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CrPC vs. BNNS.docx
CrPC vs. BNNS.docx
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COMPARISON SHEET
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Bharatiya Nagarik Suraksha
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Sanhita, 2023
[vis-a-vis Criminal Procedure Code, 1973]
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TABLE OF CONTENTS
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INDEX OF THE ACT
Chapter I Preliminary 1- 5
Chapter IX Security For Keeping The Peace And For Good 125- 143
Behaviour
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Chapter XII Preventive Action Of The Police 168- 172
Chapter XIII Information To The Police And Their Powers To 173- 196
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Investigate
Chapter XIV Jurisdiction Of The Criminal Courts In Inquiries And 197- 209
Trials
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Chapter XXXIII Transfer of Criminal Cases 446- 452
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Chapter XXXIV Execution, Suspension, Remission And Commutation 453- 477
Of Sentences
New BNSS- 39
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more fair, just and efficient.
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Comparison between CrPC, 1973 and BNSS, 2023
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2(k) Metropolitan area — —
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2(l) Non -cognizable offence 2(1)(o) Non cognizable offence
2(y) Words and expressions not 2(2) Words and expressions not defined.
defined
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4 Trial of offences under the Indian 4 Trial of offences under Bhartiya
Penal Code and other laws Nyaya Sanhita 2023 and other laws
5 Saving 5 Saving
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6 Classes of Criminal Courts 6 Classes of Criminal Courts
10 Subordination of Assistant — —
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Sessions Judges
16 Courts of Metropolitan — —
Magistrates
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18 Special Metropolitan Magistrates — —
19 Subordination of Metropolitan — —
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Magistrates
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several offences at one trial several offences at one trial
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33 Powers of officers appointed 27 Powers of officers appointed
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Si Powers of Judges and Magistrates Powers of Judges and Magistrates
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exercisable by their exercisable by their
successors-in-office successors-in-office
38 Aid to person, other than police 32 Aid to person, other than police
officer, executing warrant officer, executing warrant
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41D Right of arrested person to meet 38 Right of arrested person to meet
an advocate of his choice during an advocate of his choice during
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interrogation interrogation
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52 Power to seize offensive weapons 50 Power to seize offensive weapons
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medical practitioner at the practitioner at the request of police
request of police officer officer
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retake retake
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according to the Code according to the Sanhita
68 Proof of service in such cases and 70 Proof of service in such cases and
when serving officer not present when serving officer not present
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73 Warrant may be directed to any 75 Warrant may be directed to any
person person
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74 Warrant directed to police officer 76 Warrant directed to police officer
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attached property attached property
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application for restoration of application for restoration of
attached property attached property
arrest
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same
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aside declaration of forfeiture aside declaration of forfeiture
100 Persons in charge of closed place 103 Persons in charge of closed place
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to allow search to allow search
101 Disposal of things found in search 104 Disposal of things found in search
beyond jurisdiction beyond jurisdiction
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102 Power of police officer to seize 106 Power of police officer to seize
certain property certain property
103 Magistrate may direct search in 108 Magistrate may direct search in his
his presence presence
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attachment or forfeiture of attachment or forfeiture of
property property
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105D Identifying unlawfully acquired 116 Identifying unlawfully acquired
property property.
