BNSS 2023 vs CrPC 1973: Exhaustive Phase 1 (Sections 1-62) Mapping
Phase 1: Detailed Comparison ⚖️
Exhaustive Mapping of Sections 1 to 62 (BNSS 2023)
| CrPC | Provision Details (Section & Sub-sections) | BNSS | Status & Detailed Changes |
|---|---|---|---|
| Chapter I: Preliminary | |||
| 1 | Short title, extent and commencement (1)(2)(3) Application to Nagaland/Tribal areas | 1 | BNSS 2023. References to J&K removed. Unified application. |
| 2 | Definitions (a) Bailable (b) Charge (c) Cognizable (d) Complaint | 2(1) | Re-ordered. 2(1)(b) adds Audio-Video means. 2(1)(i) adds Electronic Communication. |
| 3 | Construction of references (1) to (4) Interpretations of Magistrates | 3 | Magistrate references updated to suit new BNSS hierarchy. |
| 4 | Trial of offences under BNS and other laws | 4 | Updated to align with Bharatiya Nyaya Sanhita (BNS). |
| 5 | Saving Protection of special or local laws | 5 | Maintains status quo for existing special/local laws. |
| Chapter II: Constitution of Criminal Courts | |||
| 6 | Classes of Criminal Courts (i) Session (ii) JMFC (iii) JMSC (iv) Executive | 6 | Metropolitan Magistrate class abolished. (Note: Shifted from Sec 4 in earlier drafts to Sec 6 in final BNSS). |
| 7 | Territorial divisions (1) Session divisions (2) Districts | 7 | State Govt powers to alter divisions maintained. |
| 8 | Metropolitan areas | — | OMITTED. No distinction for cities > 1 million. |
| 9 | Court of Session (1) Establish (2) Judge (3) Addl. Judge | 8 | Identical structure for Session Courts. |
| 11 | Courts of JMFC and JMSC | 9 | Judicial Magistrate of First and Second Class. |
| 12 | CJM and Addl. CJM (1) Appoint CJM (2) Addl. CJM | 10 | Chief Judicial Magistrate appointments. |
| 20 | Executive Magistrates (1) District Magistrate (2) Addl. DM | 14 | Powers of Executive branch maintained. |
| 24 | Public Prosecutors (1) to (9) Eligibility and Appointment | 18 | Includes Special Public Prosecutors. |
| 25A | Directorate of Prosecution (1) Director (2) Deputy Directors | 20 | Stronger administrative control over prosecutors. |
| Chapter III: Power of Courts | |||
| 28 | Sentences High Courts and Session Judges | 22 | Session Judge can pass any sentence authorized by BNS. |
| 29 | Sentences Magistrates may pass (1) JMFC - 3yr/₹50k (2) JMSC - 1yr/₹10k | 23 | Increased Fine: JMFC fine limit raised from 10k to 50k. |
| Chapter V: Arrest of Persons | |||
| 41 | Arrest without warrant (1)(a) to (i) Conditions for arrest | 35(1) | Safeguard: For offences < 3 years, arrest only with prior permission of senior officer. |
| 41A | Notice of appearance before police | 35(3) | Now a sub-section of 35. Mandatory where arrest is not required. |
| 41B | Procedure of arrest and duties of officer | 36 | Preparation of Arrest Memo is mandatory. |
| 41C | Control Rooms at Districts | 37 | Mandates Digital display of arrested persons list. |
| 43 | Arrest by private person | 40 | Must produce arrested person before police within 6 hours. |
| 46 | Arrest how made (1) Touch/Confine (4) Arrest of Women | 43 | Handcuffs: 43(3) allows handcuffs for organized crime, rape, murder, etc. |
| 47 | Search of place entered by person sought | 44 | Police power to break open doors for arrest. |
| 50A | Inform person nominated by arrested | 48 | Duty of police to inform the nominee immediately. |
| 51 | Search of arrested person | 49 | Seizure of articles other than necessary clothing. |
| 53 | Examination of accused by medical practitioner | 51 | Examination at request of police officer. |
| 54 | Mandatory examination of arrested person | 53 | Mandatory health check-up upon arrest. |
| 54A | Identification of person arrested (TIP) | 54 | Test Identification Parade provisions. |
| 55A | Health and safety of arrested person | 56 | Duty of person having custody. |
| 57 | Person arrested not to be detained > 24h | 58 | Constitutional protection against illegal detention. |
| 60A | Arrest to be made strictly according to Code | 62 | Ensures procedural legality. |
📊 Phase 1 Summary
This phase (Sec 1-62) establishes the legal machinery and custodial rules.
- No Metro Cities: All districts follow the same court hierarchy.
- Tech-Ready: Definitions now cover data, logs, and video conferencing.
- Arrest Safeguards: Section 35(1) BNSS prevents arbitrary arrest for minor offences (punishable by < 3 years) by requiring permission.
⚡ Critical Subsection Shifts
Note these specific sub-clause changes:
BNSS 35(3): Replaces CrPC 41A (Notice of Appearance).
BNSS 43(3): Legalizes Handcuffs for heinous crimes.
BNSS 23: Increases JMFC Fine limit to ₹50,000.
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