Identification of person arrested

Permits court-directed identification of an arrested person where necessary for investigation.

Section 55 BNSS — Procedure when police officer deputes subordinate to arrest without warrant

Prescribes written authority and communication requirements when a subordinate officer is deputed to make a warrantless arrest.

Section 56 BNSS — Health and safety of arrested person

Places responsibility on the custodian for reasonable care of the arrested person’s health and safety.

Section 57 BNSS — Person arrested to be taken before Magistrate or officer in charge of police station

Requires prompt production before the proper authority after arrest without warrant.

Section 58 BNSS — Person arrested not to be detained more than twenty-four hours

Embodies the 24-hour constitutional and statutory production requirement, excluding necessary journey time.

Section 59 BNSS — Police to report apprehensions

Requires reporting of arrests without warrant to the designated Magistrate or authority.

Section 60 BNSS — Discharge of person apprehended

Provides that a person arrested by police cannot be discharged except on bond, bail or special order of a Magistrate.

Section 61 BNSS — Power, on escape, to pursue and retake

Allows pursuit and retaking of a person who lawfully escaped from custody.

Section 62 BNSS — Arrest to be made strictly according to Sanhita

Reinforces that arrest must be made strictly in accordance with the BNSS or another law authorising arrest.

Chapter VI — Processes to Compel Appearance

Section 63 BNSS — Form of summons

Prescribes the legally recognised form and authentication of summons, including electronic processes where permitted.

Section 64 BNSS — Summons how served

Regulates personal and electronic service of summons in the manner prescribed.

Section 65 BNSS — Service of summons on corporate bodies, firms, and societies

Provides methods for valid service on companies, corporations, firms and societies.

Section 66 BNSS — Service when persons summoned cannot be found

Provides substituted service on specified adult family members when personal service cannot be effected.

Section 67 BNSS — Procedure when service cannot be effected as before provided

Provides further substituted-service procedure, including affixation in appropriate circumstances.

Section 68 BNSS — Service on Government servant

Regulates service through the head of office where the summoned person is in government service.

Section 69 BNSS — Service of summons outside local limits

Allows summons to be transmitted for service beyond the issuing court’s local jurisdiction.

Section 70 BNSS — Proof of service in such cases and when serving officer not present

Regulates evidentiary proof that summons was duly served.

Section 71 BNSS — Service of summons on witness

Provides modes for service of witness summons, including permitted electronic means.

Section 72 BNSS — Form of warrant of arrest and duration

Prescribes form, authentication and continued validity of an arrest warrant until executed or cancelled.

Section 73 BNSS — Power to direct security to be taken

Allows a court issuing a warrant to endorse conditions for release upon execution where law permits.

Section 74 BNSS — Warrants to whom directed

Specifies persons or police officers to whom arrest warrants may lawfully be directed.

Section 75 BNSS — Warrant may be directed to any person

Permits direction of a warrant to a non-police person in specified urgent circumstances.

Section 76 BNSS — Warrant directed to police officer

Regulates execution and endorsement where a warrant is directed to police.

Section 77 BNSS — Notification of substance of warrant

Requires the person arrested under warrant to be notified of its substance and shown the warrant when required.

Section 78 BNSS — Person arrested to be brought before Court without delay

Requires prompt production before the court issuing the warrant, subject to statutory execution arrangements.

Section 79 BNSS — Where warrant may be executed

Provides territorial reach of arrest warrants.

Section 80 BNSS — Warrant forwarded for execution outside jurisdiction

Provides procedure for forwarding warrants to authorities outside the issuing court’s jurisdiction.

Section 81 BNSS — Warrant directed to police officer for execution outside jurisdiction

Regulates execution of a warrant by police beyond local limits with appropriate endorsement.

Section 82 BNSS — Procedure on arrest of person against whom warrant issued

Provides the procedure after an out-of-jurisdiction arrest under warrant.

Section 83 BNSS — Procedure by Magistrate before whom such person arrested is brought

Regulates bail, custody and transmission after production before the local Magistrate.

Section 84 BNSS — Proclamation for person absconding

Permits proclamation where a warrant cannot be executed because the person has absconded or is concealing himself. Strict compliance with publication and appearance requirements is important before further coercive consequences.

Section 85 BNSS — Attachment of property of person absconding

Permits attachment of property following valid proclamation proceedings, subject to statutory safeguards.

Section 86 BNSS — Identification and attachment of property of proclaimed person

Provides mechanisms to identify and attach property of a proclaimed person, including property outside the local jurisdiction.

Section 87 BNSS — Claims and objections to attachment

Creates a statutory remedy for third parties asserting an interest in attached property.

Section 88 BNSS — Release, sale and restoration of attached property

Regulates release, sale and restoration of property attached under proclamation proceedings.

Section 89 BNSS — Appeal from order rejecting application for restoration of attached property

Provides an appellate remedy against rejection of restoration claims.

Section 90 BNSS — Issue of warrant in lieu of, or in addition to, summons

Permits a court to issue a warrant instead of or in addition to summons in the circumstances specified.

Section 91 BNSS — Power to take bond or bail bond for appearance

Allows a court to require a bond or bail bond securing future appearance.

Section 92 BNSS — Arrest on breach of bond or bail bond for appearance

Authorises arrest after breach of an appearance bond or bail bond in accordance with law.

Section 93 BNSS — Provisions of this Chapter generally applicable to summons and warrants of arrest

Extends the general process rules across summons and warrant proceedings unless otherwise provided.

Chapter VII — Processes to Compel the Production of Things

Section 94 BNSS — Summons to produce document or other thing

Empowers a court or police-station officer to require production of a document, electronic communication, communication device or other thing where necessary or desirable for investigation, inquiry, trial or other proceeding. Broadly corresponds to Section 91 CrPC.

Section 95 BNSS — Procedure as to letters

Provides special procedure for production of postal or similar communications in lawful proceedings.

Section 96 BNSS — When search-warrant may be issued

Allows issue of search warrant where production cannot reasonably be expected or the court considers a general search necessary.

Section 97 BNSS — Search of place suspected to contain stolen property, forged documents, etc.

Provides for search of premises suspected of containing stolen property, forged documents and specified unlawful articles.

Section 98 BNSS — Power to declare certain publications forfeited and to issue search-warrants for same

Allows government forfeiture declarations and search warrants concerning statutorily prohibited publications, subject to High Court review.

Section 99 BNSS — Application to High Court to set aside declaration of forfeiture

Creates a High Court remedy against a publication-forfeiture declaration.

Section 100 BNSS — Search for persons wrongfully confined

Permits search warrants to locate and liberate persons believed to be wrongfully confined.

Section 101 BNSS — Power to compel restoration of abducted females

Provides Magistrate power to order restoration in specified cases of abduction or unlawful detention of women or female children.

Section 102 BNSS — Direction, etc., of search-warrants

Applies warrant-execution rules to search warrants.

Section 103 BNSS — Persons in charge of closed place to allow search

Requires lawful access to closed premises and regulates search safeguards, including search of women.

Section 104 BNSS — Disposal of things found in search beyond jurisdiction

Regulates transmission and disposal of seized things where search is executed outside jurisdiction.

Section 105 BNSS — Recording of search and seizure through audio video electronic means

Requires search and seizure to be recorded through audio-video electronic means, preferably mobile phone, with forwarding of the recording in the statutory manner. This is a major BNSS transparency reform.

Section 106 BNSS — Power of police officer to seize certain property

Allows police seizure of property alleged or suspected to be stolen, or found in circumstances creating suspicion of an offence, subject to reporting and judicial control. Corresponds broadly to Section 102 CrPC.

Section 107 BNSS — Attachment, forfeiture or restoration of property

Creates a wider mechanism for attachment, forfeiture or restoration of property believed to be derived from criminal activity, with Magistrate oversight and notice safeguards.

Section 108 BNSS — Magistrate may direct search in his presence

Allows a Magistrate to direct that a lawful search be conducted in the Magistrate’s presence.

Section 109 BNSS — Power to impound document, etc., produced

Allows a court to impound documents or things produced before it.

Section 110 BNSS — Reciprocal arrangements regarding processes

Provides statutory machinery for reciprocal execution of criminal-process measures with notified territories.

Chapter VIII — Reciprocal Arrangements, Attachment and Forfeiture

Section 111 BNSS — Definitions

Defines expressions used in the international-cooperation and forfeiture chapter.

Section 112 BNSS — Letter of request to competent authority for investigation in a country or place outside India

Provides for outgoing letters of request seeking evidence or investigation abroad.

Section 113 BNSS — Letter of request from a country or place outside India to a Court or an authority for investigation in India

Regulates execution in India of foreign investigative requests.

Section 114 BNSS — Assistance in securing transfer of persons

Provides for transfer of persons for evidence or investigative purposes under reciprocal arrangements.

Section 115 BNSS — Assistance in relation to orders of attachment or forfeiture of property

Provides cross-border assistance for attachment and forfeiture orders.

Section 116 BNSS — Identifying unlawfully acquired property

Authorises measures to trace and identify property suspected to be unlawfully acquired.

Section 117 BNSS — Seizure or attachment of property

Regulates seizure or attachment of unlawfully acquired property under this chapter.

Section 118 BNSS — Management of properties seized or forfeited under this Chapter

Provides for administration and preservation of property during seizure and forfeiture proceedings.

Section 119 BNSS — Notice of forfeiture of property

Requires notice before forfeiture and an opportunity to respond as prescribed.

