BNSS 2023 vs CrPC 1973: Exhaustive Phase 6 Mapping (Sections 301-496)
BNSS Phase 6: Sections 301 to 531
Inquiries, Trials, Bail, Appeals & Execution (Final Update)
| CrPC | Provision/Section Details | BNSS | Status & Detailed Changes |
|---|---|---|---|
| Chapter XXIII: General Provisions as to Inquiries and Trials | |||
| 300 | Person once convicted or acquitted not to be tried | 337 | Double Jeopardy protection maintained. |
| 306 | Tender of pardon to accomplice | 343 | Process for turning 'approver'. |
| 309 | Power to postpone or adjourn proceedings | 346 | STRICT No adjournment without recording reasons. Max 2 allowed. |
| 311 | Power to summon material witness | 348 | Court's power to recall/examine any person. |
| 313 | Power to examine the accused | 351 | Includes video conferencing for examination. |
| — | Trial in absence of accused | 355 | NEW In-absentia trials for proclaimed offenders. |
| Chapter XXVII & XXVIII: Judgment & Submission for Confirmation | |||
| 353 | Judgment (Timing and delivery) | 392 | NEW Mandatory delivery within 30 days of trial completion. |
| 366 | Sentence of death to be submitted | 407 | Confirmation by High Court required. |
| Chapter XXIX: Appeals, Reference & Revision | |||
| 372 | No appeal to lie unless provided | 413 | Includes Right of Victim to appeal against acquittal. |
| 374 | Appeals from convictions | 415 | Appeal to High Court or Court of Session. |
| 378 | Appeal in case of acquittal | 419 | State/Victim can appeal against acquittal. |
| 397 | Calling for records (Revision) | 438 | High Court/Sessions Judge revision powers. |
| Chapter XXXII: Execution, Suspension & Remission | |||
| 416 | Postponement of capital sentence (Pregnant woman) | 457 | CHANGE Sentence shall be commuted to life imprisonment. |
| 432 | Power to suspend or remit sentences | 473 | State Government's power to remit. |
| 433A | Restriction on powers of remission | 475 | Mandatory 14 years for specific heinous crimes. |
| Chapter XXXIII: Provisions as to Bail and Bonds | |||
| 436 | In what cases bail to be taken | 478 | Bail as a matter of right in bailable offences. |
| 436A | Maximum period for under-trial prisoners | 479 | REFORM First-time offenders released after 1/3rd sentence. |
| 438 | Direction for grant of bail (Anticipatory) | 482 | Criteria for grant defined more clearly. |
📊 Final Phase Analysis
The concluding sections of BNSS focus on Efficiency, Victim Rights, and Human Rights.
- Pregnancy (Sec 457): Unlike CrPC where it was optional, BNSS makes it mandatory to commute death to life for pregnant women.
- Bail Equity (Sec 479): Significant relief for undertrials who are first-time offenders, addressing prison overcrowding.
- Appellate Rights: Strengthened provisions for victims to challenge acquittals directly.
- Tech Integration: Evidence recording (Sec 308) and examination (Sec 351) via audio-video is now the standard.
⚡ Critical Shifts & Timelines
Remission Restriction: 433A CrPC → 475 BNSS (14-year rule).
High Court Powers: 482 CrPC → 528 BNSS (Inherent Powers).
30-Day Judgment: Mandatory timeline under Sec 392 BNSS.
Explore all phases and comparisons in the central directory:
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