COMPARISON STATEMENT OF

BHARATIYA NYAYA SANHITA, 2023 (BNS) AND INDIAN PENAL CODE (IPC)

IPC BNS Title in BNS Changes in BNS

CHAPTER I
INTRODUCTION
1 1(1)/(2) Short title, commencement The Short title is changed to
and application Bharatiya Nyaya Sanhita, 2023.
2 1(3) Short title, commencement No Change
and application
3 1(4) Short title, commencement The word “Indian Law” is replaced
and application by “by any law for the time being in
force in India”
4 1(5) Short title, commencement Explanation 3(b) removed
and application
5 1(6) Short title, commencement No Change
and application
CHAPTER II
GENERAL EXPLANATIONS
6 3(1) General explanations No Change

7 3(2) General explanations No Change

- 2(3) Definition of Child New definition of “child” is given in

BNS as “any person below the age
of 18 years”.
8 2(10) Gender “Transgender” is added in addition
to genders of “Male” and “Female”.
9 2(22) Number No Change
10 2(19) Man The Word “Woman” is Separated
10 2(35) Woman No Change
11 2(26) Person No Change
12 2(27) Public No Change
13 - - Repealed – Queen
14 - - Omitted - Servant of Government”
15 - - Repealed - British India
16 - - Repealed - Government of India
17 2(12) Government No Change
18 --- --- “India” Definition deleted
19 2(16) Judge The new law’s definition of “Judge”
is more concise. Illustrations (a),(c)
& (d) are removed.
20 2(5) Court "Court of Justice" changed to
"Court". Illustration removed.
21 2(28) Public Servant The word "jury man" is deleted;
“Local Authority” is defined.
22 2(21) Movable Property • The Word “corporeal” is removed.

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 IPC BNS Title in BNS Changes in BNS
• Definition of movable property
now includes intangible assets
like patents, copyrights etc.
23, 2(36) Wrongful Gain No Change
Para1
23, 2(37) Wrongful Loss No Change
Para2
23, 2(38) Gaining Wrongfully and No Change
Para3 Losing Wrongfully
24 2(7) Dishonestly No Change
25 2(9) Fraudulently No Change
26 2(29) Reason to Believe No Change
27 3(3) General explanations The term “wife”, changed as
“Spouse”.
28 2(4) Counterfeit No Change
29 2(8) Document The new BNS law provides that
documents include ‘electronics and
digital records’
29A 2(39) Words and Expressions not No Change
defined
- 2(39) Definitions Words and expressions used but
not defined in this Sanhita but
defined in the Information
Technology Act, 2000 and the
Bhartiya Nagarik Suraksha Sanhita,
2023 and shall have the meanings
respectively assigned to them in that
Act Sanhita.
30 2(31) Valuable Security No Change
31 2(34) Will No Change
32 2(1) Definitions (2(1)) & General No Change
& explanations (3(4))
3(4)
33 2(1) Definitions No Change
&
2(25)
34 3(5) General explanations No Change
35 3(6) General explanations No Change
36 3(7) General explanations No Change
37 3(8) General explanations No Change
38 3(9) General explanations No Change
39 2(33) Voluntarily No Change
40 2(24) Offence No Change
41 2(30) Special Law No Change
42 2(18) Local Law No Change
43 2(15) Illegal and legally bound to No Change
do

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IPC BNS Title in BNS Changes in BNS
44 2(14) Injury No Change
45 2(17) Life No Change
46 2(6) Death No Change
47 2(2) Animal No Change
48 2(32) Vessel No Change
49 2(20) Month and Year British Calendar Changed to
Gregorian Calendar.
50 - - “Oath” Definition deleted
51 2(23) Oath No Change
52 2(11) Good Faith No Change
52A 2(13) Harbour No Change
CHAPTER III
OF PUNISHMENTS
53 4 Punishments • Community service as a form of
punishment is introduced for the
first time.
• Community service as punishment
for petty offences.
• The punishment of imprisonment
for life has been clearly defined as
imprisonment for remainder of a
person's natural life.
53A - - “Construction of reference to
transportation” is deleted.
54 5(a) Commutation of sentence No Change

55 5(b) Commutation of sentence No Change

55A Explan Commutation of sentence No Change

ation
to
section
5
56 - - Repealed –Act 17 of 1949
Sentence of Europeans and
Americans to penal servitude
57 6 Fractions of terms of The words “unless otherwise
punishment. provided” has been added in section
6 at the end of the provision.
58 - - Repealed–Act 26 of 1955 Offenders
sentenced to transportation how
dealt with until transported
59 - - Repealed- Act 26 of 1955
Transportation instead of
imprisonment
60 7 Sentence may be (in certain No Change
cases of imprisonment)

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IPC BNS Title in BNS Changes in BNS
wholly or partly rigorous or
simple.
61 - - Repealed- Act 16 of 1921
Sentence of forfeiture of property.
62 - - Repealed- Act 16 of 1921
Forfeiture of property, in respect of
offenders punishable with death,
transportation or imprisonment.
63 8(1) Amount of fine, liability in No Change
default of fine etc.
64 8(2) Amount of fine, liability in No Change
default of fine etc.
65 8(3) Amount of fine, liability in No Change
default of fine etc.
66 8(4) Amount of fine, liability in Description of Imprisonment for non-
default of fine etc... payment of fine or community Service.
67 8(5) Amount of fine, liability in Imprisonment in case of default of
default of fine etc... fine or of community service, the
scale has been changed as follows:
• Fine not exceeding Rs.5000 or
community service– imprisonment
not exceeding 2 months
• Fine not exceeding Rs.10000 or
community service– imprisonment
not exceeding 4 months
• In any other case –Imprisonment
not exceeding 1 year
68 8(6) Amount of fine, liability in No Change
(a) default of fine etc...
69 8(6) Amount of fine, liability in No Change
(b) default of fine etc...
70 8(7) Amount of fine, liability in No Change
default of fine etc...
71 9 Limit of punishment of No Change
offence made up of several
offences.
72 10 Punishment of person guilty No Change
of one of several offences,
the judgment stating that it is
doubtful of which offence he
is guilty.
73 11 Solitary confinement No Change
74 12 Limit of solitary confinement No Change
75 13 Enhanced punishment on No Change
previous conviction. Chapter
X (Offences relating to coins)
and chapter XVII (Offences
against Property)

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CHAPTER IV
GENERAL EXCEPTIONS
76 14 Act done by a person bound, No Change
or by mistake of fact believing
himself bound, by law.
77 15 Act of Judge when acting No Change
judicially
78 16 Act done pursuant to No Change
judgment or order of Court
79 17 Act done by a person No Change
justified, or by mistake of
fact believing himself
justified, by law
80 18 Accident in doing a lawful No Change
act
81 19 Act likely to cause harm, but No Change
done without criminal intent,
and to prevent other harm
82 20 Act of a child under seven No Change
years of age
83 21 Act of a child above seven No Change
and under twelve years of
age of immature
understanding
84 22 Act of a person of unsound No Change
mind
85 23 Act of a person incapable of No Change
judgment by reason of
intoxication caused against
his will
86 24 Offence requiring a particular No Change
intent or knowledge
committed by one who is
intoxicated
87 25 Act not intended and not No Change
known to be likely to cause
death or grievous hurt, done
by consent
88 26 Act not intended to cause No Change
death, done by consent in
good faith for person's
benefit
89 27 Act done in good faith for No Change
benefit of child or person of
unsound mind, by, or by
consent of guardian
90 28 Consent known to be given No Change
under fear or misconception

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91 29 Exclusion of acts which are No Change
offences independently of
harm caused
92 30 Act done in good faith for No Change
benefit of a person without
consent
93 31 Communication made in No Change
good faith
94 32 Act to which a person is No Change
compelled by threats
95 33 Act causing slight harm No Change
96 34 Things done in private No Change
defence
97 35 Right of private defence of No Change
body and of property
98 36 Right of private defence No Change
against act of a person of
unsound mind, etc
99 37 Acts against which there is No Change
no right of private defence
100 38 When right of private No Change
defence of body extends to
causing death
101 39 When such right extends to No Change
causing any harm other than
death
102 40 Commencement and No Change
continuance of right of
private defence of body
103 41 When right of private • “Housebreaking by night” is
defence of property replaced with “housebreaking after
extends to causing death sunset and before sunrise”
• The old section provided for
“mischief by fire”. section 41 of
BNS provides for “mischief by fire
or any explosive substance”
104 42 When such right extends to No Change
causing any harm other
than death
105 43 Commencement and “Housebreaking by night” is
continuance of right of replaced with “housebreaking after
private defence of property sunset and before sunrise”
106 44 Right of private defence No Change
against deadly assault when
there is risk of harm to
innocent person
CHAPTER V
OF ABETMENT