Section 120 BNSS — Forfeiture of property in certain cases

Empowers forfeiture upon satisfaction of statutory conditions after prescribed process.

Section 121 BNSS — Fine in lieu of forfeiture

Allows imposition of fine instead of forfeiture in circumstances specified by the statute.

Section 122 BNSS — Certain transfers to be null and void

Invalidates specified property transfers designed to defeat forfeiture proceedings.

Section 123 BNSS — Procedure in respect of letter of request

Prescribes procedure for transmission and execution of letters of request.

Section 124 BNSS — Application of this Chapter

Defines when and to which reciprocal arrangements the chapter applies.

Chapter IX — Security for Keeping the Peace and for Good Behaviour

Section 125 BNSS — Security for keeping peace on conviction

Allows a court, upon specified convictions, to require security for keeping the peace.

Section 126 BNSS — Security for keeping peace in other cases

Empowers an Executive Magistrate to initiate preventive-security proceedings where information indicates likely breach of peace.

Section 127 BNSS — Security for good behaviour from persons disseminating certain matters

Provides preventive-security jurisdiction in relation to specified unlawful dissemination.

Section 128 BNSS — Security for good behaviour from suspected persons

Provides preventive proceedings against persons reasonably suspected of concealing presence with a view to committing a cognizable offence.

Section 129 BNSS — Security for good behaviour from habitual offenders

Provides preventive-security proceedings against persons falling within specified habitual-offender categories.

Section 130 BNSS — Order to be made

Requires a written preliminary order stating the substance of information, security amount, period and sureties.

Section 131 BNSS — Procedure in respect of person present in Court

Prescribes procedure where the person proceeded against is present before the Magistrate.

Section 132 BNSS — Summons or warrant in case of person not so present

Allows summons or, in appropriate cases, warrant to secure appearance.

Section 133 BNSS — Copy of order to accompany summons or warrant

Requires service of the preliminary security order with process.

Section 134 BNSS — Power to dispense with personal attendance

Allows representation through advocate where personal attendance is dispensed with.

Section 135 BNSS — Inquiry as to truth of information

Requires judicial inquiry into the truth of the information on which preventive-security proceedings are founded.

Section 136 BNSS — Order to give security

Allows final security order when necessity is established after inquiry.

Section 137 BNSS — Discharge of person informed against

Requires discharge where the alleged need for security is not proved.

Section 138 BNSS — Commencement of period for which security is required

Determines when the security period begins.

Section 139 BNSS — Contents of bond

Prescribes terms and scope of the security bond.

Section 140 BNSS — Power to reject sureties

Allows rejection of unfit or insufficient sureties after lawful inquiry.

Section 141 BNSS — Imprisonment in default of security

Regulates custody where ordered security is not furnished.

Section 142 BNSS — Power to release persons imprisoned for failing to give security

Provides statutory power to release or reduce security in appropriate cases.

Section 143 BNSS — Security for unexpired period of bond

Regulates fresh security for the remainder of a bond period after specified breaches or events.

Chapter X — Order for Maintenance of Wives, Children and Parents

Section 144 BNSS — Order for maintenance of wives, children and parents

Successor to Section 125 CrPC. Provides a summary maintenance remedy for wives, children and parents unable to maintain themselves, subject to statutory conditions. Leading cases: Rajnesh v. Neha, (2021) 2 SCC 324; Chaturbhuj v. Sita Bai, (2008) 2 SCC 316.

Section 145 BNSS — Procedure

Regulates territorial jurisdiction, evidence and hearing procedure in maintenance proceedings.

Section 146 BNSS — Alteration in allowance

Allows variation of maintenance upon proof of changed circumstances or relevant civil-court decisions.

Section 147 BNSS — Enforcement of order of maintenance

Provides enforcement machinery for maintenance orders, including recovery in accordance with the statute.

Chapter XI — Maintenance of Public Order and Tranquillity

Section 148 BNSS — Dispersal of assembly by use of civil force

Authorises dispersal of unlawful or dangerous assemblies through civil force subject to statutory necessity.

Section 149 BNSS — Use of armed forces to disperse assembly

Provides higher-threshold authority for use of armed forces when civil force is insufficient.

Section 150 BNSS — Power of certain armed force officers to disperse assembly

Confers emergency powers on specified armed-force officers where communication with an Executive Magistrate is impracticable.

Section 151 BNSS — Protection against prosecution for acts done under sections 148, 149 and 150

Provides specified prosecution protections for acts done under the dispersal provisions, subject to sanction requirements and legality of conduct.

Section 152 BNSS — Conditional order for removal of nuisance

Empowers Magistrates to issue conditional orders for removal of public nuisances and specified hazards.

Section 153 BNSS — Service or notification of order

Prescribes service or public notification of nuisance-removal orders.

Section 154 BNSS — Person to whom order is addressed to obey or show cause

Requires compliance or appearance to show cause against the conditional order.

Section 155 BNSS — Penalty for failure to comply with section 154

Provides consequences for disobedience of the statutory requirement to obey or show cause.

Section 156 BNSS — Procedure where existence of public right is denied

Regulates inquiry where the affected person disputes the existence of the asserted public right.

Section 157 BNSS — Procedure where person against whom order is made under section 152 appears to show-cause

Provides adjudicatory procedure after appearance and objection.

Section 158 BNSS — Power of Magistrate to direct local investigation and examination of an expert

Allows local investigation or expert evidence to assist nuisance proceedings.

Section 159 BNSS — Power of Magistrate to furnish written instructions, etc.

Allows the Magistrate to issue instructions for local investigation and determine associated expenses.

Section 160 BNSS — Procedure on order being made absolute and consequences of disobedience

Regulates finalisation and enforcement of a nuisance order.

Section 161 BNSS — Injunction pending inquiry

Allows interim injunctive relief where immediate measures are necessary pending determination.

Section 162 BNSS — Magistrate may prohibit repetition or Continuance of public nuisance

Allows prohibition of recurrence or continuation of a public nuisance.

Section 163 BNSS — Power to issue order in urgent cases of nuisance or apprehended danger

Successor to Section 144 CrPC. Enables urgent preventive orders where immediate prevention or speedy remedy is desirable. Orders remain subject to jurisdictional facts, proportionality and procedural safeguards. Leading cases: Anuradha Bhasin v. Union of India, (2020) 3 SCC 637; Madhu Limaye v. Sub-Divisional Magistrate, (1970) 3 SCC 746.

Section 164 BNSS — Procedure where dispute concerning land or water is likely to cause breach of peace

Provides preventive Magistrate jurisdiction over possession disputes likely to cause breach of peace, without finally deciding title.

Section 165 BNSS — Power to attach subject of dispute and to appoint receiver

Allows interim attachment and receivership in emergency or indeterminate-possession cases.

Section 166 BNSS — Dispute concerning right of use of land or water

Provides preventive adjudication concerning disputed rights of use likely to disturb public peace.

Section 167 BNSS — Local inquiry

Allows local inquiry to assist determination of land or water disputes under the chapter.

Chapter XII — Preventive Action of the Police

Section 168 BNSS — Police to prevent cognizable offences

Places a duty on police to prevent commission of cognizable offences.

Section 169 BNSS — Information of design to commit cognizable offences

Requires communication of information concerning planned cognizable offences to appropriate police authorities.

Section 170 BNSS — Arrest to prevent commission of cognizable offences

Permits preventive arrest where commission of a cognizable offence cannot otherwise be prevented, subject to statutory limits.

Section 171 BNSS — Prevention of injury to public property

Authorises preventive intervention to protect public property.

Section 172 BNSS — Persons bound to conform to lawful directions of police

Requires compliance with lawful police directions issued in discharge of preventive duties.

Chapter XIII — Information to Police and Their Powers to Investigate

Section 173 BNSS — Information in cognizable cases

The core FIR provision. Information may be given irrespective of the area where the offence occurred, providing express statutory footing for Zero FIR. Electronic information is recognised subject to signature within the prescribed period. Sub-section (3) allows a limited preliminary inquiry for specified offences punishable with three years or more but less than seven years, subject to prior permission and a 14-day outer period. CrPC correspondence: Section 154. Leading authority: Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, subject to the textual change introduced by BNSS Section 173(3).

Section 174 BNSS — Information as to non-cognizable cases and investigation of such cases

Regulates recording and investigation of non-cognizable offences and ordinarily requires Magistrate authorisation before investigation.

Section 175 BNSS — Police officer’s power to investigate cognizable case

Confers police power to investigate cognizable offences without a Magistrate’s order and preserves Magistrate power to order investigation. BNSS adds specific safeguards for complaints against public servants concerning official functions.

Section 176 BNSS — Procedure for investigation

Sets out the investigation process and includes the requirement of forensic expert visit and videography for offences punishable with seven years or more, subject to the statutory implementation framework.

Section 177 BNSS — Report how submitted

Regulates submission of investigative reports through the prescribed superior-officer channel where applicable.

Section 178 BNSS — Power to hold investigation or preliminary inquiry

Provides supervisory power to direct investigation or preliminary inquiry in accordance with the statutory scheme.

Section 179 BNSS — Police officer’s power to require attendance of witnesses

Allows police to require attendance of persons acquainted with case facts while protecting specified categories—such as women, minors, elderly persons and persons with disabilities—from being required to attend at distant places except as permitted.

Section 180 BNSS — Examination of witnesses by police

Allows police questioning of persons acquainted with facts. Police statements are not substantive evidence merely because recorded; subsequent use is controlled by Section 181 and evidence law.

