CrPC to BNSS: Key Section Changes You Should Know

The CrPC to BNSS section numbers have changed significantly. The Code of Criminal Procedure, 1973 contained 484 sections, while the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains 531 sections. Familiar CrPC provisions have been renumbered, and some section numbers now refer to completely different subjects under the BNSS.

This creates a practical risk when using CrPC and BNSS section numbers. For example, Section 482 CrPC dealt with the inherent powers of the High Court, whereas Section 482 BNSS deals with anticipatory bail. Lawyers and legal professionals should therefore verify the applicable BNSS section before drafting pleadings, citing precedents or referring to provisions of criminal procedure.

The Threshold Question: Which Code Applies?

The BNSS came into force on 1 July 2024. The date of the offence decides which code governs:

• offence on or before 30 June 2024 — investigated and tried under the CrPC;
• offence on or after 1 July 2024 — under the BNSS.

The date of arrest, of filing, or of trial does not decide it. Both codes therefore operate in parallel, and will for years.

CrPC to BNSS Section Comparison: Key Provisions

The two entries that cause the most confusion sit next to each other in the old code and have swapped positions in the new one: inherent powers moved from 482 CrPC to 528 BNSS, while anticipatory bail moved from 438 CrPC to 482 BNSS.

Changes of Substance, Not Just Numbering

Several provisions did more than move.

Section 173 — FIR. Zero FIR is now statutory: information may be recorded at any police station regardless of jurisdiction and transferred to the station concerned. Information may be given by electronic means, subject to the conditions the section imposes. And a preliminary enquiry of up to fourteen days is permitted, with prior permission of an officer of the prescribed rank, for offences punishable with three years or more but less than seven.

Section 187 — custody. The framework of judicial and police custody is retained, but the fifteen days of police custody may now be sought in parts, spread across the initial period of detention the section specifies, rather than being confined to the first fifteen days from arrest as under Section 167 CrPC. This is among the most significant practical departures in the entire Sanhita.

Section 479 — undertrial detention. Section 436A CrPC entitled an undertrial to release on bond after detention for one-half of the maximum sentence. Section 479 retains that, and adds a more favourable rule for a first-time offender — a person never previously convicted — who becomes entitled to release on bond after detention for one-third of the maximum sentence. The section carries exceptions, and its application to persons already in custody when the Sanhita came into force has been the subject of consideration by the Supreme Court.

Section 43(3) — handcuffs. Express restrictions now govern the use of handcuffs, permitting them only in the categories the sub-section lists.

Sections 480 to 483 — bail. The substance of bail law carries over, but the Sanhita expressly contemplates conditions involving electronic monitoring and appearance through audio-video means.

New procedural features with no CrPC counterpart include mandatory forensic investigation for offences punishable with seven years or more; a duty to inform the informant or victim of the progress of investigation within ninety days; extensive provision for audio-video electronic means throughout investigation and trial; trial in absentia of proclaimed offenders; statutory timelines for framing charge and pronouncing judgment; and a defined procedure for mercy petitions in capital cases.

Practical Steps

Update templates and precedents. Bail applications, quashing petitions, complaints and standard notices carry hard-coded section numbers. A quashing petition filed under “Section 482” for a post-1 July 2024 offence is now, on its face, an anticipatory bail application.

Cite in the accepted form. Practice has settled on citing the BNSS provision first with the CrPC equivalent in parentheses — for example, “Section 483 BNSS (corresponding to Section 439 of the Code)”. It avoids objection and assists the court.

Check the offence date before anything else. It determines both the substantive law — Indian Penal Code or Bharatiya Nyaya Sanhita — and the procedural code.

Do not assume renumbering is the whole change. Sections 173, 187 and 479 all altered substance. Reading the new provision, rather than assuming the old text carried across, is the only safe approach.

How to Verify CrPC to BNSS Section Numbers

Concordance tables can help identify CrPC to BNSS section changes, but they may not always reflect the current legal position. For important issues such as limitation periods, bail rights or the scope of statutory powers, the relevant BNSS section should be checked against the bare text of the Sanhita rather than relying solely on a conversion chart. This helps ensure that the correct provision is cited and applied.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, rules, notifications or judicial developments. Section concordances should be verified against the bare text of the Sanhita, which is recent legislation whose interpretation is still developing. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Readers dealing with an actual matter should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here. Statutory provisions, notified figures, rules and case citations referred to in this article have been compiled from published legal materials and may contain errors or omissions, and may have changed since the date stated; no representation or warranty, express or implied, is given as to their accuracy, completeness or currency, and each should be independently verified against the official text or the official record before being relied upon. No liability is accepted for any loss arising from reliance on this article.

Sources / Authorities

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force 1 July 2024 — India Code, https://www.indiacode.nic.in
• Code of Criminal Procedure, 1973 (Act No. 2 of 1974) — India Code, https://www.indiacode.nic.in
• Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)
• Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)