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107 45 Abetment of a thing. No Change
108 46 Abettor No Change
108A 47 Abetment in India of No Change
offences outside India
- 48 Abetment outside India for Abetment by a person outside
offence in India India has been made an offence
under section 48 to allow
prosecution of person located in
foreign country.
109 49 Punishment of abetment if the No Change
act abetted is committed in
consequence and where no
express provision is made for
its punishment
110 50 Punishment of abetment if No Change
person abetted does act with
different intention from that
of abettor
111 51 Liability of abettor when one No Change
act abetted and different act
done
112 52 Abettor when liable to No Change
cumulative punishment for
act abetted and for act done
113 53 Liability of abettor for an effect No Change
caused by the act abetted
different from that intended by
the abettor
114 54 Abettor presence when No Change
offence is committed
115 55 Abetment of offence No Change
punishable with death or
imprisonment for life
116 56 Abetment of offence No Change
punishable with
imprisonment
117 57 Abetting commission of Section.117 of IPC provided for
offence by public or by more imprisonment up to 3 years or fine or
than ten persons both. Section. 57 of BNS provides for
imprisonment or either description for
a term which may extend to 7 years
and fine.
118 58 Concealing design to commit No Change
offence punishable with death
or imprisonment for life
119 59 Public servant concealing No Change
design to commit offence
which it is his duty to prevent
120 60 Concealing design to commit No Change
offence punishable with

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imprisonment
CHAPTER VA- CRIMINAL CONSPIRACY
120A 61(1) Criminal conspiracy No Change
120B 61(2) Criminal conspiracy No Change
- 69 Sexual Intercourse by Sexual intercourse by employing
employing deceitful means deceitful means shall include the
etc... false promise of employment or
promotion, inducement or marrying
after suppressing identity.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
121 147 Waging, or attempting to No Change
wage war, against
Government of India
121A 148 Conspiracy to commit Words used in section 148 of BNS
offences punishable by are “Whoever within or without and
section 145 beyond India” for words “within or
without India” in section 121A of IPC.
122 149 Collecting arms etc., with No Change
intention of waging war
against the Government of
India
123 150 Concealing with intent to No Change
facilitate design to wage war
124 151 Assaulting President, No Change
Governor etc., with intent to
compel or restrain exercise
of any lawful power
- 152 Act endangering SEDITION is replaced with
Sovereignty, Unity and TREASON.
Integrity of India Acts endangering Sovereignty,
Unity and Integrity of India are made
punishable with Imprisonment for
life or Imprisonment which may
extend to 7 years and fine.
124A ---- • BNS has omitted section 124A of
IPC under which sedition was a
punishable offence.
• BNS Has replaced sedition with
treason.
• A new offence relating to act of
India endangering sovereignty,
unity and integrity of India has
been added under section 152 of
BNS.
• Unlike IPC sedition is no longer
an offence under BNS.

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IPC BNS Title in BNS Changes in BNS
125 153 Waging war against Changed in BNS as “Waging war
Government of any foreign against Government of any foreign
state at peace with State at peace with Government of
government of India India.” The term "Asiatic Power" has
been deleted.
126 154 Committing depredation on “Any power in alliance or at peace
territories of foreign state at with the Government of India”
peace with the government replaced by” any foreign state at
of India peace with the Government of India”
127 155 Receiving property taken by No Change
war or depredation
mentioned in section 153
and 154
128 156 Public servant voluntarily No Change
allowing prisoner of state or
war or escape
129 157 Public servant negligently No Change
suffering such prisoner to
escape
130 158 Aiding escape of recuing or No Change
harboring such prisoner
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY,NAVY AND AIR FORCE
131 159 Abetting mutiny or No Change
attempting to seduce a
soldier, sailor or airman from
his duty
132 160 Abetment of mutiny if mutiny Imprisonment of 3 years is
is committed in consequence Increased to 10 years.
thereof
133 161 Abetment of assault by No Change
solder, sailor, or airman on
his superior officer, when his
execution of force
134 162 Abetment of such assault, if No Change
assault committed
135 163 Abetment of desertion of No Change
soldier, sailor, airman
136 164 Harboring deserter The new law uses the more gender-
neutral term spouse, indicating that
the exception applies when either a
husband or a wife provides shelter
to their spouse who is a deserter.
137 165 Deserter concealed on Fine is increased from Rs.500 to
board, merchant vessel Rs.3000.
through negligence of
master

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138 166 Abetment of act of Imprisonment is increased from
insubordination by soldier, 6 months to 2 years
sailor, airman
138A - - Repealed by the Amending Act, 35 of
1934. Application of foregoing
sections to the Indian Marine Service.
139 167 Person subject to certain No Change
Acts
140 168 Wearing garb or carrying Fine enhanced from Rs.500/- to that
token used by soldier, sailor, of Rs.2,000/-
or airman
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILTY
141 189(1) Unlawful assembly No Change
142 189(2) Unlawful assembly No Change
143 189(2) Unlawful assembly No Change
144 189(4) Unlawful assembly No Change
145 189(3) Unlawful assembly No Change
146 191(1) Rioting No Change
147 191(2) Rioting No Change
148 191(3) Rioting Imprisonment is increased from
3 years to 5 years.
149 190 Every member of unlawful No Change
assembly guilty of offence
committed in prosecution of
common object
150 189(6) Unlawful assembly No Change
151 189(5) Unlawful assembly No Change
152 195 Assaulting or obstructing • The existing section 152 in IPC
public servant when regarding assaulting or obstructing
suppressing riot, etc public servant when suppressing
riot etc... Has been divided into 2
parts and included in section 195
of the new law. One for the offence
of assault or obstruction of public
servant (195(1)) and the other for
threatening to assault or attempt to
obstruct (195(2)) having different
punishments and fine.
• Offenders found guilty under
section 195(1) of BNS shall be
fined and the fine shall not be less
than Rs.25,000.
• Under 195(2), the punishment
includes imprisonment of a term
that may extend to one year. A
fine may also be imposed under
this subsection.(New section)

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153 192 Wantonly giving provocation No Change
with intent to cause riot-if
rioting be committed; if not
committed
153A 196 Promoting enmity between Under section 196 of BNS,
different groups on grounds “electronic communication” is added
of religion, race, place of as one of the mode of spreading
birth, residence, language, disharmony etc...
etc., and doing acts
prejudicial to maintenance
of harmony
153AA - - Deleted- Punishment for knowingly
carrying arms in any procession or
organising, or holding or taking part
in any mass drill or mass training
with arms
153B 197 Imputations, assertions • Under section 197 of BNS,”
prejudicial to national electronic communication” is
integration added as one of the mode of
spreading specified activities.
• Section 197(1) (d) of BNS
additionally covers activity of
making or publishing false or
misleading information
jeopardising the sovereignty,
unity and integrity or security of
India.
154 193(1) Liability of owner, occupier, No Change
etc., of land on which an
unlawful assembly or riot
takes place
155 193(2) Liability of owner, occupier, No Change
etc., of land on which an
unlawful assembly or riot
takes place
156 193(3) Liability of owner, occupier, No Change
etc., of land on which an
unlawful assembly or riot
takes place
157 189(7) Unlawful assembly No Change
158 189(8) Unlawful assembly No Change
& (9)
159 194(1) Affray No Change

160 194(2) Affray Fine enhanced from Rs.100 to

Rs.1000/-
Assaulting or obstructing In cases where the offender
- 195(2)
public servant when threatens to assault or attempts to

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suppressing riot, etc.., obstruct a public servant or
threatens or attempts to use criminal
force on a public servant in the
described situations, the
punishment includes imprisonment
of a term that may extend to one
year. A fine may also be imposed
under the subsection.
197(1) Imputations, assertions, This section additionally covers
(d) prejudicial to national activity of ‘making or publishing
- integration false or misleading information
jeopardizing the sovereignty, unity
and integrity or security of India’
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161, - - Repealed by Prevention of

162 Corruption Act, 1988- Section. 31
163,
164
165,
165A
166 198 Public servant disobeying No Change
law, with intent to cause
injury to any person
166A 199 Public Servant disobeying No Change
direction under law
166B 200 Punishment for non- No Change
treatment of victim
167 201 Public servant framing an No Change
incorrect document with
intent to cause injury
168 202 Public servant unlawfully Judge trying the case is given an
engaging in trade option to award sentence of
community service for the offence
instead of imprisonment or fine or
both.
169 203 Public servant unlawfully No Change
buying or bidding for
property
170 204 Personating a public servant Section 204 of BNS, establishes a
minimum term of imprisonment of
not less than 6 months but which
may extend to 3 years in addition to
a fine.
171 205 Wearing garb or carrying Fine enhanced from Rs.200 to
token used by public Rs.5,000/-
servant with fraudulent
intent

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CHAPTER IX-A
OF OFFENCES RELATING TO ELECTIONS
171A 169 Candidate, electoral right No Change
defined
171B 170 Bribery No Change
171C 171 Under influence at elections No Change
171D 172 Personation at elections The BNS adds that this section
shall not apply to a person who has
been authorised to vote as proxy
for an elector under any law for the
time being in force.
171E 173 Punishment for bribery No Change
171F 174 Punishment for undue No Change
influence or personation at
an election
171G 175 False statement in No Change
connection with an election
171H 176 Illegal payment in Fine enhanced from, Rs.500 to
connection with an election that of Rs.10,000/-.
171I 177 Failure to keep election Amount of fine increased from
accounts Rs.500 to Rs. 5000
CHAPTER X
OF CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172 206 Absconding to avoid Amount of fine for absconder
service of summons or increased from Rs.1000 to
other proceeding Rs.10,000 where summons or
notice or order is to attend in person
or by agent or to produce a
document or an electronic record in
a court. In other cases amount of
fine for absconder increased from
Rs.500 to Rs.5000.
173 207 Preventing service of Amount of fine is increased from
summons or other Rs.1000 to Rs.10,000 where summons
proceeding, or preventing or notice or order or proclamation is to
publication thereof attend in person or by agent or to
produce a document or an electronic
record in a court. In other cases amount
of fine is increased from Rs.500 to
Rs.5000.
174 208 Non- attendance in Amount of fine is increased from
obedience to an order from Rs.1000 to Rs.10,000 where
public servant summons or notice or order or
proclamation is to attend in person
or by agent or to produce a
document or an electronic record in
a court.
In other cases amount of fine is
increased from Rs.500 to Rs.5000.