Section 181 BNSS — Statements to police and use thereof

Broadly corresponds to Section 162 CrPC. Police statements are generally unsigned and primarily usable for contradiction in the legally prescribed manner. Leading authority: Tahsildar Singh v. State of U.P., AIR 1959 SC 1012.

Section 182 BNSS — No inducement to be offered

Prohibits improper inducement, threat or promise to obtain statements during investigation.

Section 183 BNSS — Recording of confessions and statements

Governs Magistrate-recorded confessions and statements and requires strict voluntariness safeguards. CrPC correspondence: Section 164. Leading cases: Dagdu v. State of Maharashtra, (1977) 3 SCC 68; Shivappa v. State of Karnataka, (1995) 2 SCC 76.

Section 184 BNSS — Medical examination of victim of rape

Prescribes prompt medical examination and reporting in rape cases with statutory consent and documentation safeguards.

Section 185 BNSS — Search by police officer

Permits investigative search by police where statutory necessity exists and requires recording of reasons and prescribed safeguards.

Section 186 BNSS — When officer in charge of police station may require another to issue search-warrant

Provides inter-station assistance for searches outside local limits where delay may prejudice investigation.

Section 187 BNSS — Procedure when investigation cannot be completed in twenty-four hours

Principal remand/default-bail provision corresponding to Section 167 CrPC. BNSS allows the authorised police-custody period to be taken in parts within the initial statutory window while retaining the 60/90-day default-bail structure depending on offence severity. Leading default-bail cases: Rakesh Kumar Paul v. State of Assam, (2017) 15 SCC 67; M. Ravindran v. Intelligence Officer, (2021) 2 SCC 485; Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453.

Section 188 BNSS — Report of investigation by subordinate police officer

Requires subordinate investigating officers to report results to the officer in charge.

Section 189 BNSS — Release of accused when evidence deficient

Requires release on bond where evidence or reasonable suspicion is insufficient to justify forwarding the accused to a Magistrate.

Section 190 BNSS — Cases to be sent to Magistrate, when evidence is sufficient

Requires forwarding of accused and case materials when sufficient evidence or reasonable ground exists.

Section 191 BNSS — Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

Protects complainants and witnesses from unnecessary accompaniment, restraint or demands for security during forwarding of a case.

Section 192 BNSS — Diary of proceedings in investigation

Requires maintenance of a case diary and regulates judicial access and limits on its evidentiary use.

Section 193 BNSS — Report of police officer on completion of investigation

Governs the police report/charge-sheet or final report, including electronic filing, information to the informant or victim, supply of documents and further investigation. CrPC correspondence: Section 173. Leading cases: Bhagwant Singh v. Commissioner of Police, (1985) 2 SCC 537; Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762.

Section 194 BNSS — Police to enquire and report on suicide, etc.

Provides police inquest procedure for suicides, suspicious deaths and specified unnatural deaths.

Section 195 BNSS — Power to summon persons

Allows the investigating officer in an inquest to summon persons acquainted with the facts.

Section 196 BNSS — Inquiry by Magistrate into cause of death

Provides for judicial or executive-magisterial inquiry into specified categories of death, including custodial and other statutorily sensitive deaths.

Chapter XIV — Jurisdiction of Criminal Courts in Inquiries and Trials

Section 197 BNSS — Ordinary place of inquiry and trial

States the general rule that an offence is ordinarily inquired into and tried where it was committed.

Section 198 BNSS — Place of inquiry or trial

Provides alternative venues where the place of commission is uncertain or acts occur in multiple areas.

Section 199 BNSS — Offence triable where act is done or consequence ensues

Permits trial where either the act occurred or the legally relevant consequence ensued.

Section 200 BNSS — Place of trial where act is an offence by reason of relation to other offence

Provides venue where connected acts constituting related offences occur in different places.

Section 201 BNSS — Place of trial in case of certain offences

Creates special venue rules for specified offences such as kidnapping, theft and criminal misappropriation.

Section 202 BNSS — Offences committed by means of electronic communications, letters, etc.

Provides venue rules for offences committed through electronic communication, letters and similar means.

Section 203 BNSS — Offence committed on journey or voyage

Allows trial in jurisdictions through which the person or thing passed during the journey or voyage.

Section 204 BNSS — Place of trial for offences triable together

Allows connected offences triable together to be tried in a court competent for any of them.

Section 205 BNSS — Power to order cases to be tried in different sessions divisions

Allows transfer for trial between sessions divisions in accordance with statutory authority.

Section 206 BNSS — High Court to decide, in case of doubt, district where inquiry or trial shall take place

Allows the High Court to resolve territorial doubt between subordinate criminal courts.

Section 207 BNSS — Power to issue summons or warrant for offence committed beyond local jurisdiction

Allows a competent Magistrate to issue process where an accused within local jurisdiction is alleged to have committed an offence elsewhere.

Section 208 BNSS — Offence committed outside India

Provides for trial in India of specified extraterritorial offences subject to Central Government sanction and applicable law.

Section 209 BNSS — Receipt of evidence relating to offences committed outside India

Regulates use of evidence collected abroad in cases triable in India.

Chapter XV — Conditions Requisite for Initiation of Proceedings

Section 210 BNSS — Cognizance of offences by Magistrate

Sets out the principal modes of cognizance: complaint, police report, information from another person or the Magistrate’s own knowledge, subject to statutory bars and special laws. Broadly corresponds to Section 190 CrPC.

Section 211 BNSS — Transfer on application of accused

Allows transfer where cognizance was taken on the Magistrate’s own knowledge or information and the accused invokes the statutory right.

Section 212 BNSS — Making over of cases to Magistrates

Allows Chief Judicial Magistrates and authorised Magistrates to make over cases for inquiry or trial.

Section 213 BNSS — Cognizance of offences by Court of Session

Generally restricts Sessions cognizance as a court of original jurisdiction unless the case is committed or a statute provides otherwise.

Section 214 BNSS — Additional Sessions Judges to try cases made over to them

Provides the basis on which Additional Sessions Judges try cases made over by the Sessions Judge or High Court.

Section 215 BNSS — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Creates complaint-based cognizance bars for specified administration-of-justice offences and regulates who may initiate prosecution.

Section 216 BNSS — Procedure for witnesses in case of threatening, etc.

Provides protection-oriented procedure where witnesses face threats or intimidation in relation to justice-system offences.

Section 217 BNSS — Prosecution for offences against State and for criminal conspiracy to commit such offence

Requires governmental sanction for specified offences against the State and related conspiracy offences.

Section 218 BNSS — Prosecution of Judges and public servants

Governs sanction for prosecution where the alleged act is reasonably connected with official duty. Sanction is not a shield for acts having no reasonable nexus with official functions. Broadly corresponds to Section 197 CrPC.

Section 219 BNSS — Prosecution for offences against marriage

Restricts cognizance of specified matrimonial offences to complaints by persons authorised by the provision.

Section 220 BNSS — Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

Regulates who may complain and when cognizance may be taken for the specified cruelty offence under the BNS.

Section 221 BNSS — Cognizance of offence

Creates an additional statutory cognizance condition for the offence identified in the provision.

Section 222 BNSS — Prosecution for defamation

Restricts cognizance of defamation to complaints by aggrieved persons, subject to statutory exceptions and special procedure for specified public functionaries.

Chapter XVI — Complaints to Magistrates

Section 223 BNSS — Examination of complainant

Governs examination of complainant and witnesses in complaint cases. The first proviso creates a mandatory pre-cognizance opportunity of hearing to the accused. In Parvinder Singh v. Directorate of Enforcement, 2026 INSC 519, the Supreme Court treated this safeguard as substantive and held non-compliance to vitiate cognizance. Read the detailed Fastrack analysis of Section 223 BNSS.

Section 224 BNSS — Procedure by Magistrate not competent to take cognizance of case

Requires return or transmission of a complaint where the receiving Magistrate lacks competence.

Section 225 BNSS — Postponement of issue of process

Allows inquiry or investigation before process to determine whether sufficient ground exists for proceeding. It is a threshold screening stage, not a full trial. Broadly corresponds to Section 202 CrPC.

Section 226 BNSS — Dismissal of complaint

Allows dismissal with reasons where, after considering the complainant’s material and any Section 225 inquiry, no sufficient ground exists for proceeding.

Chapter XVII — Commencement of Proceedings Before Magistrates

Section 227 BNSS — Issue of process

Governs summons or warrant after sufficient ground for proceeding is found. Summoning is a judicial act requiring application of mind. Leading cases under corresponding CrPC law: Pepsi Foods Ltd. v. Special Judicial Magistrate, (1998) 5 SCC 749; Sunil Bharti Mittal v. CBI, (2015) 4 SCC 609.

Section 228 BNSS — Magistrate may dispense with personal attendance of accused

Allows appearance through advocate in appropriate cases, subject to power to require personal attendance later.

Section 229 BNSS — Special summons in cases of petty offence

Provides simplified summons and plea procedure for petty offences.

Section 230 BNSS — Supply to accused of copy of police report and other documents

Requires timely, free supply of the police report and specified statements/documents to the accused, including electronic supply where permitted.

Section 231 BNSS — Supply of copies of statements and documents to accused in other cases triable by Court of Session

Provides document-supply rights in Sessions-triable cases instituted otherwise than on police report.

Section 232 BNSS — Commitment of case to Court of Session when offence is triable exclusively by it

Governs committal after compliance with supply requirements and within the statutory framework.

