BNSS 2023 vs CrPC 1973: Exhaustive Phase 3 Mapping (Sections 125-172)
BNSS Phase 3: Sections 125 to 172
Complete Mapping & Comparison with CrPC 1973
| CrPC | Provision/Section Details | BNSS | Status & Detailed Changes |
|---|---|---|---|
| Chapter X: Maintenance of Wives, Children and Parents | |||
| 125 | Order for maintenance (1) Wives (b) Children (d) Parents | 144 | Major Shift: Moved from Ch IX to Ch X. Rights of parents/spouse remain protected. |
| 126 | Procedure for maintenance (1) Jurisdiction (2) Evidence | 145 | Clarifies that proceedings can be in district where person resides. |
| 127 | Alteration in allowance (1) Proof of change (3) Cancellation | 146 | Provision for increasing/decreasing monthly allowance. |
| 128 | Enforcement of order of maintenance | 147 | Copy of order to be given free of cost to the person. |
| Chapter XI: Maintenance of Public Order & Tranquillity | |||
| 129 | Dispersal of assembly by civil force | 148 | Power to command unlawful assembly to disperse. |
| 130 | Use of armed forces to disperse assembly | 149 | Executive Magistrate's requisition power. |
| 131 | Power of certain armed force officers | 150 | Authority to act when Magistrate is unreachable. |
| 132 | Protection against prosecution for acts done | 151 | Immunity for officers acting in good faith. |
| Public Nuisances (Chapter XI) | |||
| 133 | Conditional order for removal of nuisance | 152 | Covers trade, building, or dangerous animals. |
| 134 | Service or notification of order | 153 | Served like a summons. |
| 135 | Person to obey order or show cause | 154 | Compliance or appearance before Magistrate. |
| 136 | Penalty for failure to obey | 155 | Liability under BNS (old IPC 188). |
| 137 | Procedure where existence of public right is denied | 156 | Inquiry into public right claims. |
| 138 | Procedure where person appears to show cause | 157 | Evidence collection by Magistrate. |
| 139 | Local investigation/Expert examination | 158 | Power to direct local inquiry. |
| 140 | Power of Magistrate to furnish written instructions | 159 | Guidance for local investigators. |
| 141 | Injunction pending inquiry | 160 | Immediate prevention of danger to life. |
| 142 | Magistrate may prohibit repetition of nuisance | 161 | Final order to stop nuisance. |
| Urgent Cases of Nuisance / Apprehended Danger | |||
| 144 | Power to issue order in urgent cases | 163 | Iconic Section Shift: Old Sec 144 is now Sec 163. Covers riots and danger to life. |
| 144A | Power to prohibit carrying arms in procession | 164 | DM's power for communal/public harmony. |
| Disputes as to Immovable Property | |||
| 145 | Procedure where dispute likely to cause breach | 165 | Land/water possession disputes. |
| 146 | Power to attach subject of dispute | 166 | Sealing of property and receiver appointment. |
| 147 | Dispute concerning right of use of land/water | 167 | Easement and usage rights. |
| 148 | Local inquiry | 168 | Written report by subordinate Magistrate. |
| Chapter XII: Preventive Action of the Police | |||
| 149 | Police to prevent cognizable offences | 169 | Duty to interpose to prevent crime. |
| 150 | Information of design to commit offences | 170 | Reporting plots to superiors. |
| 151 | Arrest to prevent commission of offences | 171 | Detention allowed for max 24 hours. |
| 152 | Prevention of injury to public property | 172 | Police power to protect public landmarks. |
📊 Phase 3 Summary
This phase covers the Social & Preventive Justice systems.
- Chapter Re-organization: Maintenance (formerly Chapter IX) is now Chapter X, and Preventive Action is Chapter XII.
- The "144" Legacy: The world-famous "Section 144" for curfews and emergency orders has transitioned to Section 163 BNSS.
- Property Disputes: Sections 165-167 maintain the power of Magistrates to prevent violence over land disputes.
⚡ Critical Section Shifts
Maintenance of Wives: 125 CrPC → 144 BNSS
Emergency Orders: 144 CrPC → 163 BNSS
Preventive Arrest: 151 CrPC → 171 BNSS
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