105J Certain transfers to be null and 122 Certain transfers to be null and
void void
107 Security for keeping the peace in 126 Security for keeping the peace in
other cases other cases
108 Security for good behavior from 127 Security for good behavior from
persons disseminating seditious persons disseminating seditious
matters matters
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109 Security for good behavior from 128 Security for good behavior from
suspected persons suspected persons
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110 Security for good behavior from 129 Security for good behavior from
habitual offenders habitual offenders
115 Power to dispense with personal 134 Power to dispense with personal
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attendance attendance
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122 Imprisonment in default of 141 Imprisonment in default of
security security
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123 Power to release persons 142 Power to release persons
imprisoned for failing to give imprisoned for failing to give
security security
124 Security for unexpired period of 143 Security for unexpired period of
bond bond
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125 Order for maintenance of wives, 144 Order for maintenance of wives,
children and parents children and parents
130 Use of armed forces to disperse 149 Use of armed forces to disperse
assembly assembly
133 Conditional order for removal of 152 Conditional order for removal of
nuisance nuisance
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134 Service or notification of order 153 Service or notification of order
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addressed to obey or show cause addressed to obey or show cause
141 Procedure on order being made 160 Procedure on order being made
absolute and consequences of absolute and consequences of
disobedience disobedience
144 Power to issue order in urgent 163 Power to issue order in urgent
cases of nuisance or cases of nuisance or apprehended
apprehended danger danger
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mass training with arms
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concerning land or water is likely concerning land or water is likely to
to cause breach of peace cause breach of peace
151 Arrest to prevent the commission 170 Arrest to prevent the commission
of cognizable offences of cognizable offences
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investigate cognizable cases cognizable case
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158 Report how submitted 177 Report how submitted
164A Medical examination of the victim 184 Medical examination of the victim
of rape of rape
166 When officer in charge of police 186 When officer in charge of police
station may require another to station may require another to
issue search warrant issue search-warrant
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166B Letter of request from a country 113 Letter of request from a country
or place outside India to a Court or place outside India to a Court
or an authority for investigation or an authority for investigation in
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in India India
171 Complainant and witnesses not 191 Complainant and witnesses not to
to be required to accompany be required to accompany police
police officer and not to be officer and not to be subjected to
subjected to restraint restraint
174 Police to enquire and report on 194 Police to enquire and report on
suicide, etc. suicide, etc.
176 Inquiry by Magistrate into cause 196 Inquiry by Magistrate into cause of
of death death
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177 Ordinary place of inquiry and trial 197 Ordinary place of inquiry and trial
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178 Place of inquiry or trial 198 Place of inquiry or trial
179 Offence triable where act is done 199 Offence triable where act is done
or consequence ensues or consequence ensues
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180 Place of trial where act is an Place of trial where act is an
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offence by reason of relation to offence by reason of relation to
other offence other offence
181 Place of trial in case of certain 201 Place of trial in case of certain
offences offences
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182 Offences committed by letters, 202 Offences committed by means of
etc. electronic communications, letters,
etc.
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184 Place of trial for offences triable 204 Place of trial for offences triable
together together
185 Power to order cases to be tried 205 Power to order cases to be tried in
in different sessions divisions different sessions divisions
188 Offence committed outside India 208 Offence committed outside India
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189 Receipt of evidence relating to 209 Receipt of evidence relating to
offences committed outside India offences committed outside India
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190 Cognizance of offences by 210 Cognizance of offences by
Magistrates Magistrates
196 Prosecution for offences against 217 Prosecution for offences against
the State and for criminal the State and for criminal
conspiracy to commit such conspiracy to commit such offence
offence
197 Prosecution of Judges and public 218 Prosecution of Judges and public
servants servants
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198 Prosecution for offences against 219 Prosecution for offences against
marriage marriage
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198A Prosecution of offences under 220 Prosecution of offences under
section 498A of the Indian Penal section 498A of the Bharatiya
Code Nyaya Sanhita, 2023
205 Magistrate may dispense with 228 Magistrate may dispense with
personal attendance of accused personal attendance of accused
207 Supply to the accused of copy of 230 Supply to the accused of copy of