Section 233 BNSS — Procedure to be followed when there is a complaint case and police investigation in respect of same offence

Coordinates parallel complaint and police-report proceedings concerning the same offence to avoid inconsistent trials.

Chapter XVIII — The Charge

Section 234 BNSS — Contents of charge

Prescribes essential contents of a formal charge, including offence, law and particulars sufficient to inform the accused.

Section 235 BNSS — Particulars as to time, place and person

Requires sufficient factual particulars to give reasonable notice of the accusation.

Section 236 BNSS — When manner of committing offence must be stated

Requires additional details of manner where ordinary particulars do not sufficiently inform the accused.

Section 237 BNSS — Words in charge taken in sense of law under which offence is punishable

Directs legal interpretation of words used in the charge by reference to the offence-creating law.

Section 238 BNSS — Effect of errors

Provides that charge errors are material only where they mislead the accused and cause failure of justice.

Section 239 BNSS — Court may alter charge

Allows alteration or addition of charge before judgment, subject to fair-trial safeguards.

Section 240 BNSS — Recall of witnesses when charge altered

Protects both sides by permitting recall or further examination of witnesses after material alteration of charge.

Section 241 BNSS — Separate charges for distinct offences

States the general rule of separate charges and trials for distinct offences, subject to statutory joinder exceptions.

Section 242 BNSS — Offences of same kind within year may be charged together

Permits joinder of offences of the same kind committed within the prescribed period and numerical limit.

Section 243 BNSS — Trial for more than one offence

Allows joinder where offences form part of the same transaction or otherwise satisfy statutory criteria.

Section 244 BNSS — Where it is doubtful what offence has been committed

Allows alternative charging where facts may constitute one of several offences.

Section 245 BNSS — When offence proved included in offence charged

Allows conviction for a legally included minor offence where statutory conditions are met.

Section 246 BNSS — What persons may be charged jointly

Defines categories of accused who may be jointly charged and tried.

Section 247 BNSS — Withdrawal of remaining charges on conviction on one of several charges

Allows remaining charges to be withdrawn or stayed after conviction on one charge, subject to revival if the conviction is later set aside.

Chapter XIX — Trial Before a Court of Session

Section 248 BNSS — Trial to be conducted by Public Prosecutor

Requires Sessions trials to be conducted by a Public Prosecutor.

Section 249 BNSS — Opening case for prosecution

Requires the prosecutor to describe the charge and proposed evidence at commencement.

Section 250 BNSS — Discharge

Sessions discharge provision corresponding broadly to Section 227 CrPC. The Judge considers the record and submissions to determine whether sufficient ground exists to proceed. Leading cases: State of Orissa v. Debendra Nath Padhi, (2005) 1 SCC 568; Sajjan Kumar v. CBI, (2010) 9 SCC 368.

Section 251 BNSS — Framing of charge

Requires framing of charge where the Judge finds ground for presuming commission of an offence triable by the Sessions Court.

Section 252 BNSS — Conviction on plea of guilty

Allows conviction on a voluntary and unambiguous guilty plea, subject to judicial discretion.

Section 253 BNSS — Date for prosecution evidence

Requires fixing of prosecution evidence and issuance of witness process as appropriate.

Section 254 BNSS — Evidence for prosecution

Governs recording of prosecution evidence in Sessions trials.

Section 255 BNSS — Acquittal

Allows acquittal where, after prosecution evidence and examination of the accused, no evidence exists that the accused committed the offence.

Section 256 BNSS — Entering upon defence

Provides the accused an opportunity to adduce defence evidence and seek process.

Section 257 BNSS — Arguments

Regulates final oral and written submissions by prosecution and defence.

Section 258 BNSS — Judgment of acquittal or conviction

Requires judgment after hearing arguments and, upon conviction, hearing on sentence where applicable.

Section 259 BNSS — Previous conviction

Regulates proof and adjudication of alleged previous convictions relevant to enhanced punishment.

Section 260 BNSS — Procedure in cases instituted under sub-section (2) of section 222

Provides special Sessions procedure for specified defamation complaints concerning public functionaries.

Chapter XX — Trial of Warrant-Cases by Magistrates

Section 261 BNSS — Compliance with section 230

Requires confirmation that statutory copies have been supplied before proceeding with a police-report warrant case.

Section 262 BNSS — When accused shall be discharged

Warrant-case discharge provision corresponding broadly to Section 239 CrPC. The Magistrate may discharge where the charge is groundless after considering the police report and accompanying material. Leading cases: State of Orissa v. Debendra Nath Padhi; P. Vijayan v. State of Kerala, (2010) 2 SCC 398.

Section 263 BNSS — Framing of charge

Requires formal charge where the Magistrate finds ground for presuming commission of an offence triable as a warrant case.

Section 264 BNSS — Conviction on plea of guilty

Allows conviction on a voluntary guilty plea after charge.

Section 265 BNSS — Evidence for prosecution

Governs prosecution evidence in warrant cases instituted on police report.

Section 266 BNSS — Evidence for defence

Provides the accused opportunity to adduce defence evidence and seek process.

Section 267 BNSS — Evidence for prosecution

Governs pre-charge prosecution evidence in warrant cases instituted otherwise than on police report.

Section 268 BNSS — When accused shall be discharged

Allows discharge in complaint warrant cases where prosecution evidence fails to disclose a case warranting conviction if unrebutted.

Section 269 BNSS — Procedure where accused is not discharged

Requires framing of charge and further prosecution procedure where discharge is refused.

Section 270 BNSS — Evidence for defence

Provides defence evidence procedure in complaint-based warrant trials.

Section 271 BNSS — Acquittal or conviction

Governs final decision and sentencing in warrant trials before Magistrates.

Section 272 BNSS — Absence of complainant

Provides consequences and judicial discretion where the complainant is absent in specified complaint cases.

Section 273 BNSS — Compensation for accusation without reasonable cause

Allows compensation where an accusation before a Magistrate is found to have lacked reasonable ground, subject to hearing.

Chapter XXI — Trial of Summons-Cases by Magistrates

Section 274 BNSS — Substance of accusation to be stated

Requires the accused to be informed of the particulars of the alleged offence without formal charge unless otherwise necessary.

Section 275 BNSS — Conviction on plea of guilty

Allows conviction on a voluntary guilty plea in a summons case.

Section 276 BNSS — Conviction on plea of guilty in absence of accused in petty cases

Provides simplified guilty-plea procedure for petty offences without personal appearance where statutory conditions are met.

Section 277 BNSS — Procedure when not convicted

Governs prosecution and defence evidence where the accused does not plead guilty.

Section 278 BNSS — Acquittal or conviction

Provides final adjudication after evidence in summons cases.

Section 279 BNSS — Non-appearance or death of complainant

Regulates dismissal/acquittal and judicial discretion when a complainant is absent or deceased.

Section 280 BNSS — Withdrawal of complaint

Allows a complainant, with Magistrate permission, to withdraw a complaint before final order in specified cases.

Section 281 BNSS — Power to stop proceedings in certain cases

Allows stoppage of certain summons proceedings instituted otherwise than on complaint.

Section 282 BNSS — Power of Court to convert summons-cases into warrant-cases

Allows conversion where the offence and interests of justice require warrant-case procedure.

Chapter XXII — Summary Trials

Section 283 BNSS — Power to try summarily

Defines offences and Magistrates eligible for summary trial and expands mandatory/available summary treatment for specified petty offences.

Section 284 BNSS — Summary trial by Magistrate of second class

Permits specially empowered second-class Magistrates to try specified minor offences summarily.

Section 285 BNSS — Procedure for summary trials

Applies summons-case procedure subject to summary-trial modifications.

Section 286 BNSS — Record in summary trials

Prescribes the limited but mandatory record to be maintained.

Section 287 BNSS — Judgment in cases tried summarily

Requires brief reasons where the accused does not plead guilty.

Section 288 BNSS — Language of record and judgment

Regulates the language used in summary-trial records and judgments.

Chapter XXIII — Plea Bargaining

Section 289 BNSS — Application of Chapter

Defines offences and circumstances in which plea bargaining is available and statutory exclusions.

Section 290 BNSS — Application for plea bargaining

Prescribes the accused’s application, timing and voluntariness requirements.

Section 291 BNSS — Guidelines for mutually satisfactory disposition

Provides court-supervised procedure for arriving at a mutually satisfactory disposition.

Section 292 BNSS — Report of mutually satisfactory disposition to be submitted before Court

Requires recording and submission of the agreed disposition.

Section 293 BNSS — Disposal of case

Regulates sentencing, compensation and other consequences after successful plea bargaining.

Section 294 BNSS — Judgment of Court

Requires judgment in accordance with the statutory plea-bargaining disposition.

Section 295 BNSS — Finality of judgment

Limits ordinary appellate challenge to plea-bargaining judgments subject to constitutional remedies specified by law.

Section 296 BNSS — Power of Court in plea bargaining

Confers powers necessary to conduct and conclude plea-bargaining proceedings.

Section 297 BNSS — Period of detention undergone by accused to be set off against sentence of imprisonment

Allows statutory set-off of pre-sentence detention against the sentence imposed after plea bargaining.

Section 298 BNSS — Savings

Preserves legal protections and consequences specified for plea-bargaining proceedings.

Section 299 BNSS — Statements of accused not to be used

Protects statements made in unsuccessful plea-bargaining proceedings from use for other purposes as prescribed.

