BNSS 2023 vs CrPC 1973: Exhaustive Phase 2 Mapping (Sections 63-124)
BNSS Phase 2: Sections 63 to 124
Detailed Mapping & Comparison with CrPC 1973
| CrPC | Section Title & Sub-sections | BNSS | Comparison Notes |
|---|---|---|---|
| Summons (Chapter VI) | |||
| 61 | Form of summons | 63 | Remains in writing and duplicate. |
| 62 | Summons how served | 64 | Police or public servant service. |
| — | Service of summons by electronic means | 65 | NEW Email, Phone, WhatsApp allowed. |
| 64 | Service on adult family member | 66 | Extended to include adult female members. |
| 65 | Procedure when service cannot be effected | 67 | Affixing to conspicuous part of house. |
| 66 | Service on Government servant | 68 | Sent to the Head of Office. |
| 67 | Service of summons outside jurisdiction | 69 | Sent to Magistrate of that area. |
| 68 | Proof of service in such cases | 70 | Affidavit of service by officer. |
| 69 | Service on witness by post | 71 | Includes electronic transmission. |
| Warrant of Arrest (Chapter VI) | |||
| 70 | Form of warrant and duration | 72 | Remains valid until executed/cancelled. |
| 71 | Power to direct security (Bailable) | 73 | Endorsement for release on security. |
| 72 | Warrants to whom directed | 74 | Police or any designated person. |
| 73 | Warrant may be directed to any person | 75 | Chief Judicial Magistrate's power. |
| 74 | Warrant directed to police officer | 76 | Officer's name endorsed. |
| 75 | Notification of substance of warrant | 77 | Mandatory show of warrant on demand. |
| 76 | Person arrested to be brought before Court | 78 | The 24-hour rule applies. |
| 77 | Where warrant may be executed | 79 | Anywhere in India. |
| 78 | Warrant forwarded for execution outside | 80 | To Executive Magistrate or SP. |
| 79 | Warrant directed to police officer outside | 81 | Endorsed by local Magistrate/Police. |
| 80 | Procedure on arrest outside jurisdiction | 82 | Identification and production. |
| 81 | Procedure by Magistrate on arrest | 83 | Bail provisions apply. |
| Proclamation and Attachment (Chapter VI) | |||
| 82 | Proclamation for person absconding | 84 | Includes 'Proclaimed Offender' rules. |
| 83 | Attachment of property | 85 | Simultaneous attachment allowed. |
| 84 | Claims and objections to attachment | 86 | 6-month window for filing. |
| 85 | Release, sale and restoration | 87 | Procedures for disposal of property. |
| 86 | Appeal from order rejecting restoration | 88 | Appeal to higher court. |
| Compelling Production of Things (Chapter VII) | |||
| 91 | Summons to produce document/thing | 94 | Now includes Digital devices. |
| 92 | Procedure as to letters and telegrams | 95 | Authority of DM or Court. |
| 93 | When search-warrant may be issued | 96 | Based on belief of non-compliance. |
| 94 | Search of place (stolen property etc.) | 97 | Magistrate's authorization. |
| 95 | Power to declare publications forfeited | 98 | Control over seditious/harmful content. |
| 96 | Application to High Court to set aside | 99 | Judicial review of forfeiture. |
| 97 | Search for persons wrongfully confined | 100 | Immediate production of person. |
| 98 | Power to compel restoration of females | 101 | Order for restoration to liberty. |
| Search and Seizure Procedures | |||
| 99 | Direction etc. of search-warrants | 102 | Application of warrant rules. |
| 100 | Search to be made in presence of witnesses | 103 | NEW Videography of search mandated. |
| 101 | Disposal of things found in search | 104 | Magistrate's jurisdiction. |
| 102 | Power of police to seize property | 106 | Linked to suspicion of crime. |
| Attachment of Proceeds of Crime (New Provisions) | |||
| 105A-L | Reciprocal arrangements | 111 | International assistance. |
| — | Attachment of proceeds of crime | 113 | NEW Procedure for identification/seizure. |
| — | Confirmation of attachment | 114 | NEW Inquiry and final order. |
| Security for Peace (Chapter IX) | |||
| 106 | Security for keeping peace on conviction | 115 | Session or 1st Class Magistrate. |
| 107 | Security for keeping peace in other cases | 116 | Executive Magistrate's power. |
| 108 | Security for good behavior (Sedition) | 117 | Disseminating seditious matters. |
| 109 | Security from suspected persons | 118 | Concealing presence with intent. |
| 110 | Security from habitual offenders | 119 | Habitual criminals and bullies. |
| 111 | Order to be made | 120 | Setting out substance of information. |
| 112 | Procedure if person is present in Court | 121 | Read or explained to the person. |
| 113 | Summons/Warrant if person not present | 122 | Compelling attendance for security. |
| 114 | Copy of order to accompany summons | 123 | Requirement for notice. |
| 115 | Power to dispense with attendance | 124 | Magistrate's discretion. |
📊 Phase 2 Summary
Covers Sections 63 to 124 of BNSS (Appearance, Production, and Security).
- Modern Service: Section 65 legalizes digital summons, drastically reducing delays in trials.
- Evidence Integrity: Mandatory videography in Section 103 ensures search transparency.
- Crime Proceeds: Sections 113-114 introduce a detailed protocol for confiscating property linked to criminal activity.
- Security Bonds: Sections 115-124 maintain the preventive justice framework for keeping peace.
⚡ Critical Section Shifts
Digital Summons: New Provision → 65 BNSS
Mandatory Video: 100 CrPC → 103 BNSS
Attachment of Proceeds: New Provisions → 113 & 114 BNSS
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