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174A 209 Non- appearance in response Judge trying the case is given an option
to a proclamation u/s. 84 of to award sentence of community
Bharatiya Nagarik Suraksha service for the offence instead of
Sanhita, 2023 imprisonment or fine or both.
175 210 Omission to produce Amount of fine increased from Rs.1000
document or electronic to Rs.10,000 where the document or
record to public servant by electronic record is to be produced or
person legally bound to delivered up to a court.
In other cases amount of fine increased
produce it
from Rs.500 to Rs.5000.
176 211 Omission to give notice or Amount of fine increased from Rs.1000
information to public to 10,000 where the notice or
servant by person legally information required to be given w.r.t
bound to give it the Commission of an offence or is
required for the purpose of preventing
the Commission of an offence or in
order to the apprehension of an
offender. In other cases amount of fine
increased from Rs 500 to Rs.5000.
177 212 Furnishing false information Amount of fine increased from
Rs.1000 to Rs.5000 for offence of
furnishing false information.
178 213 Refusing oath or affirmation Amount of fine increased from
when duly required by Rs.1000 to Rs.5000.
public servant to make it
179 214 Refusing to answer public Amount of fine increased from Rs
servant authorised to 1000 to Rs.5000.
question
180 215 Refusing to sign statement Amount of fine increased from
Rs.500 to Rs.3000.
181 216 False statement oath or No Change
affirmation to public servant
or personal authorized
administer an oath or
affirmation
182 217 False information, with Amount of fine increased from
intent to cause public Rs.1000 to Rs.10,000.
servant to use his lawful Imprisonment term increased from
power to injury of another 6 months to one year.
person
183 218 Resistance to taking of Amount of fine increased from
property by lawful authority Rs.1000 to 10,000.
of a public servant
184 219 Obstructing sale of property Amount of fine increased from
offered for Sale by authority Rs.500 to Rs.5000.
of public servant
185 220 Illegal purchase or bid for No Change
property offered for Sale by
authority of public servant

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186 221 Obstructing public servant Amount of fine increased from
in discharge of public Rs.500 to Rs.2500.
functions
187 222 Omission to assist public Amount of fine increased from Rs.200 to
servant when bound by law Rs.2500. For omission to assist public
to give assistance servant in connection with his demand
for assistance for preventing the
Commission of an offence suppressing
a riot etc.., amount of fine is increased
from Rs.500 to Rs.5000.
188 223 Disobedience to order duly Amount of fine increased from
promulgated by public Rs.200 to Rs.2500 where
servant disobedience causes or tends to
cause obstruction, annoyance or
injury or risk of obstruction,
annoyance or injury to any persons
lawfully employed. Imprisonment in
such cases increased from one
month to 6 months.
Amount of fine increased from
Rs.1000 to Rs.5000 where such
disobedience causes or tends to
cause danger to human life, health
or safety or causes or tends to
cause a riot or affray. Imprisonment
in such cases increased from 6
months to one year.
189 224 Threat of injury to public No Change
servant
190 225 Threat of injury to induce No Change
person to refrain from
applying for protection to
public servant
- 226 Attempt to commit suicide Attempt to commit suicide, to
to compel or restrain compel or restraint exercise of
exercise of lawful power lawful power – Simple
Imprisonment for one year or fine or
both with community service.

CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
191 227 Giving false evidence No Change
192 228 Fabricating false evidence No Change
193 229 Punishment for false Fine upto Rs.10, 000/-for
evidence fabricating evidence in judicial
proceedings and upto Rs.5, 000/-
for offense of giving or fabricating
evidence in any other case.

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194 230 Giving or fabricating false Fine upto Rs.50,000/- prescribed
evidence with intent to
procure conviction of capital
evidence
195 231 Giving or fabricating false No Change
evidence with intent to
procure conviction of offence
punishable with
imprisonment for life or
imprisonment
195A 232 Threatening any person to No Change
give false evidence
196 233 Using evidence known to be No Change
false
197 234 Issuing or signing false No Change
certificate
198 235 Using as true a certificate No Change
known to be false
199 236 False statement made in No Change
declaration which is by law
receivable as evidence
200 237 Using as true such No Change
declaration knowing it to be
false
201 238 Causing disappearance of No Change
evidence of offences, or giving
false information to screen
offender
202 239 Intentional omission to give Fine up to Rs.5,000/-prescribed
information of offence by
person bound to inform
203 240 Giving false information No Change
respecting an offence
committed
204 241 Destruction of document or Fine upto Rs.5, 000/- prescribed
electronic record to prevent and punishment enhanced to
its production as evidence 3 years from 2 years.
205 242 False personation for No Change
purpose of act or proceeding
in suit or prosecution
206 243 Fraudulent removal or Punishment enhanced from 2 years
concealment of property to to 3 years and fine upto Rs.5,000/-
prevent its seizure as prescribed
forfeited or in execution
207 244 Fraudulent claim to property No Change
to prevent its seizure as
forfeited or in execution
208 245 Fraudulently suffering No Change
decree for sum not due

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209 246 Dishonestly making false No Change
claim in court
210 247 Fraudulently obtaining No Change
decree for sum not due
211 248 False charge of offence Punishment enhanced from upto 2
made with intent to injure years to upto 5 years and fine upto
Rs 2 Lakhs has been prescribed.
212 249 Harbouring offender No Change
213 250 Taking gift, etc., to screen an No Change
offender from punishment
214 251 Offering gift or restoration of No Change
property in consideration of
screening offender
215 252 Taking gift to help to recover No Change
stolen property, etc.
216 253 Harbouring offender who has No Change
escaped from custody or
whose apprehension has
been ordered
216A 254 Penalty for harbouring No Change
robbers or dacoits
216B - - Deleted- Definition of “harbour” in
sections 212, 216 and 216A
217 255 Public servant disobeying No Change
direction of law with intent to
save person for punishment
or property from forfeiture
218 256 Public servant framing No Change
incorrect record or writing
with intent to save person
from punishment or property
from forfeiture
219 257 Public servant in judicial No Change
proceeding corruptly making
report etc., contrary to law
220 258 Commitment for trail or No Change
confinement by person
having authority who knows
that he is acting contrary
221 259 Intentional omission to No Change
apprehend on the part of
public servant bound to
apprehend
222 260 Intentional omission to No Change
apprehend on the part of
public servant bound to
apprehend person under
sentence or lawfully
committed

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IPC BNS Title in BNS Changes in BNS
223 261 Escape from confinement or No Change
custody negligently suffered
by public servant
224 262 Resistance or obstruction by No Change
a person to his lawful
apprehension
225 263 Resistance or obstruction to No Change
lawful apprehension of
another person
225A 264 Omission to apprehend or No Change
sufferance of escape, on
part of public servant, in
cases not otherwise,
provided for
225B 265 Resistance or obstruction to No Change
lawful apprehension, or
escape or rescue in cases,
not otherwise provided for
226 - - Deleted- Unlawful return from
transportation
227 266 Violation of condition of No Change
remission of punishment
228 267 Intentional insult or Amount of fine increased from
interruption to public servant Rs.1000 to Rs.5000.
in sitting judicial proceeding
228A 72 Disclosure of identity of No Change
(1) / victim of certain offences,
(2) etc
228A 73 Printing or publishing any No Change
(3) matter relating to court
proceedings without
permission
229 268 Personation of an assessor Focuses on “assessor” and does not
refer to “juryman”
229A 269 Failure by person released on No Change
bail bond to appear in court
CHAPTER XII
OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
230, 178 Counterfeiting coin, No Change
231 Government stamps,
and currency-notes or bank-
232 notes
233, 181 Making or possessing No Change
234 instruments or materials for
and forging or counterfeiting coin,
235 Government stamp, currency-
notes or bank-notes

