BNSS 2023 vs CrPC 1973: Exhaustive Phase 5 Mapping (Sections 227-300)
BNSS Phase 5: Sections 227 to 300
Commencement of Proceedings & Framing of Charges (Chapter XVII to XXI)
| CrPC | Provision/Section Details | BNSS | Status & Detailed Changes |
|---|---|---|---|
| Chapter XVII: Commencement of Proceedings before Magistrates | |||
| 204 | Issue of process | 227 | Summons/Warrant issued to the accused. |
| 205 | Magistrate may dispense with personal attendance | 228 | Accused may appear by pleader. |
| 207 | Supply of copies of police report and documents | 230 | NEW 14-day timeline to supply copies to accused. Digital copies allowed. |
| 208 | Supply of copies in cases triable by Sessions | 231 | Extended to include digital formats. |
| 209 | Commitment of case to Court of Session | 232 | Process of transferring serious cases. |
| Chapter XVIII: The Charge | |||
| 211 | Contents of charge | 234 | Must state the specific offence. |
| 212 | Particulars as to time, place and person | 235 | Ensuring the accused knows what they are charged with. |
| 216 | Court may alter charge | 239 | Power of court to modify charges before judgment. |
| 218 | Separate charges for distinct offences | 241 | General rule of one charge per offence. |
| 219 | Three offences of same kind in one year | 242 | Trial of multiple similar offences together. |
| Chapter XIX: Trial Before a Court of Session | |||
| 225 | Trial to be conducted by Public Prosecutor | 248 | Mandatory role of the State prosecutor. |
| 226 | Opening case for prosecution | 249 | Describing the charge and evidence. |
| 227 | Discharge | 250 | NEW 60-day timeline to file application for discharge. |
| 228 | Framing of charge | 251 | NEW Charge must be framed within 60 days from first appearance. |
| 232 | Acquittal | 255 | If no evidence after prosecution case. |
| Chapter XX: Trial of Warrant-Cases by Magistrates | |||
| 238 | Compliance with section 207 (old) | 261 | Ensuring accused has all documents before trial. |
| 239 | When accused shall be discharged | 262 | If charge is groundless. |
| 240 | Framing of charge | 263 | Magistrate's duty to frame charge in writing. |
| Chapter XXI: Trial of Summons-Cases by Magistrates | |||
| 251 | Substance of accusation to be stated | 274 | No formal charge required in summons cases. |
| 252 | Conviction on plea of guilty | 275 | Magistrate records the plea and convicts. |
| 260 | Power to try summarily | 283 | NEW Summary trial mandatory for certain minor offences. |
| Chapter XXII: Plea Bargaining (289-300) | |||
| 265B | Application for plea bargaining | 290 | Must be filed within 30 days from date of framing charge. |
📊 Phase 5 Summary
Covers Court Proceedings & Trial Commencement (Sections 227-300).
- Strict Timelines: Supply of copies within 14 days (Sec 230) and framing of charges within 60 days (Sec 251).
- Digitalization: Electronic supply of documents is now standard procedure.
- Summary Trial expansion: Increased scope for summary trials to clear minor cases quickly.
- Plea Bargaining: Time-limited application (30 days) to encourage early settlements.
⚡ Critical Section Shifts
Supply of Copies: 207 CrPC → 230 BNSS (14-day limit)
Framing of Charge: 228 CrPC → 251 BNSS (60-day limit)
Discharge Application: New Provision → 250 BNSS
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