bnsscrpccriminal-lawupdate

BNSS 2023: What Changed from CrPC

The Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure on 1 July 2024. Here's what changed for criminal appeals, revision, and inherent powers.

The Transition

On 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) as the primary criminal procedural law in India. This was part of a larger overhaul that also replaced the IPC with BNS and the Indian Evidence Act with BSA.

For practitioners working with post-judgment remedies, the key question is: which sections of CrPC map to which sections of BNSS?

Key Section Mapping

Topic CrPC Section BNSS Section What Changed
Appeals from convictions 374 415 Added sub-section (4): appeals against BNS ss. 64-71 must be disposed within 6 months
Appeal against HC conviction reversal 379 420 Substantively identical
Calling for records (revision) 397 438 Clarified that Executive Magistrates are also "inferior" for revision purposes
HC's powers of revision 401 442 Added sub-section (5): HC can treat a mistaken revision application as an appeal
Inherent powers of HC 482 528 Identical — "Sanhita" replaces "Code"

What Stays the Same

The core procedural framework hasn't changed dramatically for post-judgment matters:

  • Limitation periods remain the same — the Limitation Act, 1963 governs these independently
  • Appeal hierarchy unchanged — Magistrate → Sessions → High Court → Supreme Court
  • SLP provisions unchanged — Article 136 of the Constitution still governs
  • Review provisions — SC Rules 2013 continue to apply

What's New in BNSS

A few notable additions relevant to practitioners:

  1. Mandatory timelines — Section 415(4) requires disposal of certain appeals within 6 months
  2. Revision flexibility — Section 442(5) allows HC to convert a wrongly-filed revision into an appeal
  3. Electronic proceedings — BNSS adds provisions for electronic filing and video conferencing throughout
  4. Zero FIR — FIR can be filed at any police station regardless of jurisdiction

Transitional Provisions

Cases filed before 1 July 2024 continue under CrPC. Cases filed after that date fall under BNSS. This means practitioners may need to reference both laws for some time.

Our Limitation Calculator already cites both — each criminal procedure reference shows the BNSS section with the former CrPC section noted. For example: "Section 415, BNSS 2023 (formerly Section 374, CrPC)".

Both the CrPC and BNSS are available in our Legal Reference Library with full section text and verified external links.

Further Reading