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 IPC BNS Title in BNS Changes in BNS
236, - - • Abetting in India the counterfeiting
237 out of India of coin.
and • Import or export of counterfeit
238 coin.
• Import or export of counterfeits of
the Indian coin.
239, 179 Using as genuine, forged or No Change
240 counterfeit coin, Government
and stamp, currency
241
242 180 Possession of forged or • Under the amended law, mere
and counterfeit coin, Government possession of forged or counterfeit
243 stamp, currency-notes or currency notes or bank notes etc.., is
bank-notes not an offence.
• Possession has to be
accompanied by the intention to
use the same as genuine
244 187 Person employed in mint No Change
causing coin to be of different
weight or composition from that
fixed by law.
245 188 Unlawfully taking coining No Change
instrument from mint.
246 178 Counterfeiting coin, No Change
Government stamps,
currency-notes or bank-
notes
247 178 Counterfeiting coin, No Change
Government stamps,
currency-notes or bank-
notes
248 178 Counterfeiting coin, No Change
Government stamps,
currency-notes or bank-notes
249 178 Counterfeiting coin, No Change
Government stamps,
currency-notes or bank-
notes
250 179 Using as genuine, forged No Change
or counterfeit coin,
Government stamp,
currency- notes or bank
notes
251 179 Using as genuine, forged or No Change
counterfeit coin,
Government stamp,
currency- notes or bank
notes

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IPC BNS Title in BNS Changes in BNS
252 180 Possession of forged or No Change
counterfeit coin,
Government stamp,
currency-notes or bank-
notes
253 180 Possession of forged or No Change
counterfeit coin,
Government stamp,
currency-notes or bank-
notes
254 179 Using as genuine, forged or No Change
counterfeit coin,
Government stamp,
currency- notes or bank
notes
255 178 Counterfeiting coin, No Change
Government stamps,
currency-notes or bank-
notes
256 181 Making or possessing No Change
instruments or materials for
forging or counterfeiting coin,
Government stamp, currency-
notes or bank-notes
257 181 Making or possessing No Change
instruments or materials for
forging or counterfeiting
coin, Government stamp,
currency-notes or bank-
notes
258 179 Using as genuine, forged No Change
or counterfeit coin,
Government stamp,
currency
259 180 Possession of forged or No Change
counterfeit coin,
Government stamp,
currency-notes or bank-
notes
260 179 Using as genuine, forged or No Change
counterfeit coin, Government
stamp, currency
261 183 Effacing writing from No Change
substance bearing
Government stamp, or
removing from document
a stamp used for it, with
intent to cause loss to
Government.

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IPC BNS Title in BNS Changes in BNS
262 184 Using Government No Change
stamp known to have
been before used.
263 185 Erasure of mark denoting No Change
that stamp has been used.
263A 186 Prohibition of fictitious The term "of her Majesty's
stamps dominions" is deleted
CHAPTER XIII
OF OFFENCES RELATING TO WEIGHTS AND MEASURES
264 - - Deleted-Legal Metrology Act-2009
265 • Fraudulent use of false
266 instrument for weighing
267 • Fraudulent use of false weight
or measure.
• Being in possession of false
weight or measure.
• Making or selling false weight or
measure.
CHAPTER XIV
OF OFFENCES AFFECTING THE PUBLIC HEALTH,SAFETY
CONVENIENCE,DECENCY AND MORALS
268 270 Public nuisance No Change
269 271 Negligent act likely to spread No Change
of disease dangerous to life
270 272 Malignant act likely to spread No Change
of disease dangerous to life
271 273 Disobedience to quarantine The new law updates the terminology to
rule include “mode of transport” and
expands the scope of the offence to
cover regulations related to different
forms of transportation.
272 274 Adulteration of food or drink Fine enhanced from Rs.1,000/-
intended for sale to Rs.5,000/-
273 275 Sale of noxious food or drink Fine enhanced from Rs.1,000/-
to Rs.5,000/-
274 276 Adulteration of drugs Enhanced imprisonment from 6
months to 1 year and fine from
Rs.1,000/- to Rs.5,000/-
275 277 Sale of adulterated drugs Fine enhanced from Rs.1,000/-
to Rs.5,000/-
276 278 Sale of drug as a different Fine enhanced from Rs.1,000/-
drug or preparation to Rs.5,000/-
277 279 Fouling water of public Punishment enhanced from
spring reservoir 3 months to 6 months AND fine
from Rs.500/- to Rs.5,000/-
278 280 Making atmosphere noxious Fine enhanced from Rs.500/-
to health to Rs.1,000/-

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IPC BNS Title in BNS Changes in BNS
279 281 Rash driving or riding on a No Change
public way
280 282 Rash navigation of vessel Fine enhanced from Rs.1,000/-
to Rs.10,000/-
281 283 Exhibition of false light, mark Fine not less than Rs.10,000/-
or buoy prescribed
282 284 Conveying person by water Fine enhanced from Rs.1,000/-
for hire in unsafe or to Rs.5,000/-
overloaded vessel
283 285 Danger or obstruction in Fine enhanced from Rs.200/-
public way or line of to Rs.5,000/-
navigation
284 286 Negligent conduct with Fine enhanced from Rs.1,000/-
respect to poisonous to Rs.5,000/-
substance
285 287 Negligent conduct with Fine enhanced from Rs.1,000/-
respect to fire or combustible to Rs.2,000/-
matter
286 288 Negligent conduct with Fine enhanced from Rs.1,000/-
respect to explosive to Rs.5,000/-
substances
287 289 Negligent conduct with Fine enhanced from Rs.1,000/-
respect to machinery to Rs.5,000/-
288 290 Negligent conduct with New law also includes constructing
respect to pulling down, buildings within its scope.
repairing or Fine enhanced from Rs.1,000/-
constructing buildings to Rs.5,000/-
etc.
289 291 Negligent conduct with Fine enhanced from Rs.1,000/-
respect to animal to Rs.5,000/-
290 292 Punishment for public Fine enhanced from Rs 200/-
nuisance in cases not to Rs.1,000/-
otherwise provided for.
291 293 Continuance of nuisance Fine upto Rs.5,000/-prescribed
after injunction to
discontinue.
292 294 Sale, etc., of obscene books, Fine enhanced from Rs.2, 000/- to
etc Rs.5, 000/- for first time conviction and
from Rs.5, 000/- to Rs.10, 000/- for
second time onwards.
293 295 Sale, etc., of obscene The new law lowers the age limit from
objects to child. under 20 years to below 18 years. This
change aligns with the broader
international understanding of the age
of consent and protection for minors.
294 296 Obscene acts and songs. Fine upto Rs.1, 000/- Prescribed.
No fine in IPC
294A 297 Keeping lottery office. Fine enhanced from Rs.1,000/-
to Rs.5,000/-

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IPC BNS Title in BNS Changes in BNS
CHAPTER XV
OF OFFENCES RELATING TO RELIGION
295 298 Injuring or defiling place of No Change
worship, with intent to insult
the religion of any class
295A 299 Deliberate and malicious New law includes “electronic
acts, intended to outrage means” as a medium for potential
religious feelings of any offences.
class by insulting its religion
or religious beliefs
296 300 Disturbing religious No Change
assembly
297 301 Trespassing on burial places No Change
etc...
298 302 Uttering words, etc., with No Change
deliberate intent to wound
religious feelings of any person
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY OF
OFFENCES AFFECTING LIFE
299 100 Culpable Homicide No Change
300 101 Murder No Change
301 102 Culpable homicide by No Change
causing death of person
other than person whose
death was intended
302 103 Punishment for murder • Section 103(2) is a new provision.
• No Change
- 103(2) Punishment for murder by a MOB LYNCHING: This section
group of 5 or more persons provides that when a group of five or
more persons acting in concert
commits murder on the ground of race,
caste or community, sex, place of birth,
language, personal belief or any other
ground each member of such group
shall be punished with death or with
imprisonment for life and shall also be
liable to fine.
303 104 Punishment for murder by Earlier declared unconstitutional by
life-convict Mithu Vs. State of Punjab. Unlike IPC,
it is not mandatory to avoid death
sentence for murder by a life convict.
BNS has given an option to the judge to
sentence the life convict murderer to
death or with imprisonment for life
which shall mean the reminder of that
person’s natural life.
304 105 Punishment for culpable BNS prescribes imprisonment of not
homicide not amounting less than 5 years which may extend to
to murder 10 years with fine. It was up to 10 years