Section 300 BNSS — Non-application of Chapter

Excludes specified categories of accused or offences from plea bargaining.

Chapter XXIV — Attendance of Persons Confined or Detained in Prisons

Section 301 BNSS — Definitions

Defines terms used in the prisoner-attendance chapter.

Section 302 BNSS — Power to require attendance of prisoners

Allows criminal courts to require production of prisoners for evidence or proceedings.

Section 303 BNSS — Power of State Government or Central Government to exclude certain persons from operation of section 302

Allows government exclusion of specified prisoners from ordinary production orders for stated reasons.

Section 304 BNSS — Officer in charge of prison to abstain from carrying out order in certain contingencies

Permits non-production where statutory contingencies make compliance impermissible or unsafe.

Section 305 BNSS — Prisoner to be brought to Court in custody

Regulates custody and return of prisoners physically produced before court.

Section 306 BNSS — Power to issue commission for examination of witness in prison

Allows evidence to be taken by commission instead of physical production in appropriate cases.

Chapter XXV — Evidence in Inquiries and Trials

Section 307 BNSS — Language of Courts

Provides for determination and use of court language in criminal proceedings.

Section 308 BNSS — Evidence to be taken in presence of accused

Requires evidence to be taken in the presence of the accused or, where attendance is dispensed with, in the presence of the advocate; BNSS facilitates lawful audio-video participation.

Section 309 BNSS — Record in summons-cases and inquiries

Prescribes the manner in which evidence is recorded in summons cases and specified inquiries.

Section 310 BNSS — Record in warrant-cases

Prescribes record requirements for evidence in warrant trials.

Section 311 BNSS — Record in trial before Court of Session

Prescribes recording of evidence in Sessions trials.

Section 312 BNSS — Language of record of evidence

Regulates the language in which evidence is recorded.

Section 313 BNSS — Procedure in regard to such evidence when completed

Provides review, correction and authentication procedure for completed evidence records.

Section 314 BNSS — Interpretation of evidence to accused or his advocate

Requires interpretation where evidence is recorded in a language not understood by the accused or advocate.

Section 315 BNSS — Remarks respecting demeanour of witness

Allows the Judge or Magistrate to record material observations concerning witness demeanour.

Section 316 BNSS — Record of examination of accused

Prescribes how the accused’s examination is recorded. It should be read with Section 351, which contains the substantive power to question the accused.

Section 317 BNSS — Interpreter to be bound to interpret truthfully

Imposes a legal duty of truthful interpretation.

Section 318 BNSS — Record in High Court

Allows High Courts to regulate recording of evidence according to applicable rules.

Section 319 BNSS — When attendance of witness may be dispensed with and commission issued

Allows commission evidence where personal attendance would cause unreasonable delay, expense or inconvenience, subject to fairness.

Section 320 BNSS — Commission to whom to be issued

Specifies the judicial authority or officer to whom a commission may be directed.

Section 321 BNSS — Execution of commissions

Regulates how evidence commissions are executed.

Section 322 BNSS — Parties may examine witnesses

Protects participation of prosecution and defence in commission evidence.

Section 323 BNSS — Return of commission

Requires return of executed commission and deposition to the issuing court.

Section 324 BNSS — Adjournment of proceeding

Allows adjournment while commission evidence is awaited where necessary.

Section 325 BNSS — Execution of foreign commissions

Regulates execution in India of commissions issued by foreign courts or authorities under reciprocal arrangements.

Section 326 BNSS — Deposition of medical witness

Allows specified medical depositions to be used without routine personal attendance, subject to court power to summon.

Section 327 BNSS — Identification report of Magistrate

Provides evidentiary treatment of specified Magistrate identification reports.

Section 328 BNSS — Evidence of officers of Mint

Provides special evidentiary treatment of reports by authorised Mint officers.

Section 329 BNSS — Reports of certain Government scientific experts

Allows reports of notified government scientific experts to be used as evidence, subject to court power to summon the expert.

Section 330 BNSS — No formal proof of certain documents

Allows undisputed documents to be admitted without formal proof, reducing unnecessary evidence.

Section 331 BNSS — Affidavit in proof of conduct of public servants

Allows specified facts concerning official conduct to be proved by affidavit.

Section 332 BNSS — Evidence of formal character on affidavit

Allows formal evidence by affidavit, subject to cross-examination where ordered.

Section 333 BNSS — Authorities before whom affidavits may be sworn

Specifies persons authorised to administer affidavits for criminal proceedings.

Section 334 BNSS — Previous conviction or acquittal how proved

Prescribes modes of proving previous conviction or acquittal.

Section 335 BNSS — Record of evidence in absence of accused

Allows preservation of prosecution evidence in specified situations where the accused has absconded or a witness may later be unavailable, subject to statutory conditions.

Section 336 BNSS — Evidence of public servants, experts, police officers in certain cases

Creates procedural flexibility for evidence of specified officials and experts, including electronic participation where legally permitted.

Chapter XXVI — General Provisions as to Inquiries and Trials

Section 337 BNSS — Person once convicted or acquitted not to be tried for same offence

Statutory double-jeopardy protection corresponding to Section 300 CrPC, subject to its exceptions and Article 20(2).

Section 338 BNSS — Appearance by Public Prosecutors

Authorises Public Prosecutors to appear and plead without separate written authority in cases entrusted to them.

Section 339 BNSS — Permission to conduct prosecution

Allows Magistrate permission for prosecution to be conducted by a qualified person, subject to restrictions.

Section 340 BNSS — Right of person against whom proceedings are instituted to be defended

Statutorily recognises the accused’s right to be defended by an advocate of choice.

Section 341 BNSS — Legal aid to accused at State expense in certain cases

Requires state-funded legal representation where an unrepresented accused lacks sufficient means, reflecting Article 21 fair-trial obligations.

Section 342 BNSS — Procedure when corporation or registered society is an accused

Provides representation and trial procedure for corporate and registered-society accused.

Section 343 BNSS — Tender of pardon to accomplice

Allows conditional pardon to an accomplice in exchange for full and true disclosure in specified serious cases.

Section 344 BNSS — Power to direct tender of pardon

Allows higher courts to direct tender of pardon in cases before them.

Section 345 BNSS — Trial of person not complying with conditions of pardon

Regulates prosecution of an approver who violates the conditions of pardon.

Section 346 BNSS — Power to postpone or adjourn proceedings

Regulates adjournments and requires reasons; repeated or unnecessary adjournment must be avoided in light of the time-bound structure of BNSS.

Section 347 BNSS — Local inspection

Allows a Judge or Magistrate to inspect relevant places and place observations on record.

Section 348 BNSS — Power to summon material witness, or examine person present

Allows the court at any stage to summon, recall or re-examine a person whose evidence is essential to a just decision.

Section 349 BNSS — Power of Magistrate to order person to give specimen signatures or handwriting, etc.

Allows orders for specified identification specimens needed for investigation or proceedings, subject to statutory authority.

Section 350 BNSS — Expenses of complainants and witnesses

Allows payment of reasonable expenses to complainants and witnesses attending proceedings.

Section 351 BNSS — Power to examine accused

Successor to Section 313 CrPC. Material incriminating circumstances appearing in prosecution evidence must be put to the accused so an explanation can be offered. Leading case: Nar Singh v. State of Haryana, (2015) 1 SCC 496.

Section 352 BNSS — Oral arguments and memorandum of arguments

Regulates oral arguments and written submissions before final judgment.

Section 353 BNSS — Accused person to be competent witness

Allows the accused to testify voluntarily for the defence; adverse inference cannot be drawn merely from choosing not to testify.

Section 354 BNSS — No influence to be used to induce disclosure

Prohibits improper inducement of the accused to disclose matters within knowledge.

Section 355 BNSS — Provision for inquiries and trial being held in absence of accused in certain cases

Allows proceedings in absence where personal attendance is dispensed with and representation safeguards are satisfied. It is distinct from Section 356 proclaimed-offender trial in absentia.

Section 356 BNSS — Inquiry, trial or judgment in absentia of proclaimed offender

Creates a specific trial-in-absentia regime for a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arrest, subject to strict notice, publication and representation safeguards.

Section 357 BNSS — Procedure where accused does not understand proceedings

Requires measures to ensure comprehension and regulates proceedings where the accused cannot understand the language used.

Section 358 BNSS — Power to proceed against other persons appearing to be guilty of offence

Successor to Section 319 CrPC. Allows summoning of a non-accused person where evidence during inquiry or trial reaches the legally required threshold. Leading authority: Hardeep Singh v. State of Punjab, (2014) 3 SCC 92.

Section 359 BNSS — Compounding of offences

Successor to Section 320 CrPC. Specifies which offences may be compounded, by whom and whether court permission is needed. Offences outside the statutory list are not made compoundable by private agreement, though High Court quashing principles may separately apply. Leading cases: Gian Singh v. State of Punjab, (2012) 10 SCC 303; Narinder Singh v. State of Punjab, (2014) 6 SCC 466.

Section 360 BNSS — Withdrawal from prosecution

Successor to Section 321 CrPC. Allows the Public Prosecutor or Assistant Public Prosecutor, with court consent, to withdraw before judgment. Prosecutorial independence and public interest are central. Leading authority: Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288.

Section 361 BNSS — Procedure in cases which Magistrate cannot dispose of

Requires submission to the Chief Judicial Magistrate where the Magistrate lacks competence to dispose of the matter.

Section 362 BNSS — Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

Requires commitment where an offence appears exclusively triable by the Sessions Court.

