CrPC 1973 vs BNSS 2023Complete Overview, Chapters & Key Changes
The Code of Criminal Procedure 1973 (CrPC) governed every step of India's criminal justice process — from FIR to final judgment. Replaced by BNSS 2023 from July 1, 2024, it introduced forensics mandates, extended timelines, and strengthened victim rights.
Brief History of CrPC
1861: First Code of Criminal Procedure enacted — applicable in British India during colonial rule.
1898: Revised CrPC — consolidated procedure for cognizance, inquiry, bail, and trial.
1973: Current CrPC enacted — major overhaul separating judicial and executive Magistrates. Came into force January 1, 1974.
Key amendments: 2005 (adding S.41A notice procedure), 2008 (S.436A default bail), 2018 (S.357A victim compensation), and post-Nirbhaya reforms.
2024: BNSS 2023 replaces CrPC from July 1, 2024. All new cases use BNSS; pending cases continue under CrPC.
Most Important CrPC Sections
Frequently invoked provisions — with BNSS equivalents.
Chapter Guide
What every major chapter of CrPC covers — with BNSS mapping.
Preliminary & Jurisdiction
→ BNSS §1–5Definitions, jurisdiction of courts, local jurisdiction of Magistrates.
Classes of Courts & Magistrates
→ BNSS §6–10Hierarchy: Supreme Court → High Court → Sessions Court → Magistrate's Court. Magistrates 1st/2nd class.
Powers of Courts & Prosecutors
→ BNSS §11–15Section 160 — police questioning. Assignment of cases to Magistrates. Public Prosecutors.
Aid to the Magistracy
→ BNSS §16–23Persons aiding Magistrates/police. Village headmen's duties. Arms seizure.
Bail, Bonds & Security
KEY→ BNSS §24–26Bail in bailable/non-bailable offences (436–437), anticipatory bail (438), cancellation (439).
Processes
→ BNSS §27–33Summons (61–69), warrants of arrest (70–81), search warrants (93–98). Forms and service.
Provisions for Arrests
KEY→ BNSS §34–39Section 41 (power to arrest without warrant), 41A (notice of appearance), 46–56 (procedures on arrest), 57 (must produce within 24 hours).
Cognizance & Inquiry
→ BNSS §40–50Taking cognizance (190), committal to Sessions (209), inquiry by Magistrate, examination of witnesses.
Trial Procedure
KEY→ BNSS §51–58Triable by Sessions / Magistrate (1st/2nd class) / Summary trials. Framing charges (228). Conviction on plea of guilty (241).
Judgment, Appeals, Revision & Reference
KEY→ BNSS §59–67Judgment must be pronounced in open court (353). First appeal (374). Second appeal to HC (397). Reference to HC (395). Revision (397).
Execution of Sentences
→ BNSS §68–78Death sentence — Governor's mercy (413), postponement. Life imprisonment. Suspension, remission, commutation (432–435).
Special Provisions
→ BNSS §79–88Surrendered offenders. Proceedings under Chapter VIII (security for keeping peace), lunatics, maintenance (125–128).
8 Key Changes BNSS Makes to CrPC
What changed on July 1, 2024 for criminal procedure.
Forensics in Every Case
BNSS mandates forensic examination in offences punishable with 7+ years. States must establish forensic infrastructure.
Timelines Made Mandatory
BNSS adds specific timelines: chargesheet within 90 days (capital offences), judgement within 30 days (extendable to 45), trial to be concluded in 3 years.
Remand via Video
Accused can be remanded through electronic communication — first 15 days, spread across 40 days (vs CrPC's 15-day maximum).
Extended Remand
For serious offences (death/life), maximum police remand extended from 15 to 60 days — significant change for custody rights.
Undertrial Release (S.479)
Undertrial who has served half the maximum sentence for their offence must be released on bail — mandatory (was discretionary under CrPC 436A).