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IPC BNS Title in BNS Changes in BNS
with fine or both under section 304 of
IPC
304A 106 Causing death by 106(1) increases the punishment for
negligence. causing death by the negligence
from a maximum of 2 years to a
maximum of 5 years.
106(2) is a new provision. Hit & run
- 106(2) Offender escaping or failing This provision addresses situations
to report where the offender escapes from the
scene of the incident without reporting
it to a police officer or magistrate after
the incident. Maximum term of
imprisonment of 10 years with fine.
The punishment in case of negligent
act done by a registered medical
practitioner is imprisonment of either
description for term which may extend
to 2 years and fine.
In part consonance with section 134 of
MV Act
304B 80 Dowry death No Change
305 107 Abetment of suicide of child Reference to “insane person”/”any
or person of unsound mind idiot” is replaced with reference to
“person of unsound mind” in BNS.
306 108 Abetment of suicide No Change
307 109 Attempt to murder Under IPC section 307 prescribed only
death penalty for attempt to murder by a
life convict.
For attempt to murder by life convict
section 109 of BNS provides for death or
with imprisonment for life which shall
mean the remainder of that person’s
natural life.
308 110 Attempt to commit No Change
culpable homicide
309 --- • Section 309 of IPC is now omitted.
• Section 309 of IPC prescribed
punishment for anyone who attempts
to commit suicide and did any act
towards the Commission of such
offense.
• Section 226 of BNS prescribes
punishment for anyone who attempts
to commit suicide with the intent to
compel or restrain any public servant
from discharging his official duty.
310 - - Deleted-Thug
311 - - Deleted- Punishment for Thug
312 88 Causing miscarriage No Change

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IPC BNS Title in BNS Changes in BNS
313 89 Causing miscarriage No Change
without woman's consent
314 90 Death caused by act done No Change
with intent to cause
miscarriage
315 91 Act done with intent to No Change
prevent child being born
alive or to cause to die
after birth
316 92 Causing death of quick No Change
unborn child by act
amounting to culpable
homicide
317 93 Exposure and abandonment No Change
of child under twelve years
of age, by parent or person
having care of it
318 94 Concealment of birth by No Change
secret disposal of dead body
- 95 Hiring, employing, or Hiring, employing, or using a child for
engaging a child to commit sexual exploitation or pornography is
an Offence covered with the meaning of this
section.
- 111 Organized Crime This section defines Organized crime
as any continuing unlawful activity
including kidnapping, robbery, vehicle
theft, extortion, land grabbing,
contract killing, economic offences,
cybercrimes etc..,
The section also prescribes
punishment for varying degrees of
Organized crime.
- 112 Petty Organized Crime “Petty Organized Crime” is defined
and its punishment is prescribed
- 113 Terrorist Act “Terrorist Act” is defined, and its
punishment prescribed.
319 114 Hurt No Change
320 116 Grievous hurt Twenty days suffering replaced with
fifteen days
321 115(1) Voluntarily causing hurt No Change
322 117(1) Voluntarily causing No Change
grievous hurt
323 115(2) Voluntarily causing hurt Fine imposable increased from
Rs.1000 to Rs.10,000
324 118(1) Voluntarily causing hurt Fine may extend to twenty thousand
or grievous hurt by rupees
dangerous weapons or
means

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IPC BNS Title in BNS Changes in BNS
325 117(2) Voluntarily causing No Change
grievous hurt
- 117(3) Voluntarily causing grievous Punishment for causing
hurt permanent disability or in persistent
vegetative state, shall be punished with
rigorous imprisonment for a term which
shall not be less than ten years but
which may extend to imprisonment for
life, which shall mean imprisonment for
the remainder of that person’s natural
life.
- 117(4) Voluntarily causing grievous When grievous hurt of a person is
hurt caused by a group of five or more
persons on the ground of his, race,
caste, sex, place of birth, language,
personal belief or any other ground,
each member of such group shall be
guilty of the offence of causing grievous
hurt, and shall be punished with
imprisonment of either description for a
term which may extend to seven years,
and shall also be liable to fine.
326 118(2) Voluntarily causing hurt Minimum punishment of one year is
or grievous hurt by added.
dangerous weapons or
means
326A 124(1) Voluntarily causing grievous No Change
hurt by use of acid, etc
326B 124(2) Voluntarily causing grievous • Besides the words ‘Injury or hurt’ in
hurt by use of acid, etc section 326B of IPC, words ‘or causes a
person to be in a permanent vegetative
state’ or added.
• Permanent vegetative state need not be
irreversible.
327 119(1) Voluntarily causing hurt or No Change
grievous hurt to extort
property, or to constrain to
an illegal act.
328 123 Causing hurt by means of No Change
poison, etc., with intent to
commit an offence.
329 119(2) Voluntarily causing hurt or No Change
grievous hurt to extort
property, or to constrain to
an illegal act.
330 120(1) Voluntarily causing hurt or No Change
grievous hurt to extort
confession, or to compel
restoration of property.
331 120(2) Voluntarily causing hurt or No Change
grievous hurt to extort

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IPC BNS Title in BNS Changes in BNS
confession, or to compel
restoration of property.
332 121(1) Voluntarily causing hurt Punishment enhanced from
or grievous hurt to deter upto 3 years to upto 5 years
public servant from his
duty
333 121(2) Voluntarily causing hurt or Minimum punishment of One
grievous hurt to deter year introduced
public servant from his duty
334 122(1) Voluntarily causing hurt or Fine amount enhanced from
grievous hurt on provocation Rs 500/- to Rs.5000/-
335 122(2) Voluntarily causing hurt Punishment enhanced from upto
or grievous hurt on 4 years to upto 5 years AND fine
provocation amount enhanced from Rs 2000/- to
Rs.10,000/-
336 125 Act endangering life or Fine amount enhanced from
personal safety of others Rs250/- to Rs 2,500/-
337 125 Act endangering life or Fine amount enhanced from
personal safety of others Rs 500/-- to Rs 5,000/-
338 125 Act endangering life or Punishment enhanced from upto
personal safety of others 2 years to upto 3 years Fine amount
enhanced from Rs 1,000/-- to Rs
10,000/-
339 126(1) Wrongful restraint No Change
340 127(1) Wrongful confinement No Change
341 126(2) Wrongful restraint Punishment for wrongful restraint.
Fine enhanced from Rs. 500/- to
Rs.5,000/-
342 127(2) Wrongful confinement Punishment for wrongful
confinement. Fine enhanced from
Rs.1,000/- to Rs.5,000/-
343 127(3) Wrongful confinement Punishment enhanced from upto
2 years to upto 3 years AND fine is
prescribed of upto Rs.10,000/-
344 127(4) Wrongful confinement Punishment enhanced from upto
3 years to upto 5 years AND fine is
prescribed of Minimum Rs.10,000/-
345 127(5) Wrongful confinement No Change
346 127(6) Wrongful confinement Punishment enhanced from upto
2 years to upto 3 years AND Shall
be liable for fine is added
347 127(7) Wrongful confinement No Change
348 127(8) Wrongful confinement No Change
349 128 Force No Change
350 129 Criminal force No Change
351 130 Assault No Change

No change Amended Deleted New Provision Page 27

IPC BNS Title in BNS Changes in BNS
352 131 Punishment for assault or Punishment for assault or
criminal force otherwise than Criminal force otherwise than on
on grave provocation grave provocation. Fine enhanced
from Rs.500/- to Rs.1,000/-
353 132 Assault or criminal force to No Change
deter public servant from
discharge of his duty
354 74 Assault or use of criminal No Change
force to woman with intent to
outrage her modesty
354A 75 Sexual harassment No Change
354B 76 Assault or use of criminal Word “whoever” is used in sections
force to woman with intent to 76, 77 of BNS. Earlier word ‘Man’
disrobe was used in IPC.
354C 77 Voyeurism Word “whoever” is used in sections
76, 77 of BNS. Earlier word ‘Man’
was used in IPC.
354D 78 Stalking No Change
355 133 Assault or criminal force with Assault or criminal force with intent
intent to dishonor person, to dishonor person, otherwise than
otherwise than on grave on grave provocation.
provocation
356 134 Assault or criminal force in Assault or criminal force in attempt
attempt to commit theft of to commit theft of property carried
property carried by a by a person.
person.
357 135 Assault or criminal force in Assault or criminal force in attempt
attempt to wrongfully confine wrongfully to confine a person. Fine
a person. enhanced from Rs.1,000/-to
Rs.5,000/-
358 136 Assault or criminal force Assault or criminal force on grave
on grave provocation. provocation. Fine enhanced from
Rs.200/- to Rs.1,000/-
359 137(1) Kidnapping No Change
360 137(1) Kidnapping No Change
(a)
361 137(1) Kidnapping Word “child” is used in place of the
(b) word “minor”.
362 138 Abduction No Change
363 137(2) Kidnapping No Change
363A 139 Kidnapping or maiming • Punishment by way of
a child for purposes of imprisonment for kidnapping or
begging obtaining custody of a child so
that it may be used or employed
for begging has been enhanced
from imprisonment of either
description of 10 years to
rigorous imprisonment for a term

