In line with Bar Council of India rules, this website is for information only. It is not an advertisement or a solicitation of work.

Courts & procedure

What is the new BNSS section for an old CrPC section? (CrPC to BNSS conversion table)

General legal informationUpdated

Reading time
8 min
Sections
9
Questions
6
Official sources
4
On this page

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 sectionSubjectBNSS sectionNote
154Information in cognizable cases (FIR)173Oral, written or electronic information, whatever the area (zero FIR and e-FIR)
154(3)Complaint to the Superintendent of Police when FIR is refused173(4)
156(3)Magistrate's order directing investigation175(3)An application to the SP must ordinarily be made first
157Procedure for investigation176
160Police power to require attendance of witnesses179
161Examination of witnesses by police180
164Recording of confessions and statements by Magistrate183
167Procedure when investigation cannot be completed in 24 hours (remand)187
167(2)Default bail if charge sheet not filed in 60 or 90 days187(3)
173Police report on completion of investigation (charge sheet)193
174Police inquiry and report on suicide or unnatural death194
91Summons to produce a document or thing94
93When a search warrant may be issued96
100Persons in charge of closed place to allow search103
102Police power to seize property106

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 sectionSubjectBNSS sectionNote
41When police may arrest without warrant35
41ANotice of appearance before police35(3)
41DRight to meet an advocate during interrogation38
46Arrest, how made43
50Grounds of arrest and right to bail to be told47
50ADuty to inform a nominated person of the arrest48
54Medical examination of arrested person53
56Person arrested to be taken before Magistrate or officer in charge57
57Detention not to exceed 24 hours58
70Form of warrant of arrest72
82Proclamation for person absconding84

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 sectionSubjectBNSS sectionNote
436Bail in bailable offences478
436AMaximum period of detention of an undertrial479One-third of the maximum sentence for a first-time offender
437Bail in non-bailable offences (Magistrate)480
438Anticipatory bail482
439Special powers of High Court and Sessions Court on bail483
440Amount of bond and its reduction484
389Suspension of sentence and bail pending appeal430

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 sectionSubjectBNSS sectionNote
125Maintenance of wife, children and parents144
126Procedure in maintenance cases145
127Alteration in allowance146
128Enforcement of maintenance order147
107Security for keeping the peace126
133Conditional order for removal of public nuisance152
144Urgent orders in cases of nuisance or apprehended danger163
145Dispute concerning land or water likely to cause breach of peace164

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 sectionSubjectBNSS sectionNote
2(d)Definition of "complaint"2(1)(h)
177Ordinary place of inquiry and trial197
178Place of inquiry or trial (uncertain or several areas)198
190Cognizance of offences by Magistrates210
195Prosecution for contempt of public servants and offences relating to documents in court215
197Sanction for prosecution of judges and public servants218
200Examination of complainant223Accused to be given a chance to be heard before cognizance
202Postponement of issue of process (inquiry)225
204Issue of process227
468Bar to taking cognizance after the limitation period514

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 sectionSubjectBNSS sectionNote
207Supply of police report and documents to the accused230Copies within 14 days of first appearance
227Discharge in a Sessions case250Discharge application within 60 days of commitment
239Discharge in a warrant case on police report262
300Person once convicted or acquitted not to be tried again337
309Power to postpone or adjourn proceedings346
311Power to summon material witness348
313Power to examine the accused351
320Compounding of offences359
357Order to pay compensation395
357AVictim compensation scheme396

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 sectionSubjectBNSS sectionNote
372No appeal except as provided (victim's right of appeal)413
374Appeals from convictions415
378Appeal in case of acquittal419
397Calling for records to exercise revision438
401High Court's powers of revision442
406Supreme Court's power to transfer cases446
407High Court's power to transfer cases447
428Period of detention undergone set off against sentence468
451Custody of property pending trial497
457Procedure on seizure of property by police503
482Saving of inherent powers of the High Court528
483High Court's duty of superintendence over Magistrates529

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

OdiaTransliterationMeaning
ଧାରାdharasection (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

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.

Published by

Chambers of Dhwanit Mishra, Advocate

Enrolled with the State Bar Council of Odisha; chambers at Patia, Bhubaneswar. Written as general information on the law and procedures in Odisha, checked against the official sources listed above. It is not legal advice and does not create an advocate–client relationship.

Contact

Contact details

Meetings by prior appointment in Patia, Bhubaneswar.