Victim Rights Strengthened
Mandatory informing of victim for bail hearings (S.479), 90-day timeline for chargesheet, attack on judicial delays.
Summary Trials Wider
Summary trial limit raised to offences with max 3 years imprisonment (from 2 years under CrPC) — faster disposal.
Electronic Records
Electronic search (digital warrants, online service of summons) now recognized. BNSS S.532 covers trial in absentia for proclaimed offenders.
CrPC 1973 vs BNSS 2023 — At a Glance
| Feature | CrPC 1973 | BNSS 2023 |
|---|---|---|
| Sections | 484 | 531 |
| Chapters | 37 | 35 |
| In Force | Jan 1, 1974 | Jul 1, 2024 |
| Police Remand (max) | 15 days | 15 days (non-serious) / 60 days (heinous) |
| Chargesheet for Death/Life | 60 days | 90 days |
| Default Bail | After 60 days (death/life) | After 90 days (death/life) |
| Summary Trial Limit | Offences up to 2 yrs | Offences up to 3 yrs |
| Forensics Mandatory | No specific rule | Yes — for offences punishable 7+ yrs |
| Electronic Summons | Not explicitly covered | Recognised and valid |
| Trial in Absentia | Not available | Yes — S.356 for proclaimed offenders |
| Victim bail hearing right | Not explicit | Mandatory notice to victim — S.479 |
Frequently Asked Questions
What is the CrPC?
The Code of Criminal Procedure 1973 (CrPC) was the principal legislation governing the procedure for criminal investigations, trials, and sentencing in India. It covered everything from how FIRs are filed, how accused are arrested, how bail is granted, how trials are conducted, and how judgments are delivered. It was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 from July 1, 2024.
What replaced CrPC?
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, enacted by Parliament in December 2023, replaced CrPC from July 1, 2024. BNSS has 531 sections — compared to CrPC's 484 sections. For all cases from July 1, 2024 onwards, BNSS applies. Pending cases continue under CrPC.
What is the 90-day default bail rule?
Under CrPC Section 167, if police fail to file a chargesheet within 60 days (for offences punishable up to death/life imprisonment) or 90 days, the accused gets an 'indefeasible right to bail' (default bail / statutory bail). Under BNSS, the timelines are 90 days for death/life offences and 60 days for others — reversed from CrPC.
What is the difference between CrPC 436 and 437?
CrPC 436 deals with bail in bailable offences — bail is a right here, not discretion. If a person is arrested for a bailable offence and offers bail, the police or court must release them. CrPC 437 deals with bail in non-bailable offences — here bail is at the court's discretion. Courts look at factors like flight risk, evidence tampering, and the nature of the offence.
What is anticipatory bail under CrPC 438?
Anticipatory bail (Section 438 CrPC / Section 482 BNSS) allows a person to apply to a Sessions Court or High Court for bail in anticipation of arrest. If granted, the person is released immediately on arrest, without having to go to police custody. It is commonly used in 498A cases, white-collar crimes, and political cases where misuse of law is feared.
How many sections does CrPC have vs BNSS?
CrPC 1973 has 484 sections in 37 chapters. BNSS 2023 has 531 sections in 35 chapters. BNSS is longer due to additional provisions on forensics, electronic trials, extended timelines, and mandatory processes that were guidelines / judgments under CrPC.
Legal Glossary
Key CrPC Legal Terms
The first written document recording information about a cognizable offence, lodged with police to set criminal law in motion.
criminalBail granted in anticipation of arrest � a pre-arrest order directing that the applicant be released if arrested.
criminalAn offence for which police can arrest without a warrant and investigate without prior magistrate permission.
criminalAn order sending the accused back into custody � police custody (investigation) or judicial custody (pending trial).
criminalThe final police report submitted to the magistrate after investigation, setting out offences and evidence against the accused.
criminalBrowse All CrPC Sections
Full text, bail status, and BNSS equivalents for all 484 CrPC sections.