No change Amended Deleted New Provision Page 28

IPC BNS Title in BNS Changes in BNS
which shall not be less than 10
years but which may extend to
imprisonment for life.
• Punishment by way of
imprisonment for maiming a child
for purposes of begging has been
enhanced from imprisonment for
life to imprisonment which will not
be less than 20 years but which
may extend to life.
• For the word ‘minor’ word ‘child’
is used .Child may be a male
child or female child.
364 140 (1) Kidnapping or abducting in No Change
order to murder or for
ransom, etc
364A 140(2) Kidnapping or abducting in No Change
order to murder or for
ransom
365 140(3) Kidnapping or abducting No Change
in order to murder or for
ransom
366 87 Kidnapping, abducting or No Change
inducing woman to compel
her marriage, etc
366A 96 Procuration of child Changed as ‘Procuration of a child’.
366B 141 Importation of girl or boy This section is now applicable to
from foreign country both girls as well as boys. Age
prescribed for boys is 18 years and
for girls he is 21 years.
367 140(4) Kidnapping or abducting in No Change
order to murder or for ransom
368 142 Wrongfully concealing or No Change
keeping in confinement,
kidnapped or abducted
person.
369 97 Kidnapping or abducting child Gender Neutral
under ten years of age with
intent to steal from its person
93 Exposure and abandonment No Change
of child under twelve years
of age, by parent or person
having care of it
370 143 Trafficking of person For the word “minor”, word child is
used.
370A 144 Exploitation of a trafficked Maximum imprisonment term
person impossible for sexual exploitation of
trafficked child increased from 7

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 IPC BNS Title in BNS Changes in BNS
years to 10 years.
Maximum imprisonment term
impossible for sexual exploitation of
trafficked person increased from 5
years to 7 years.
371 145 Habitual dealing in slaves No Change
372 98 Selling child for purposes of Word “Child” is substituted for “any
prostitution, etc person” in section 372 of IPC.
373 99 Buying child for purposes • Word “Child” is substituted for
of prostitution, etc “person”.
• Imprisonment prescribed is “not
less than 7 years but which may
extend to 14 years”. Earlier
prescribed Imprisonment was
10 years.
374 146 Unlawful compulsory labour No Change
375 63 Rape Age of consent: Exception 2 to 63
of BNS provides that sexual
intercourse or sexual acts by a man
with his own wife, the wife not being
under 18 years of age is not rape.
Under section 375 of IPC the age
limit was 15 years.
376 64 Punishment for rape Consent: Clause (i) of section
(1 & 2) 64(2) of BNS provides for “commits
rape, on a women incapable of
giving consent.” Section 376(2) (1)
of IPC provided for “commits rape
on woman when she is under
16 years of age.”
376(3) 65(1) Punishment for rape in No Change
certain cases
376AB 65(2) Punishment for rape in Section 65 of BNS combines both
certain cases age categories (under 12 and under
16) into a single section, simplifying
the legal frame work.
376A 66 Punishment for causing death No Change
or resulting in persistent
vegetative state of victim
376B 67 Sexual intercourse by No Change
husband upon his wife
during separation
376C 68 Sexual intercourse by a No Change
person in authority
376D 70(1) Gang rape No Change
376D 70(2) Gang rape Death sentence was provided under
A section 376 DB of IPC for gang rape

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 IPC BNS Title in BNS Changes in BNS
376D of woman under 12 years of age. No
B death penalty was provided for gang
rape of woman aged below 16 but
above 12 in section 376 DA. Now
section 70(2) of BNS provides death
penalty for gang rape of women
under 18 years of age.
376E 71 Punishment for repeat No Change
offenders
377 The reference to section 377 has
been removed.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
378 303(1) Theft No Change
379 303(2) Theft In case of repeat offences of theft,
more stringent punishment is
provided in BNS by way of rigorous
imprisonment for a term which shall
not be less than one year but which
may extend to 5 years and with fine.
New 304 Snatching Defines “Snatching” as a distinct
offence.
Whoever commits snatching, shall
be punished with imprisonment of
either description for a term which
may extend to three years, and shall
also be liable to fine
380 305 Theft in a dwelling house, or Theft of Idol or Icon in any place of
means of transportation or worship and theft of any property of
place of worship, etc the Government or of a Local
Authority.
381 306 Theft by clerk or servant of Summary trial is mandatory.
property in possession of
master
382 307 Theft after preparation made No Change
for causing death, hurt or
restraint in order to
committing of theft
383 308(1) Extortion No Change
384 308(2) Extortion Punishment enhanced from 3 years
to 7 years
385 308(3) Extortion No Change
386 308(5) Extortion No Change
387 308(4) Extortion No Change
388 308(7) Extortion No Change
389 308(6) Extortion No Change

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IPC BNS Title in BNS Changes in BNS
390 309(1)/ Robbery No Change
(2)/(3)
391 310(1) Dacoity No Change
392 309(4) Robbery No Change
393 309(5) Robbery No Change
394 309(6) Robbery No Change
395 310(2) Dacoity No Change
396 310(3) Dacoity Prescribed punishment under this
section of BNS is “Shall not be less
than 10 years”. Earlier it was “which
may extend to 10 years”.
397 311 Robbery or dacoity, with No Change
attempt to cause death or
grievous hurt.
398 312 Attempt to commit robbery or No Change
dacoity when armed with
deadly weapon.
399 310(4) Dacoity No Change
400 310(6) Dacoity No Change
401 313 Punishment for belonging Term “Thugs” is removed
to gang of robbers, etc
402 310(5) Dacoity No Change
403 314 Dishonest Minimum imprisonment term of 6
misappropriation of months is stipulated under section
property 314 of BNS which was not the case
in section 403 of IPC.
While section 403 of IPC stipulated
imprisonment or fine or both as
punishment, section 314 stipulates
imprisonment and fine as
punishment.
404 315 Dishonest No Change
misappropriation of
property possessed by
deceased person at the
time of his death
405 316(1) Criminal breach of trust No Change
406 316(2) Criminal breach of trust Imprisonment enhanced from
3 years to 5 years.
407 316(3) Criminal breach of trust No Change
408 316(4) Criminal breach of trust No Change
409 316(5) Criminal breach of trust No Change
410 317(1) Stolen Property Word ‘cheating’ is added in of BNS
411 317(2) Stolen Property No Change
412 317(3) Stolen Property No Change

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IPC BNS Title in BNS Changes in BNS
413 317(4) Stolen Property No Change
414 317(5) Stolen Property No Change
415 318(1) Cheating No Change
416 319(1) Cheating by personation No Change
417 318(2) Cheating Punishment enhanced from
1year to 3 years
418 318(3) Cheating Punishment enhanced from
3 years to 5 years
419 319(2) Cheating by personation Punishment enhanced from
3 years to 5 years
420 318(4) Cheating No Change
421 320 fraudulent removal or Minimum imprisonment of 6 months
concealment of property to prescribed.
prevent distribution among
creditors
422 321 Dishonestly or fraudulently No Change
preventing debt being
available for creditors
423 322 Dishonest or fraudulent Punishment enhanced from
execution of deed of 2 years to 3 years
transfer containing false
statement of consideration.
424 323 Dishonest or fraudulent Punishment enhanced from
removal or concealment of 2 years to 3 years.
property
425 324(1) Mischief No Change
426 324(2) Mischief Punishment enhanced from 3
months to 6 months
- 324(3) Mischief Punishment for mischief increased
from 3 months to 6 months.
This section provides that whoever
commits mischief and their by
caused loss or damage to any
property including Government or
Local authority shall be punished
with imprisonment of upto 1 year or
with fine or both
427 324(4) Mischief 324(3) is added.
(5) The threshold monetary limit for
value of loss or damage caused by
mischief is increased from Rs. 50 in
427 IPC to Rs.20, 000 (but less
than 1 Lakh) in section 324(4) of
BNS.
Imprisonment is increased from
2 years to 5 years where loss or
damage by mischief exceeds

No change Amended Deleted New Provision Page 33

IPC BNS Title in BNS Changes in BNS
1 Lakhs.

428 325 Mischief by killing or Punishment enhanced from

maiming animal 2 years to 5 years and “AND FINE”
included
429 325 Mischief by killing or No Change
maiming animal
430 326(a) Mischief by injury, No Change
inundation, fire or explosive
substance, etc
431 326(b) Mischief by injury, No Change
inundation, fire or explosive
substance, etc
432 326(c) Mischief by injury, No Change
inundation, fire or explosive
substance, etc
433 326(d) Mischief by injury, The terms “sign or signal used for
inundation, fire or explosive navigation of rail, aircraft or ship”
substance, etc has been used.
434 326(e) Mischief by injury, No Change
inundation, fire or explosive
substance, etc
435 326(f) Mischief by injury, No Change
inundation, fire or explosive
substance, etc
436 326(g) Mischief by injury, No Change
inundation, fire or explosive
substance, etc
437 327(1) Mischief with intent to Mischief in relation to any rail or
destroy or make unsafe a aircraft is also covered.
rail, aircraft, decked vessel
or one of twenty tons
burden
438 327(2) Mischief with intent to No Change
destroy or make unsafe a
rail, aircraft, decked vessel
or one of twenty tons
burden
439 328 Punishment for intentionally No Change
running vessel aground or
ashore with intent to commit
theft, etc.
440 324(6) Mischief No Change
441 329(1) Criminal trespass and No Change
house-trespass
442 329(2) Criminal trespass and No Change
house-trespass