police report and other police report and other
documents documents
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session Session
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Session when offence is triable Session when offence is triable
exclusively by it exclusively by it
212 Particulars as to time, place and 235 Particulars as to time, place and
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person person
214 Words in charge taken in sense of 237 Words in charge taken in sense of
law under which offence is law under which offence is
punishable punishable
216 Court may alter charge 239 Court may alter charge
218 Separate charges for distinct 241 Separate charges for distinct
offences offences
219 Three offences of same kind 242 Offences of same kind within year
within year may be charged may be charged together
together
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220 Trial for more than one offence 243 Trial for more than one offence
221 Where it is doubtful what offence 244 Where it is doubtful what offence
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has been committed has been committed
222 When offence proved included in 245 When offence proved included in
offence charged offence charged
223 What persons may be charged 246 What persons may be charged
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jointly jointly
226 Opening case for prosecution 249 Opening case for prosecution
230 Date for prosecution evidence 253 Date for prosecution evidence
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conviction conviction
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237 Procedure in cases instituted 260 Procedure in cases instituted
under section 199(2) under section 223(1)
238 Compliance with section 207 261 Compliance with section 231
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239 When accused shall be 262 When accused shall be discharged
discharged
246 Procedure where accused is not 269 Procedure where accused is not
discharged discharged
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251 Substance of accusation to be 274 Substance of accusation to be
stated stated
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253 Conviction on plea of guilty in 276 Conviction on plea of guilty in
absence of accused in petty cases absence of accused in petty cases
254 Procedure when not convicted 277 Procedure when not convicted
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255 Acquittal or conviction 278 Acquittal or conviction
265 Language of record and judgment 288 Language of record and judgment
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265A Application of the Chapter 289 Application of the Chapter
265B Application for plea bargaining 290 Application for plea bargaining
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265C Guidelines for mutually 291 Guidelines for mutually
satisfactory disposition satisfactory disposition
265H Power of the Court in plea 296 Power of the Court in plea
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bargaining bargaining
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prisoners prisoners
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operation of section 267 certain persons from operation of
section 302
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280 Remarks respecting demeanor of 315 Remarks respecting demeanor of
witness witness
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281 Record of examination of accused 316 Record of examination of accused
284 When attendance of witness may 319 When attendance of witness may
be dispensed with and be dispensed with and
commission issued commission issued
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285 Commission to whom to be 320 Commission to whom to be
issued issued
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287 Parties may examine witnesses 322 Parties may examine witnesses
292 Evidence of officers of the Mint 328 Evidence of officers of the Mint
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294 No formal proof of certain 330 No formal proof of certain
documents documents
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public servants public servants
304 Legal aid to accused at State 341 Legal aid to accused at State
expense in certain cases expense in certain cases
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306 Tender of pardon to accomplice 343 Tender of pardon to accomplice
307 Power to direct tender of pardon 344 Power to direct tender of pardon
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308 Trial of person not complying 345 Trial of person not complying with
with conditions of pardon conditions of pardon
313 Power to examine the accused 351 Power to examine the accused
317 Provision for inquiries and trial 355 Provision for inquiries and trial
being held in the absence of being held in the absence of
accused in certain cases accused in certain cases
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318 Procedure where accused does 357 Procedure where accused does
not understand proceedings not understand proceedings
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319 Power to proceed against other 358 Power to proceed against other
persons appearing to be guilty of persons appearing to be guilty of
offence offence
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unsound mind tried before Court mental illness tried before Court
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mind pending investigation or illness pending investigation or
trial trial
333 When accused appears to have 372 When accused appears to have
been of sound mind been of sound mind
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334 Judgment of acquittal on ground 373 Judgment of acquittal on ground
of unsoundness of mind of mental illness
335 Person acquitted on such ground 374 Person acquitted on such ground
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337 Procedure where lunatic prisoner 376 Procedure where prisoner with
is reported capable of making his mental illness is reported capable
