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The short answer
This CrPC to BNSS conversion table lists the Bharatiya Nagarik Suraksha Sanhita, 2023 section for commonly used CrPC sections. Key ones: FIR 154 is BNSS 173, 41A notice is 35(3), anticipatory bail 438 is 482, regular bail 439 is 483, maintenance 125 is 144 and inherent powers 482 is 528. Proceedings pending on 1 July 2024 continue under the CrPC.
How to use this CrPC to BNSS conversion table
This CrPC to BNSS conversion table gives the section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that now corresponds to the most-used sections of the Code of Criminal Procedure, 1973 (CrPC). The BNSS replaced the CrPC across India, including Odisha, from 1 July 2024. It governs how FIRs are registered, how arrests and searches are made, bail, maintenance, trials and appeals. Each row was checked against the official section-by-section comparison prepared by the Central Academy for Police Training, Bhopal (Bureau of Police Research and Development) and against the BNSS text on India Code; rows that could not be verified are not included.
Keep three points in mind:
- Pending matters continue under the CrPC. Under Section 531(2)(a) of the BNSS, any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 continues under the CrPC. New proceedings started after that date follow the BNSS. Whether a particular application in an old case falls under the CrPC or BNSS has been argued in many courts; check the current position for your matter.
- The renumbering is not one-to-one. Some CrPC sections were merged or split, and many BNSS sections add time limits or new duties. Read the BNSS section itself.
- Cite the sub-section. For example, the CrPC 41A notice is now in BNSS 35(3), not simply "35".
People still search for the old numbers, such as "125 CrPC in BNSS", "438 CrPC new section" or "482 CrPC in BNSS". The answers: 125 is now 144, 438 is now 482, and 482 is now 528. For offences (IPC to BNS) see the IPC to BNS table; for evidence, see the Evidence Act to BSA table.
FIR, investigation, search and seizure
The FIR provision (CrPC 154) is now BNSS 173. It expressly allows information to be given by electronic communication, which must be signed by the informant within three days, and allows a police station to register information about an offence regardless of where it happened (zero FIR). Under BNSS 173(3), for offences punishable with three to seven years, the officer may, with permission from an officer not below the rank of Deputy Superintendent of Police, hold a preliminary enquiry within 14 days. See how to file an FIR in Odisha.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 154 | Information in cognizable cases (FIR) | 173 | Oral, written or electronic information, whatever the area (zero FIR and e-FIR) |
| 154(3) | Complaint to the Superintendent of Police when FIR is refused | 173(4) | |
| 156(3) | Magistrate's order directing investigation | 175(3) | An application to the SP must ordinarily be made first |
| 157 | Procedure for investigation | 176 | |
| 160 | Police power to require attendance of witnesses | 179 | |
| 161 | Examination of witnesses by police | 180 | |
| 164 | Recording of confessions and statements by Magistrate | 183 | |
| 167 | Procedure when investigation cannot be completed in 24 hours (remand) | 187 | |
| 167(2) | Default bail if charge sheet not filed in 60 or 90 days | 187(3) | |
| 173 | Police report on completion of investigation (charge sheet) | 193 | |
| 174 | Police inquiry and report on suicide or unnatural death | 194 | |
| 91 | Summons to produce a document or thing | 94 | |
| 93 | When a search warrant may be issued | 96 | |
| 100 | Persons in charge of closed place to allow search | 103 | |
| 102 | Police power to seize property | 106 |
Arrest: 41, 41A and 50 CrPC in BNSS
The arrest provisions (CrPC 41 to 60A) are now BNSS 35 to 62. The notice of appearance that people know as "41A notice" is BNSS 35(3). A new rule in BNSS 35(7) says that for an offence punishable with less than three years, a person who is infirm or above 60 years cannot be arrested without the permission of an officer not below the rank of Deputy Superintendent of Police. See if an FIR is registered against you.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 41 | When police may arrest without warrant | 35 | |
| 41A | Notice of appearance before police | 35(3) | |
| 41D | Right to meet an advocate during interrogation | 38 | |
| 46 | Arrest, how made | 43 | |
| 50 | Grounds of arrest and right to bail to be told | 47 | |
| 50A | Duty to inform a nominated person of the arrest | 48 | |
| 54 | Medical examination of arrested person | 53 | |
| 56 | Person arrested to be taken before Magistrate or officer in charge | 57 | |
| 57 | Detention not to exceed 24 hours | 58 | |
| 70 | Form of warrant of arrest | 72 | |
| 82 | Proclamation for person absconding | 84 |
Bail: 437, 438, 439 and 436A CrPC in BNSS
Regular bail before the Magistrate (CrPC 437) is BNSS 480, anticipatory bail (CrPC 438) is BNSS 482, and the bail powers of the Sessions Court and High Court (CrPC 439) are BNSS 483. The full process, including how bail applications are numbered in the Orissa High Court, is in bail in Odisha.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 436 | Bail in bailable offences | 478 | |
| 436A | Maximum period of detention of an undertrial | 479 | One-third of the maximum sentence for a first-time offender |
| 437 | Bail in non-bailable offences (Magistrate) | 480 | |
| 438 | Anticipatory bail | 482 | |
| 439 | Special powers of High Court and Sessions Court on bail | 483 | |
| 440 | Amount of bond and its reduction | 484 | |
| 389 | Suspension of sentence and bail pending appeal | 430 |
Maintenance (125 CrPC is now 144 BNSS) and preventive orders