No change Amended Deleted New Provision Page 34

IPC BNS Title in BNS Changes in BNS
443 330(1) House-trespass and house- No Change
breaking
444 The definitions of ‘lurking house
trespass by night’ and ‘house
breaking by night’ have been
omitted.
445 330(2) House-trespass and house- No Change
breaking
446 - - House-breaking by night.
Merged with 331(4) BNS
447 329(3) Criminal trespass and Fine enhanced from Rs.500 to
house trespass Rs.5000.
448 329(4) Criminal trespass and house Fine enhanced from Rs.1000 to
trespass Rs 5000
449 332(a) House-trespass in order to No Change
commit offence
450 332(b) House-trespass in order to No Change
commit offence
451 332(c) House-trespass in order to No Change
commit offence
452 333 House-trespass after No Change
preparation for hurt, assault
or wrongful restraint
453 331(1) Punishment for house- No Change
trespass or house- breaking
454 331(3) Punishment for house- No Change
trespass or house- breaking
455 331(5) Punishment for house- No Change
trespass or house- breaking
456 331(2) Punishment for house- ‘House breaking by night’ is replaced
trespass or house- breaking with ‘house breaking after sunset
and before sunrise’
457 331(4) Punishment for house- ‘House breaking by night’ is replaced
trespass or house- breaking with ‘house breaking after sunset and
before sunrise’
458 331(6) Punishment for house- No Change
trespass or house- breaking
459 331(7) Punishment for house- No Change
trespass or house- breaking
460 331(8) Punishment for house- No Change
trespass or house- breaking
461 334(1) Dishonestly breaking open No Change
receptacle containing
property
462 334(2) Dishonestly breaking open No Change
receptacle containing

No change Amended Deleted New Provision Page 35

IPC BNS Title in BNS Changes in BNS
property

CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
463 336 (1) Forgery No Change
464 335 Making a false document No Change
465 336 (2) Forgery No Change
466 337 Forgery of record of Court or BNS specifically makes it an offence
of public register, etc.., to forge identity document issued by
Government including Aadhaar card
and voter identity card.
467 338 Forgery of valuable security, No Change
will etc.,
468 336 (3) Forgery No Change
469 336 (4) Forgery No Change
470 340 (1) Forged document or No Change
electronic record and using it
as genuine
471 340 (2) Forged document or No Change
electronic record and using it
as genuine
472 341 (1) Making or possessing No Change
counterfeit seal, etc., with
intent to commit forgery
punishable u/s.336
473 341 (2) Making or possessing No Change
counterfeit seal, etc., with
intent to commit forgery
punishable u/s.336
- 341(3) Making or possessing This new section provides that
counterfeit seal etc…, with whoever possesses any seal, plate
intent to commit forgery or other instrument knowing the
same to be counterfeit shall be
punished with imprisonment of either
description for a term which may
extend to 3 years and she will also
be liable to fine
- 341(4) Making or possessing Whoever fraudulently or dishonestly
counterfeit seal etc…, with uses as genuine any seal, plate or
intent to commit forgery other instrument knowing or having
reason to believe the same to be
counterfeited, shall be punished in
the same manner as if he had made
or counterfeited such seal plate or
other instrument.
474 339 Having possession of No Change
document described in

No change Amended Deleted New Provision Page 36

IPC BNS Title in BNS Changes in BNS
section 335 or 336, knowing
it to be forged and intending
to use it as genuine
475 342(1) Counterfeiting device or mark No Change
used for authenticating
documents described in
section 336, or possessing
counterfeit marked material
476 342(2) Counterfeiting device or No Change
mark used for authenticating
documents described in
section 336, or possessing
counterfeit marked material
477 343 Fraudulent cancellation, No Change
destruction, etc., of will
authority to adopt, or
valuable security
477A 344 Falsification of accounts No Change
478 - - Trade Mark. Repealed by the Trade
and Merchandise Marks Act, 1958,
section. 135 & Scheduled
479 345(1) Property mark No Change
480 - - Using a false trade mark. Repealed
by the Trade and Merchandise
Marks Act, 1958, s.135 & Sch
481 345(2) Property mark No Change
482 345(3) Property mark No Change
483 347(1) Counterfeiting a property No Change
mark
484 347(2) Counterfeiting a property mark No Change
485 348 Making or possession of any No Change
instrument for counterfeiting a
property mark
486 349 Selling goods marked with a No Change
counterfeit property mark
487 350(1) Making a false mark upon No Change
any receptacle containing
goods
488 350(2) Making a false mark upon No Change
any receptacle containing
goods
489 346 Tampering with property No Change
mark with intent to cause
injury

No change Amended Deleted New Provision Page 37

 IPC BNS Title in BNS Changes in BNS
489A 178 Counterfeiting coin, No Change
Government stamps, currency-
notes or bank-notes
489B 179 Using as genuine, forged or No Change
counterfeit coin, Government
stamp, currency-notes or
bank-notes
489C 180 Possession of forged or No Change
counterfeit coin, Government
stamp, currency-notes or
bank-notes
489D 181 Making or possessing No Change
instruments or materials for
forging or counterfeiting coin,
Government stamp, currency-
notes or bank-notes
489E 182 • Fine for making or using
Making or using documents
resembling currency-notes
documents resembling currency
or bank-notes notes or bank notes increased
from Rs.100 to Rs.300
• Fine for refusal to disclose the
name and address of the printer
increased from Rs.200 to Rs.600.
CHAPTER XIX
OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE
490 - - Breach of contract of service during
voyage or journey. Repealed by the
Workmen's Breach of Contract
(Repealing) Act, 1925
491 357 Breach of contract to attend Fine amount increased from
on and supply wants of Rs.200 to Rs.5000
helpless person.
- 358 Repeal and savings Section 358 of the BNS repeals the
IPC, however, it protects the
previous operation of the IPC, or
anything done or suffered under the
IPC.
492 - - Breach of contract to serve at distant
place to which servant is conveyed at
master's expense. Repealed by the
Workmen's Breach of Contract
(Repealing) Act,1925
CHAPTER XX
OF OFFENCES RELATING TO MARRIAGE
493 81 Cohabitation caused by man No Change
deceitfully inducing belief of
lawful marriage
494 82(1) Marrying again during No Change
lifetime of husband or wife

No change Amended Deleted New Provision Page 38

 IPC BNS Title in BNS Changes in BNS
495 82(2) Marrying again during No Change
lifetime of husband or wife
496 83 Marriage ceremony No Change
fraudulently gone through
without lawful marriage.
497 -- --- Adultery declared unconstitutional
vide Joseph Shine vs. UOI
498 84 Enticing or taking away or • Words ‘from that man or from any
detaining with criminal person having the care of her on
intent a married woman. behalf of that man’ are omitted
from 498 IPC.
• Section 84 of BNS protects a
married woman whether or not
she is living in the care of her
husband or any other person who
is taking care of her on behalf of
her husband.
CHAPTER XX-A
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
498A 85 Husband or relative of No Change
husband of a woman
subjecting her to cruelty
-- 86 Cruelty defined 498, Explanation. Cruelty defined.
CHAPTER XXI
OF DEFAMATION
499 356(1) Defamation Words “in any manner” is used.
500 356(2) Defamation Alternate Punishment of Community
Service is added.
501 356(3) Defamation No Change
502 356(4) Defamation No Change
CHAPTER XXII
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
503 351(1) Criminal intimidation The words criminal intimidation ‘by
any means’ is added.
504 352 Intentional insult with intent No Change
to provoke breach of peace
505 353 Statements conducing to Words used in section 505(2) of IPC
public mischief. were “circulates any statement or
report containing rumour or alarming
news” is replaced with “circulates
any statement or report containing
false information, rumours or
alarming news including through
electronic means.”
506 351(2) Criminal intimidation No Change
506(II) 351(3) Criminal intimidation No Change

No change Amended Deleted New Provision Page 39

IPC BNS Title in BNS Changes in BNS
507 351(4) Criminal intimidation No Change
508 354 Act caused by inducing No Change
person to believe that he
will be rendered an object
of Divine displeasure.
509 79 Word, gesture or act No Change
intended to insult modesty
of a woman
510 355 Misconduct in public by a Fine enhanced to Rs.1000.
drunken person Alternate Community Service as a
form of punishment added.
CHAPTER XXIII
OF ATTEMPTS TO COMMIT OFFENCES
511 62 Punishment for attempting to No Change
commit offences punishable
with imprisonment for life or
other Imprisonment

****

No change Amended Deleted New Provision Page 40

 COMPARISION STATEMENT OF BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 (BNSS) AND CODE OF CRIMINAL PROCEDURE (Cr.P.C)