Section 363 BNSS — Trial of persons previously convicted of offences against coinage, stamp-law or property

Provides special procedural treatment for specified repeat offenders.

Section 364 BNSS — Procedure when Magistrate cannot pass sentence sufficiently severe

Allows submission to the Chief Judicial Magistrate where the Magistrate considers a more severe sentence necessary than permitted by sentencing competence.

Section 365 BNSS — Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Allows successor Magistrates to act on previously recorded evidence, subject to recall safeguards.

Section 366 BNSS — Court to be open

Presumes open criminal courts while permitting exclusion of public in statutorily justified cases, especially sensitive sexual-offence proceedings.

Chapter XXVII — Accused Persons of Unsound Mind

Section 367 BNSS — Procedure in case of accused being person of unsound mind

Requires inquiry into mental capacity and fitness to make a defence during investigation or inquiry.

Section 368 BNSS — Procedure in case of person of unsound mind tried before Court

Provides procedure where incapacity emerges during trial.

Section 369 BNSS — Release of person of unsound mind pending investigation or trial

Regulates bail, safe custody and treatment where the accused is found incapable of defence.

Section 370 BNSS — Resumption of inquiry or trial

Allows proceedings to resume when the accused becomes capable of making a defence.

Section 371 BNSS — Procedure on accused appearing before Magistrate or Court

Requires reassessment of mental capacity after resumption or appearance.

Section 372 BNSS — When accused appears to have been of sound mind

Allows continuation where the court finds the accused capable and not legally incapacitated at the relevant time.

Section 373 BNSS — Judgment of acquittal on ground of unsoundness of mind

Requires a special finding where acquittal is based on legal insanity.

Section 374 BNSS — Person acquitted on ground of unsoundness of mind to be detained in safe custody

Regulates protective custody or delivery following insanity acquittal.

Section 375 BNSS — Power of State Government to empower officer in charge to discharge

Allows authorised officers to discharge persons detained under insanity provisions subject to statutory conditions.

Section 376 BNSS — Procedure where prisoner of unsound mind is reported capable of making his defence

Provides return to court and resumption when capability is restored.

Section 377 BNSS — Procedure where person of unsound mind detained is declared fit to be released

Regulates governmental and medical review before release.

Section 378 BNSS — Delivery of person of unsound mind to care of relative or friend

Allows conditional release to a relative or friend who undertakes care and compliance obligations.

Chapter XXVIII — Offences Affecting the Administration of Justice

Section 379 BNSS — Procedure in cases mentioned in section 215

Provides court-complaint procedure for specified offences affecting administration of justice.

Section 380 BNSS — Appeal

Creates an appellate remedy against specified orders refusing or making complaints under this chapter.

Section 381 BNSS — Power to order costs

Allows costs in proceedings concerning administration-of-justice complaints where statutory conditions are met.

Section 382 BNSS — Procedure of Magistrate taking cognizance

Regulates trial procedure after a court-generated complaint is received by the Magistrate.

Section 383 BNSS — Summary procedure for trial for giving false evidence

Allows summary punishment for specified false evidence committed before the court, with hearing safeguards.

Section 384 BNSS — Procedure in certain cases of contempt

Provides summary procedure for specified contemptuous conduct committed in the face of subordinate criminal courts.

Section 385 BNSS — Procedure where Court considers that case should not be dealt with under section 384

Allows forwarding to a competent Magistrate where summary contempt treatment is inadequate.

Section 386 BNSS — When Registrar or Sub-Registrar to be deemed a Civil Court

Deems specified registration authorities to be civil courts for limited administration-of-justice offences.

Section 387 BNSS — Discharge of offender on submission of apology

Allows discharge in specified contempt cases upon satisfactory apology.

Section 388 BNSS — Imprisonment or committal of person refusing to answer or produce document

Provides coercive consequences for unjustified refusal to answer lawful questions or produce required documents.

Section 389 BNSS — Summary procedure for punishment for non-attendance by a witness in obedience to summons

Allows summary punishment for unjustified witness non-attendance after due process.

Section 390 BNSS — Appeals from convictions under sections 383, 384, 388 and 389

Provides appellate remedies against specified summary convictions.

Section 391 BNSS — Certain Judges and Magistrates not to try certain offences when committed before themselves

Protects impartiality by preventing adjudication of specified offences by the same judicial officer before whom they occurred.

Chapter XXIX — The Judgment

Section 392 BNSS — Judgment

Governs pronouncement and delivery of criminal judgments and introduces time-linked and electronic-access requirements.

Section 393 BNSS — Language and contents of judgment

Requires reasoned findings, decision and sentence in the prescribed language and form.

Section 394 BNSS — Order for notifying address of previously convicted offender

Allows specified address-notification obligations for certain repeat offenders.

Section 395 BNSS — Order to pay compensation

Empowers criminal courts to award compensation out of fine and, in specified circumstances, even where fine is not part of sentence. Broadly corresponds to Section 357 CrPC.

Section 396 BNSS — Victim compensation scheme

Requires State Governments, in coordination with the Central Government, to maintain victim-compensation schemes for victims or dependants needing rehabilitation. Corresponds broadly to Section 357A CrPC.

Section 397 BNSS — Treatment of victims

Imposes duties concerning immediate treatment of victims of specified serious offences by hospitals and medical establishments.

Section 398 BNSS — Witness protection scheme

Requires every State Government to notify a witness-protection scheme. Witness safety is integral to a fair criminal process.

Section 399 BNSS — Compensation to persons groundlessly arrested

Allows compensation where a person causes another’s arrest without sufficient ground in cases governed by the provision.

Section 400 BNSS — Order to pay costs in non-cognizable cases

Allows costs against a complainant in specified non-cognizable complaint cases upon conviction.

Section 401 BNSS — Order to release on probation of good conduct or after admonition

Preserves judicial power to release eligible offenders on probation or admonition, read with the Probation of Offenders Act and sentencing law.

Section 402 BNSS — Special reasons to be recorded in certain cases

Requires reasons where statutory sentencing or probation expectations are departed from.

Section 403 BNSS — Court not to alter judgment

Bars alteration or review of a signed final judgment except correction of clerical or arithmetical error or as otherwise permitted by law.

Section 404 BNSS — Copy of judgment to be given to accused and other persons

Provides free or accessible copies of judgment to the accused and specified affected persons.

Section 405 BNSS — Judgment when to be translated

Requires translation where the judgment is recorded in a language not understood by the accused and statutory conditions apply.

Section 406 BNSS — Court of Session to send copy of finding and sentence to District Magistrate

Requires transmission of Sessions findings and sentences to the District Magistrate in the prescribed manner.

Chapter XXX — Submission of Death Sentences for Confirmation

Section 407 BNSS — Sentence of death to be submitted by Court of Session for confirmation

Requires High Court confirmation before a Sessions death sentence can be executed.

Section 408 BNSS — Power to direct further inquiry to be made or additional evidence to be taken

Allows the High Court in confirmation proceedings to obtain additional evidence or inquiry.

Section 409 BNSS — Power of High Court to confirm sentence or annul conviction

Defines the High Court’s powers on death-reference confirmation, including confirmation, alteration, acquittal or retrial as legally permissible.

Section 410 BNSS — Confirmation or new sentence to be signed by two Judges

Requires concurrence/signature of two High Court Judges for specified death-reference outcomes.

Section 411 BNSS — Procedure in case of difference of opinion

Provides reference procedure where the High Court bench is divided.

Section 412 BNSS — Procedure in cases submitted to High Court for confirmation

Regulates certification and communication of High Court orders after confirmation proceedings.

Chapter XXXI — Appeals

Section 413 BNSS — No appeal to lie unless otherwise provided

States that criminal appeals are statutory and lie only where the BNSS or another law creates the remedy.

Section 414 BNSS — Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior

Creates appellate remedies against specified preventive-security orders.

Section 415 BNSS — Appeals from convictions

Identifies appellate forums for convictions by different criminal courts.

Section 416 BNSS — No appeal in certain cases when accused pleads guilty

Restricts appeal after guilty plea primarily to legality or extent of sentence as provided.

Section 417 BNSS — No appeal in petty cases

Bars appeals in statutorily defined petty cases subject to exceptions.

Section 418 BNSS — Appeal by State Government against sentence

Allows State or Central Government appeals against inadequate sentence in specified cases, with hearing protection before enhancement.

Section 419 BNSS — Appeal in case of acquittal

Regulates appeals against acquittal by State, Central Government and complainants, including leave requirements where applicable.

Section 420 BNSS — Appeal against conviction by High Court in certain cases

Provides a statutory appeal to the Supreme Court for specified convictions by a High Court in original jurisdiction.

Section 421 BNSS — Special right of appeal in certain cases

Creates a special appeal right for a convicted person where co-accused receive an appeal right in the same trial.

Section 422 BNSS — Appeal to Court of Session how heard

Regulates allocation and hearing of appeals before Sessions Judges and Additional Sessions Judges.

Section 423 BNSS — Petition of appeal

Prescribes form and accompanying documents for a criminal appeal.

Section 424 BNSS — Procedure when appellant in jail

Allows incarcerated appellants to submit appeals through prison authorities.

Section 425 BNSS — Summary dismissal of appeal

Allows summary dismissal after examination and hearing where required, subject to safeguards.

Section 426 BNSS — Procedure for hearing appeals not dismissed summarily

Requires notice, record and full appellate hearing where the appeal proceeds.