The maintenance provision for a wife, children and parents (CrPC 125) is now BNSS 144, with procedure, alteration and enforcement in Sections 145 to 147. The substance of the right is unchanged. See maintenance claims in Odisha.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 125 | Maintenance of wife, children and parents | 144 | |
| 126 | Procedure in maintenance cases | 145 | |
| 127 | Alteration in allowance | 146 | |
| 128 | Enforcement of maintenance order | 147 | |
| 107 | Security for keeping the peace | 126 | |
| 133 | Conditional order for removal of public nuisance | 152 | |
| 144 | Urgent orders in cases of nuisance or apprehended danger | 163 | |
| 145 | Dispute concerning land or water likely to cause breach of peace | 164 |
Complaint cases, cognizance and limitation
A private complaint to a Magistrate (CrPC 200) is now under BNSS 223. A new proviso requires the Magistrate to give the accused an opportunity of being heard before taking cognizance on a complaint. Complaint cases such as cheque bounce under the Negotiable Instruments Act follow this route; see cheque bounce cases.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 2(d) | Definition of "complaint" | 2(1)(h) | |
| 177 | Ordinary place of inquiry and trial | 197 | |
| 178 | Place of inquiry or trial (uncertain or several areas) | 198 | |
| 190 | Cognizance of offences by Magistrates | 210 | |
| 195 | Prosecution for contempt of public servants and offences relating to documents in court | 215 | |
| 197 | Sanction for prosecution of judges and public servants | 218 | |
| 200 | Examination of complainant | 223 | Accused to be given a chance to be heard before cognizance |
| 202 | Postponement of issue of process (inquiry) | 225 | |
| 204 | Issue of process | 227 | |
| 468 | Bar to taking cognizance after the limitation period | 514 |
Trial
The BNSS adds several time limits to trials: copies of the police report and documents must be supplied within 14 days (Section 230), a discharge application in a Sessions case must be filed within 60 days of commitment (Section 250), and in a Sessions trial judgment is to be given within 30 days of the end of arguments, extendable to 45 days (Section 258; Section 392 sets 45 days after the trial ends for trials generally). Section 356 allows trial in absence of a proclaimed offender. For the stages of a trial, see the criminal trial process.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 207 | Supply of police report and documents to the accused | 230 | Copies within 14 days of first appearance |
| 227 | Discharge in a Sessions case | 250 | Discharge application within 60 days of commitment |
| 239 | Discharge in a warrant case on police report | 262 | |
| 300 | Person once convicted or acquitted not to be tried again | 337 | |
| 309 | Power to postpone or adjourn proceedings | 346 | |
| 311 | Power to summon material witness | 348 | |
| 313 | Power to examine the accused | 351 | |
| 320 | Compounding of offences | 359 | |
| 357 | Order to pay compensation | 395 | |
| 357A | Victim compensation scheme | 396 |
Appeals, revision and High Court powers: 482 CrPC in BNSS
The High Court's inherent power (CrPC 482), used to quash FIRs and proceedings, is now BNSS 528. In the Orissa High Court at Cuttack, such petitions are generally filed as CRLMC cases. See quashing an FIR in the Orissa High Court and criminal appeals and revisions.
| CrPC section | Subject | BNSS section | Note |
|---|---|---|---|
| 372 | No appeal except as provided (victim's right of appeal) | 413 | |
| 374 | Appeals from convictions | 415 | |
| 378 | Appeal in case of acquittal | 419 | |
| 397 | Calling for records to exercise revision | 438 | |
| 401 | High Court's powers of revision | 442 | |
| 406 | Supreme Court's power to transfer cases | 446 | |
| 407 | High Court's power to transfer cases | 447 | |
| 428 | Period of detention undergone set off against sentence | 468 | |
| 451 | Custody of property pending trial | 497 | |
| 457 | Procedure on seizure of property by police | 503 | |
| 482 | Saving of inherent powers of the High Court | 528 | |
| 483 | High Court's duty of superintendence over Magistrates | 529 |
New provisions with no CrPC counterpart
- Section 105: audio-video recording of searches and seizures, preferably by mobile phone.
- Section 176(3): a forensic team must visit the crime scene for offences punishable with seven years or more.
- Section 193(3): the police must inform the informant or victim of the progress of investigation within 90 days.
- Section 530: trials, inquiries and proceedings may be held in electronic mode.
For the official text, read the BNSS on India Code. Information about criminal work handled is on the criminal practice area page and court addresses are under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଧାରା | dhara | section (of a law) |
Frequently asked questions
What is 125 CrPC in BNSS?
Maintenance of wife, children and parents (CrPC 125) is now Section 144 of the BNSS. Procedure, alteration and enforcement are in Sections 145, 146 and 147.
What is the new section for 438 CrPC?
Anticipatory bail is now Section 482 of the BNSS. Regular bail powers of the Sessions Court and High Court (CrPC 439) are in BNSS 483.
What is 482 CrPC in BNSS?
The High Court's inherent powers (CrPC 482) are now Section 528 of the BNSS. Petitions to quash FIRs or proceedings are filed under this section.
What is 41A CrPC in BNSS?
The notice of appearance before the police officer is now Section 35(3) of the BNSS, with the related duties and consequences in Sections 35(4) to 35(6).
What is 164 CrPC in BNSS?
Recording of confessions and statements by a Magistrate is now Section 183 of the BNSS.
Do pending cases continue under the CrPC?
Yes. Section 531(2)(a) of the BNSS says that any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 continues under the CrPC.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Comparison summary: BNSS 2023 to CrPC 1973 (CAPT Bhopal, BPR&D; hosted by Kerala Prisons Department)
- Bureau of Police Research and Development
- Orissa High Court, Cuttack
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.