defence of making his defence
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341 Appeal 380 Appeal
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342 Power to order costs 381 Power to order costs
344 Summary procedure for trial for 383 Summary procedure for trial for
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giving false evidence giving false evidence
351 Appeals from convictions under 390 Appeals from convictions under
sections 344, 345, 349 and 350 sections 383, 384, 388 and 389
352 Certain Judges and Magistrates 391 Certain Judges and Magistrates
not to try certain offences when not to try certain offences when
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committed before themselves committed before themselves
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354 Language and contents of 393 Language and contents of
judgment judgment
362 Court not to alter judgment 403 Court not to alter judgment
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363 Copy of judgment to be given to 404 Copy of judgment to be given to
the accused and other persons the accused and other persons
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364 Judgment when to be translated 405 Judgment when to be translated
365 Court of Session to send copy of 406 Court of Session to send copy of
finding and sentence to District finding and sentence to District
Magistrate Magistrate
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366 Sentence of death to be submitted 407 Sentence of death to be
by Court of Session for submitted by Court of Session for
confirmation confirmation
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367 Power to direct further inquiry to 408 Power to direct further inquiry to
be made or additional evidence to be made or additional evidence to
be taken be taken
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368 Power of High Court to confirm 409 Power of High Court to confirm
sentence or annul conviction sentence or annul conviction
372 No appeal to lie unless otherwise 413 No appeal to lie unless otherwise
provided provided
373 Appeal from orders requiring 414 Appeal from orders requiring
security or refusal to accept or security or refusal to accept or
rejecting surety for keeping peace rejecting surety for keeping peace
or good behavior or good behavior
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374 Appeals from convictions 415 Appeals from convictions
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375 No appeal in certain cases when 416 No appeal in certain cases when
accused pleads guilty accused pleads guilty
377 Appeal by the State Government 418 Appeal by the State Government
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against sentence against sentence
379 Appeal against conviction by High 420 Appeal against conviction by High
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Court in certain cases Court in certain cases
380 Special right of appeal in certain 421 Special right of appeal in certain
cases cases
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381 Appeal to Court of Session how 422 Appeal to Court of Session how
heard heard
383 Procedure when appellant in jail 424 Procedure when appellant in jail
386 Powers of the Appellate Court 427 Powers of the Appellate Court
388 Order of High Court on appeal to 429 Order of High Court on appeal to
be certified to lower Court be certified to lower Court
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389 Suspension of sentence pending 430 Suspension of sentence pending
the appeal; release of appellant on the appeal; release of appellant
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bail on bail
390 Arrest of accused in appeal from 431 Arrest of accused in appeal from
acquittal acquittal
391 Appellate Court may take further 432 Appellate Court may take further
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evidence or direct it to be taken evidence or direct it to be taken
392 Procedure where Judges of Court 433 Procedure where Judges of Court
of Appeal are equally divided of Appeal are equally divided
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393 Finality of judgments and orders 434 Finality of judgments and orders
on appeal on appeal
397 Calling for records to exercise 438 Calling for records to exercise
powers of revision powers of revision
401 High Court’s powers of revision 442 High Court’s powers of revision
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402 Power of High Court to withdraw 443 Power of High Court to withdraw
or transfer revision cases or transfer revision cases
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403 Option of Court to hear parties 444 Option of Court to hear parties
407 Power of High Court to transfer 447 Power of High Court to transfer
cases and appeals cases and appeals
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409 Withdrawal of cases and appeals 449 Withdrawal of cases and appeals
by Sessions Judges by Session Judge
413 Execution of order passed under 453 Execution of order passed under
section 368 section 410
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415 Postponement of execution of 455 Postponement of execution of
sentence of death in case of sentence of death in case of
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appeal to Supreme Court appeal to Supreme Court
420 Warrant with whom to be lodged 460 Warrant with whom to be lodged
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421 Warrant for levy of fine 461 Warrant for levy of fine
423 Warrant for levy of fine issued by a 463 Warrant for levy of fine issued by
Court in any territory to which this a Court in any territory to which
Code does not extend this Sanhita does not extend
425 Who may issue warrant 465 Who may issue warrant
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428 Period of detention undergone by 468 Period of detention undergone by
the accused to be set off against the accused to be set off against
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the sentence of imprisonment the sentence of imprisonment