Section 427 BNSS — Powers of Appellate Court

Defines appellate powers including acquittal, conviction, retrial, alteration and sentence modification within statutory limits.

Section 428 BNSS — Judgments of subordinate Appellate Court

Requires reasoned appellate judgments and applies relevant judgment requirements.

Section 429 BNSS — Order of High Court on appeal to be certified to lower Court

Requires certification and implementation of High Court appellate orders.

Section 430 BNSS — Suspension of sentence pending appeal; release of appellant on bail

Successor to Section 389 CrPC. Governs suspension of execution of sentence and post-conviction bail pending appeal. Courts consider the offence, sentence, appeal delay and settled factors. Leading authority: Kashmira Singh v. State of Punjab, (1977) 4 SCC 291.

Section 431 BNSS — Arrest of accused in appeal from acquittal

Allows the appellate court to secure the presence of an accused in an acquittal appeal.

Section 432 BNSS — Appellate Court may take further evidence or direct it to be taken

Allows additional evidence where necessary for a just appellate decision, with reasons.

Section 433 BNSS — Procedure where Judges of Court of appeal are equally divided

Provides reference to another Judge where an appellate bench is equally divided.

Section 434 BNSS — Finality of judgments and orders on appeal

Provides statutory finality subject to further remedies expressly available.

Section 435 BNSS — Abatement of appeals

Regulates survival or abatement of criminal appeals upon death of the accused or appellant.

Chapter XXXII — Reference and Revision

Section 436 BNSS — Reference to High Court

Allows subordinate courts to refer specified questions concerning validity or legal interpretation to the High Court.

Section 437 BNSS — Disposal of case according to decision of High Court

Requires subordinate disposal in conformity with the High Court’s reference decision.

Section 438 BNSS — Calling for records to exercise powers of revision

Successor to Section 397 CrPC. Gives the High Court and Sessions Judge revisional power to call for records to test correctness, legality, propriety and regularity, subject to statutory limits including the interlocutory-order bar.

Section 439 BNSS — Power to order inquiry

Allows revisional courts to direct further inquiry into complaints dismissed or accused discharged in specified circumstances.

Section 440 BNSS — Sessions Judge’s powers of revision

Defines the Sessions Judge’s revisional powers and limitations.

Section 441 BNSS — Power of Additional Sessions Judge

Allows Additional Sessions Judges to exercise assigned revisional jurisdiction.

Section 442 BNSS — High Court’s powers of revision

Successor to Section 401 CrPC. High Court revision is supervisory and narrower than appeal; the High Court cannot convert an acquittal into conviction in revision.

Section 443 BNSS — Power of High Court to withdraw or transfer revision cases

Allows the High Court to reallocate revision matters among competent courts.

Section 444 BNSS — Option of Court to hear parties

Regulates hearing rights in revision, particularly where an order prejudicial to the accused or another person is contemplated.

Section 445 BNSS — High Court’s order to be certified to lower Court

Requires communication and implementation of revisional orders by subordinate courts.

Chapter XXXIII — Transfer of Criminal Cases

Section 446 BNSS — Power of Supreme Court to transfer cases and appeals

Allows transfer between High Courts or subordinate courts in different States where expedient for the ends of justice.

Section 447 BNSS — Power of High Court to transfer cases and appeals

Successor to Section 407 CrPC. Allows transfer on statutory grounds including fair-trial concerns and ends of justice, subject to procedure and affidavit requirements.

Section 448 BNSS — Power of Sessions Judge to transfer cases and appeals

Allows intra-sessions-division transfers by the Sessions Judge.

Section 449 BNSS — Withdrawal of cases and appeals by Sessions Judges

Allows withdrawal and redistribution of cases or appeals among subordinate Sessions courts.

Section 450 BNSS — Withdrawal of cases by Judicial Magistrates

Allows Chief Judicial Magistrates and competent Magistrates to withdraw or recall cases and redistribute them lawfully.

Section 451 BNSS — Making over or withdrawal of cases by Executive Magistrates

Provides corresponding administrative power among Executive Magistrates.

Section 452 BNSS — Reasons to be recorded

Requires reasons for transfer/withdrawal decisions where prescribed by this chapter.

Chapter XXXIV — Execution, Suspension, Remission and Commutation of Sentences

Section 453 BNSS — Execution of order passed under section 409

Provides execution machinery for High Court orders in death-reference proceedings.

Section 454 BNSS — Execution of sentence of death passed by High Court

Regulates execution where death sentence is imposed by the High Court.

Section 455 BNSS — Postponement of execution of sentence of death in case of appeal to Supreme Court

Requires postponement while Supreme Court remedies remain pending in circumstances covered by the section.

Section 456 BNSS — Commutation of sentence of death on pregnant woman

Requires commutation of death sentence in the case of a pregnant woman in accordance with the statute.

Section 457 BNSS — Power to appoint place of imprisonment

Provides governmental authority concerning places of imprisonment.

Section 458 BNSS — Execution of sentence of imprisonment

Regulates warrants and custody for execution of imprisonment sentences.

Section 459 BNSS — Direction of warrant for execution

Specifies the authority to whom sentence-execution warrants are directed.

Section 460 BNSS — Warrant with whom to be lodged

Regulates custody of execution warrants.

Section 461 BNSS — Warrant for levy of fine

Allows recovery of unpaid fine through attachment/sale or other statutory methods.

Section 462 BNSS — Effect of such warrant

Regulates territorial and legal effect of fine-recovery warrants.

Section 463 BNSS — Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend

Provides recognition and execution of specified external fine warrants.

Section 464 BNSS — Suspension of execution of sentence of imprisonment

Allows suspension of imprisonment execution in the circumstances prescribed.

Section 465 BNSS — Who may issue warrant

Identifies competent authorities for sentence-execution warrants.

Section 466 BNSS — Sentence on escaped convict when to take effect

Determines commencement and interaction of sentences imposed on escaped convicts.

Section 467 BNSS — Sentence on offender already sentenced for another offence

Regulates concurrent or consecutive operation of later sentences.

Section 468 BNSS — Period of detention undergone by accused to be set off against sentence of imprisonment

Provides statutory set-off of eligible pre-conviction detention against imprisonment imposed.

Section 469 BNSS — Saving

Preserves specified sentence-execution powers and legal effects.

Section 470 BNSS — Return of warrant on execution of sentence

Requires return/certification after sentence warrant is executed.

Section 471 BNSS — Money ordered to be paid recoverable as a fine

Treats specified compensation, costs and monetary orders as recoverable using fine-recovery machinery.

Section 472 BNSS — Mercy petition in death sentence cases

Introduces a statutory framework and timelines for mercy petitions in death-sentence cases, read with Articles 72 and 161 of the Constitution.

Section 473 BNSS — Power to suspend or remit sentences

Provides executive suspension and remission powers subject to statutory conditions.

Section 474 BNSS — Power to commute sentence

Provides executive power to commute specified sentences to lesser punishments.

Section 475 BNSS — Restriction on powers of remission or commutation in certain cases

Restricts premature release in statutorily specified serious cases.

Section 476 BNSS — Concurrent power of Central Government in case of death sentences

Preserves Central Government remission/commutation power in death-sentence cases.

Section 477 BNSS — State Government to act after concurrence with Central Government in certain cases

Requires Central concurrence for remission or commutation in specified cases involving Central interests.

Chapter XXXV — Provisions as to Bail and Bonds

Section 478 BNSS — In what cases bail to be taken

Governs release as of right in bailable offences, subject to execution of bond or bail bond as law requires.

Section 479 BNSS — Maximum period for which under-trial prisoner can be detained

Successor to Section 436A CrPC but materially expands relief for first-time offenders. Eligible first-time undertrials are to be released on bond after detention up to one-third of the maximum imprisonment; other eligible undertrials ordinarily receive relief after one-half, subject to exclusions and the multiple-case proviso. In In Re: Inhuman Conditions in 1382 Prisons, order dated 22 October 2024, the Supreme Court directed application of Section 479 to pending undertrial cases irrespective of whether the case was registered before 1 July 2024.

Section 480 BNSS — When bail may be taken in case of non-bailable offence

General Magistrate-level regular-bail provision corresponding broadly to Section 437 CrPC. It contains restrictions for serious offences and special consideration for children, women, sick or infirm persons. Leading bail authority: Satender Kumar Antil v. CBI, (2022) 10 SCC 51.

Section 481 BNSS — Bail to require accused to appear before next Appellate Court

Requires post-trial bonds securing appearance before the appellate court for the prescribed period.

Section 482 BNSS — Direction for grant of bail to person apprehending arrest

Anticipatory-bail provision corresponding broadly to Section 438 CrPC. Sessions Court or High Court may grant pre-arrest bail on appropriate conditions. Leading cases: Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565; Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1.

Section 483 BNSS — Special powers of High Court or Court of Session regarding bail

Corresponds broadly to Section 439 CrPC and includes higher-court bail and cancellation powers. Cancellation authorities: Dolat Ram v. State of Haryana, (1995) 1 SCC 349; Mahipal v. Rajesh Kumar, (2020) 2 SCC 118.

Section 484 BNSS — Amount of bond and reduction thereof

Requires bail/bond amounts not to be excessive and permits reduction by superior courts.

Section 485 BNSS — Bond of accused and sureties

Prescribes execution and conditions of personal bonds and surety-backed bail bonds.

Section 486 BNSS — Declaration by sureties

Requires sureties to disclose specified information relevant to sufficiency and existing obligations.