436 In what cases bail to be taken 478 In what cases bail to be taken
436A Maximum period for which an 479 Maximum period for which an
undertrial prisoner can be undertrial prisoner can be
detained detained
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437 When bail may be taken in case of 480 When bail may be taken in case of
non-bailable offence non-bailable offence
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437A Bail to require accused to appear 481 Bail to require accused to appear
before next Appellate Court before next appellate Court
438 Direction for grant of bail to 482 Direction for grant of bail to
person apprehending arrest person apprehending arrest
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439 Special powers of High Court or 483 Special powers of High Court or
Court of Session regarding bail Court of Session regarding bail
440 Amount of bond and reduction 484 Amount of bond and reduction
thereof thereof
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441 Bond of accused and sureties 485 Bond of accused and sureties
443 Power to order sufficient bail when 488 Power to order sufficient bail
that first taken is insufficient when that first taken is
insufficient
446 Procedure when bond has been 491 Procedure when bond has been
forfeited forfeited
446A Cancellation of bond and bail-bond 492 Cancellation of bond and bail
bond
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forfeited forfeited
448 Bond required from minor 494 Bond required from minor
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449 Appeal from orders under section 495 Appeal from orders under section
446 446
450 Power to direct levy of amount due 496 Power to direct levy of amount
on certain recognizances due on certain recognizances
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451 Order for custody and disposal of 497 Order for custody and disposal of
property pending trial in certain property pending trial in certain
cases cases
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452 Order for disposal of property at 498 Order for disposal of property at
conclusion of trial conclusion of trial
454 Appeal against orders under 500 Appeal against orders under
section 452 or section 453 section 498 or section 499
455 Destruction of libelous and other 501 Destruction of libelous and other
matter matter
457 Procedure by police upon seizure 503 Procedure by police upon seizure
of property of property
459 Power to sell perishable property 505 Power to sell perishable property
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460 Irregularities which do not vitiate 506 Irregularities which do not vitiate
proceedings proceedings
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461 Irregularities which vitiate 507 Irregularities which vitiate
proceedings proceedings
466 Defect or error not to make 512 Defect or error not to make
attachment unlawful attachment unlawful
468 Bar to taking cognizance after 514 Bar to taking cognizance after
lapse of the period of limitation lapse of the period of limitation
470 Exclusion of time in certain cases 516 Exclusion of time in certain cases
471 Exclusion of date on which Court is 517 Exclusion of date on which Court
closed is closed
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473 Extension of period of limitation in 519 Extension of period of limitation
certain cases in certain cases
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474 Trials before High Courts 520 Trials before High Courts
477 Power of High Court to make rules 523 Power of High Court to make
rules
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478 Power to alter functions allotted to 524 Power to alter functions allocated
Executive Magistrates in certain to Executive Magistrate in certain
cases cases
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479 Cases in which Judge or Magistrate 525 Case in which Judge or Magistrate
is personally interested is personally interested
480 Practising pleader not to sit as 526 Practising advocate not to sit as
Magistrate in certain Courts Magistrate in certain Courts
481 Public servant concerned in sale 527 Public servant concerned in sale
not to purchase or bid for property not to purchase or bid for
property
483 Duty of High Court to exercise 529 Duty of High Court to exercise
continuous superintendence over continuous superintendence over
Courts of Judicial Magistrates Courts
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Repealed, Added and Amended Sections of CrPC, 1973
REPEALED/OMITTED
SECTION HEADING
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Section 2(f) "India"
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Section 404 Statement by metropolitan Magistrate of grounds of his deci-
sion to be considered by High Court.
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NEWLY ADDED/INSERTED
SECTION HEADING
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Major Highlights of the Bharatiya Nagarik Suraksha
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Sanhita Act, 2023
● The BNSS Act under section 176 requires forensic investigation for crimes punished
with 7 years’ imprisonment or more. The appointed experts will visit, gather and
document the process.
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● Electronic mode is permitted for all trials, inquiries, and proceeding under section 173 of
BNSS Act.
● If a proclaimed offender avoids trial by absconding, the judgment can be pronounced in
their absence under section 356 of BNSS Act.
● Earlier CrPC permits medical examination, including rape cases, conducted by a
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registered medical practitioner upon request of a sub- inspector, but now BNSS Act
expands this by allowing any police officer to make such a request.
● The concept of Zero FIR is introduced under section 173(1) and mandates police
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● The BNSS Act extends the power of attachment of property to immovable properties.
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