Section 487 BNSS — Discharge from custody

Requires release once valid bail bond has been executed unless detention is lawful in another matter.

Section 488 BNSS — Power to order sufficient bail when that first taken is insufficient

Allows additional or replacement security where previously accepted bail becomes insufficient.

Section 489 BNSS — Discharge of sureties

Allows sureties to seek discharge from future liability, with consequent production and fresh-bail requirements for the accused.

Section 490 BNSS — Deposit instead of recognizance

Permits cash or government-promissory-note deposit instead of surety in cases where the statute allows.

Section 491 BNSS — Procedure when bond has been forfeited

Requires proof of forfeiture grounds, notice to the bound person and reasoned recovery procedure.

Section 492 BNSS — Cancellation of bond and bail bond

Provides consequences where a bond for appearance is breached and regulates fresh security.

Section 493 BNSS — Procedure in case of insolvency or death of surety or when a bond is forfeited

Allows the court to require new sureties after specified events affecting existing security.

Section 494 BNSS — Bond required from child

Provides special treatment of bonds required from children, ordinarily through sureties rather than personal penal obligation.

Section 495 BNSS — Appeal from orders under section 491

Creates an appellate remedy against specified bond-forfeiture orders.

Section 496 BNSS — Power to direct levy of amount due on certain recognizances

Provides recovery machinery for amounts due under specified recognizances.

Chapter XXXVI — Disposal of Property

Section 497 BNSS — Order for custody and disposal of property pending trial in certain cases

Allows interim custody, preservation, sale or disposal of case property pending inquiry or trial, with emphasis on avoiding needless deterioration.

Section 498 BNSS — Order for disposal of property at conclusion of trial

Allows final confiscation, destruction, delivery or other disposal of property after conclusion of proceedings.

Section 499 BNSS — Payment to innocent purchaser of money found on accused

Allows compensation to an innocent purchaser in specified stolen-property situations.

Section 500 BNSS — Appeal against orders under section 498 or section 499

Provides appeal against specified final property-disposal orders.

Section 501 BNSS — Destruction of libellous and other matter

Allows destruction of specified prohibited matter following conviction.

Section 502 BNSS — Power to restore possession of immovable property

Allows restoration of possession where a person was dispossessed through specified criminal force or intimidation connected with conviction.

Section 503 BNSS — Procedure by police upon seizure of property

Requires reporting and Magistrate-supervised disposal where seized property is not produced during trial.

Section 504 BNSS — Procedure where no claimant appears within six months

Regulates vesting/disposal of unclaimed property after notice and the statutory waiting period.

Section 505 BNSS — Power to sell perishable property

Allows prompt sale or disposal of perishable property where preservation is impracticable.

Chapter XXXVII — Irregular Proceedings

Section 506 BNSS — Irregularities which do not vitiate proceedings

Lists specified procedural errors that do not automatically invalidate proceedings when done in good faith.

Section 507 BNSS — Irregularities which vitiate proceedings

Lists jurisdictional/procedural defects treated as fundamentally invalidating.

Section 508 BNSS — Proceedings in wrong place

Provides that territorial error does not justify reversal unless it occasioned failure of justice.

Section 509 BNSS — Non-compliance with provisions of section 183 or section 316

Provides a curability/failure-of-justice framework for specified defects in confession or accused-examination recording.

Section 510 BNSS — Effect of omission to frame, or absence of, or error in, charge

Prevents reversal for charge defects unless prejudice or failure of justice is shown, with power to order appropriate corrective action.

Section 511 BNSS — Finding or sentence when reversible by reason of error, omission or irregularity

Establishes the general failure-of-justice test for procedural irregularities in criminal proceedings.

Section 512 BNSS — Defect or error not to make attachment unlawful

Protects specified attachment actions from invalidation solely because of procedural defects in connected proceedings.

Chapter XXXVIII — Limitation for Taking Cognizance of Certain Offences

Section 513 BNSS — Definitions

Defines limitation-related terms for this chapter.

Section 514 BNSS — Bar to taking cognizance after lapse of period of limitation

Bars cognizance of specified lesser offences after statutory limitation expires, subject to exclusions and extension provisions. Corresponds broadly to Section 468 CrPC.

Section 515 BNSS — Commencement of period of limitation

Determines when limitation begins based on knowledge of offence and offender.

Section 516 BNSS — Exclusion of time in certain cases

Excludes specified periods, including time spent prosecuting in good faith before an incompetent forum and time covered by stays or sanction requirements.

Section 517 BNSS — Exclusion of date on which Court is closed

Extends filing to the reopening day where limitation expires while the court is closed.

Section 518 BNSS — Continuing offence

Provides a fresh limitation period for every moment during which a continuing offence continues.

Section 519 BNSS — Extension of period of limitation in certain cases

Allows cognizance after limitation where delay is properly explained or extension is necessary in the interests of justice. Corresponds broadly to Section 473 CrPC.

Chapter XXXIX — Miscellaneous

Section 520 BNSS — Trials before High Courts

Allows High Courts to follow prescribed procedure when exercising original criminal jurisdiction.

Section 521 BNSS — Delivery to commanding officers of persons liable to be tried by Court-martial

Preserves the interface between ordinary criminal courts and court-martial jurisdiction. It must be read with the relevant service Act, rules and the rules governing choice of forum where concurrent jurisdiction exists.

Section 522 BNSS — Forms

Gives statutory force to prescribed forms in the Second Schedule subject to permitted variation.

Section 523 BNSS — Power of High Court to make rules

Allows High Courts to make rules for inspection, records, subordinate-court procedure and other matters authorised by the Sanhita.

Section 524 BNSS — Power to alter functions allocated to Executive Magistrate in certain cases

Allows a State Government to reallocate specified Executive Magistrate functions in accordance with the statutory mechanism.

Section 525 BNSS — Cases in which Judge or Magistrate is personally interested

Prevents a Judge or Magistrate from adjudicating a case in which there is personal interest, subject to statutory exceptions/permission.

Section 526 BNSS — Practising advocate not to sit as Magistrate in certain Courts

Prevents an advocate from sitting as Magistrate in a court or area where the advocate practises, protecting institutional impartiality.

Section 527 BNSS — Public servant concerned in sale not to purchase or bid for property

Prohibits conflict-of-interest purchases by public servants involved in court-directed sale.

Section 528 BNSS — Saving of inherent powers of High Court

Corresponds to Section 482 CrPC. Saves the High Court’s inherent power to give effect to orders, prevent abuse of process and secure the ends of justice. Leading cases: State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335; Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, (2021) 19 SCC 401; Gian Singh v. State of Punjab, (2012) 10 SCC 303. The Supreme Court has also expressly treated Section 528 as corresponding to Section 482 CrPC in 2025 BNSS jurisprudence.

Section 529 BNSS — Duty of High Court to exercise continuous superintendence over Courts

Places a continuing duty on High Courts to supervise subordinate criminal courts so cases are disposed of expeditiously and properly.

Section 530 BNSS — Trial and proceedings to be held in electronic mode

Expressly permits trials, inquiries, summons/warrants, witness examination, evidence recording, appeals and other proceedings through electronic communication or audio-video electronic means.

Section 531 BNSS — Repeal and savings

Repeals the CrPC, 1973 but saves specified appeals, applications, trials, inquiries and investigations that were pending immediately before BNSS commencement so that they continue under the CrPC. Transition analysis is stage-specific and can determine whether an old or new procedure governs.

Leading Supreme Court case-law map for BNSS practice

• Arrest: Joginder Kumar; D.K. Basu; Arnesh Kumar.
• FIR: Lalita Kumari, subject to new Section 173(3) text.
• Default bail: Uday Mohanlal Acharya; Rakesh Kumar Paul; M. Ravindran.
• Complaint cognizance: Parvinder Singh v. Directorate of Enforcement, 2026 INSC 519.
• Discharge: Debendra Nath Padhi; Sajjan Kumar; P. Vijayan.
• Additional accused: Hardeep Singh.
• Compounding/quashing settlement: Gian Singh; Narinder Singh.
• Anticipatory bail: Gurbaksh Singh Sibbia; Sushila Aggarwal.
• Inherent powers/quashing: Bhajan Lal; Neeharika Infrastructure; Gian Singh.

When old CrPC judgments still apply under BNSS

Pre-BNSS criminal-procedure precedent does not disappear simply because section numbers changed. Where the BNSS provision is materially pari materia, settled principles may continue to guide interpretation. But practitioners should verify: (1) whether the BNSS text changed the rule, (2) whether a new proviso, timeline or technology requirement alters the result, and (3) whether Section 531 saves the CrPC for the particular pending proceeding.

Primary legal sources

• India Code — Bharatiya Nagarik Suraksha Sanhita, 2023
• Ministry of Home Affairs — commencement notification dated 23 February 2024
• India Code — Code of Criminal Procedure, 1973

Conclusion

The BNSS is not merely a renumbered CrPC. Many provisions preserve established procedure, but significant changes affect arrest, digital processes, forensic investigation, remand, complaint cognizance, trial in absentia, undertrial release and electronic proceedings. For court use, identify the exact BNSS section, read the full enacted text and connected provisions, resolve the Section 531 transition issue, and only then apply older CrPC precedent where the statutory premise remains intact.

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This article is published for legal education and general reference. It is not solicitation and is not a substitute for advice on the facts of a specific case. Statutory text, notifications, amendments and binding judgments should be verified from official sources before filing or relying on any proposition in court.