Cr.P.C BNSS Title in BNSS Changes in BNSS

CHAPTER I
PRELIMINARY
Short title, extent and Bharatiya Nagarik Suraksha
1 1
commencement Sanhita, 2023.
2 2 Definitions No change
- 2(1) a “Audio-video electronic New definition (the definition shall
means” include use of any communication
device for the purpose of
➢ Video conferencing,
➢ recording of processes of
identification,
➢ search and seizure or evidence,
➢ transmission of electronic
communication, and
➢ for such other purposes and by
such other means as the state
Government may, by rules
provide)
- 2(1) b “Bail” New definition(bail to mean release
of a person accused of or suspected
of Commission of an offence from
the custody of law upon certain
conditions imposed by an officer or
court on execution by such person of
a bond or a bail bond.)
2(a) 2(1)(c) "Bailable offence" No change
- 2(1)(d) “Bail bond” New definition:(Bail bond to mean
an undertaking for release with
surety)
- 2(1) (e) “Bond” New definition: (Bond to mean a
personal bond or an undertaking for
release without surety.)
2(b) 2(1) (f) "Charge" No change
2(c) 2(1) (g) "Cognizable offence” No change
2(d) 2(1) (h) "Complaint" No change
- 2(1) (i) “Electronic New definition:
communication” (Electronic communication means
the communication of any written,
verbal, pictorial information or video
content transmitted or transferred
➢ whether from one person to
another or from one device to
another or from a person to a
device or from device to a person
➢ by means of an electronic device
including a telephone mobile

No change Amended Deleted New Provision Page 41

 phone or other wireless
telecommunication device or a
computer or audio video players
or cameras or any other
electronic device or electronic
form as may be specified by
notification by the central
government.
2(e) 2(1)(j) "High Court" No change
2(f) - - “India” is Repealed
2(g) 2(1)(k) "Inquiry" No change
2(h) 2(1)(l) "Investigation" New Explanation inserted. The
provisions of special Act shall prevail
in investigation of offences under
special Acts.
2(i) 2(1) (m) "Judicial proceeding" No change
2(j) 2(1) (n) "Local jurisdiction" No change
2(k) -- -- “metropolitan area” is Repealed
2(l) 2(1) (o) "Non-cognizable offence" No change
2(m) 2(1) (p) "notification" No change
2(n) 2(1) (q) "offence" No change
2(0) 2(1) (r) "officer in charge of a No change
police station"
2(p) 2(1) (s) "place" No change
2(q) -- -- “pleader” is repealed
2(r) 2(1) (t) "police report" No change
2(s) 2(1) (u) "police station" No change
2(t) --- --- “prescribed” is repealed
2(u) 2(1) (v) "Public Prosecutor" No change
2(v) 2(1) (w) "sub-division" No change
2(w) 2(1)(x) "summons-case" No change
2(wa) 2(1)(y) "victim" No change
2(x) 2(1)(z) "warrant-case" No change
2(y) 2(2) Words and expressions Sub-section (2) is added in place of
not defined (2(y) of Cr.P.C. It provides that
words and expressions used herein
have the same meaning in the BNS
and IT Act-2000.
Construction of
3 3 No change
references
Trial of offences under
4 4 Bhartiya Nyaya Sanhita No change
and other laws
5 5 Saving No change
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Concepts of Metropolitan Area and
Classes of Criminal
6 6 Metropolitan Magistrate are now
Courts.
abolished.

No change Amended Deleted New Provision Page 42

 7 7 Territorial divisions No change
8 — Metropolitan areas is repealed.
Cr.P.C BNSS Title in BNSS Changes in BNSS
9 8 Court of Session No change
Subordination of Assistant Sessions
10 —
Judge is repealed.
Courts of Judicial
11 9 No change
Magistrates
Chief Judicial Magistrate
12 10 and Additional Chief No change
Judicial Magistrate, etc.
Special Judicial
13 11 No change
Magistrates
Local jurisdiction of
14 12 No change
Judicial Magistrates
Subordination of Judicial
15 13 No change
Magistrates
Courts of Metropolitan Magistrates
16 —
is repealed
Chief Metropolitan Magistrate and
17 — Additional Chief Metropolitan
Magistrate is repealed
Special Metropolitan Magistrates is
18 —
repealed
Subordination of Metropolitan
19 —
Magistrates is repealed
20 14 Executive Magistrates No change
New explanation:
State Government can also appoint
Special Executive
21 15 any police officer not below the rank
Magistrates
of SP or equivalent as Special
Executive Magistrate.
Local Jurisdiction of
22 16 No change
Executive Magistrates
Subordination of
23 17 No change
Executive Magistrates
New explanation:
Central Govt shall appoint the PP or
Addl.PP for the National Capital
24 18 Public Prosecutors Territory of Delhi after consultation
with the High Court of Delhi.
Prosecuting Officer includes a
Special Public Prosecutor also.
New explanation:
Assistant Public
25 19 District Magistrate may appoint
Prosecutors
APP.
State Government may establish
Directorate of
25A 20 District Directorate of Prosecution of
Prosecution
every district. This section omits the

No change Amended Deleted New Provision Page 43

 requirement of concurrence of the
Chief Justice of the High Court for
appointment of a Director of
Prosecution or a Deputy Director of
Prosecution. This section also
creates new post of Assistant
Directors of Prosecution. This
section provides clear roles for
Director of Prosecution, Deputy
Director of Prosecution and
Assistant Director of Prosecution.
CHAPTER III
POWER OF COURTS
Courts by which
26 21 No change
offences are triable
Jurisdiction in the case of juveniles
27 — -
is repealed
Sentences which High
Power of ASJ to pass sentences has
28 22 Courts and Sessions
been omitted
Judges may pass
Sec 23 (2) & (3) is added.
The monetary limits on fine which
can be imposed by Judicial
Sentences which
29 23 Magistrates of first class and Judicial
Magistrates may pass
Magistrates of second class have
been enhanced. Court can impose
fine or community service Or both.
Sentence of
30 24 imprisonment in default No change
of fine
This section omits the “by default
rule” that punishments shall run
consecutively in the order directed
by the court. Section 25 requires the
Sentence in cases of court to consider the gravity of
31 25 conviction of several
offences and clearly order such
offences at one trial
punishments to run consecutively or
concurrently. Maximum punishment
is increased from 14 years to 20
years.
Mode of conferring
32 26 No change
powers
Powers of officers
33 27 No change
appointed
34 28 Withdrawal of powers No change

No change Amended Deleted New Provision Page 44

 Powers of Judges and
Magistrates exercisable
35 29 No change
by their successors-in-
office
CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE,
AID TO MAGISTRATES AND POLICE
Cr.P.C BNSS Title in BNSS Changes in BNSS
Powers of superior
36 30 No change
officers of police
Public when to assist
37 31 No change
Magistrates and police
Aid to person, other than
38 32 police officer, executing No change
warrant
Public to give
39 33 information of certain No change
offences
Duty of officers employed
in connection with the
40 34 Defines “Proclaimed Offender”
affairs of a village to make
certain report
CHAPTER V
ARREST OF PERSONS
(Old Secs 41& 41A)
Section 35 clause 7 of BNSS is a
new provision.
When police may arrest 35(7) Provides that no arrest shall
41 be made without the prior
without warrant…
& 35 permission of an officer not below
41A the rank of Deputy Superintendent
of Police in cases where the offence
is punishable for less than 3 years
and the person is infirm or above 60
years of age.
Section 41B required the information
of arrest to be given to relative or
Procedure of arrest and friend named by person arrested.
41B 36 duties of officer making Section 36 of BNSS requires the
arrest information of arrest be given to
relative or a friend or any other
person named by person arrested.
Sec. 37 of the BNSS provides that
the state government shall
Designated Police
designate a police officer in every
Officer
41C 37 district and in every police station
not below the rank of assistant sub
inspector of police who shall be
responsible for maintaining the

No change Amended Deleted New Provision Page 45

 information about the names and
addresses of the persons arrested,
nature of the offence with which
charged, which shall be prominently
displayed in any manner including in
digital mode in every police station and
at the district headquarters.
Right of arrested person
to meet an advocate of
41D 38 No change
his choice during
interrogation
Under Section 42 of Cr.P.C, person
Arrest on refusal to give arrested can be released on his
name and residence executing a bond with or without
42 39
sureties. Under section 39 of BNSS,
person arrested can be released on
a bond or bail bond.
Section 40 of BNSS makes changes
to private arrest provisions by setting
a deadline of 6 hours from such
Arrest by private person arrest within which the private
and procedure on such person affecting private arrest shall
43 40 arrest handover the person subjected to
private arrest to the police.
Section 40(2) of BNSS has
substituted the words “shall re-arrest
him” in Cr.P.C with the words “shall
take him to custody”.
44 41 Arrest by Magistrate No change
Protection of members
45 42 of the Armed Forces No change
from arrest
Section. 43 (3)
Guidelines to use handcuff:
The police officer may, keeping in
view the nature and gravity of the
offence, use handcuff while effecting
the arrest of a person who is a
habitual, repeat offender who
Arrest how made escaped from custody, who has
46 43 committed offence of organised
crime, offence of terrorist act, drug
related crime, or offence of illegal
possession of arms and
ammunition, murder, rape, acid
attack, counterfeiting of coins and
currency notes, human trafficking,
sexual offences against children or
offences against the State.

No change Amended Deleted New Provision Page 46

 Search of place entered
47 44 by person sought to be No change
arrested
Pursuit of offenders into
48 45 No change
other jurisdictions
49 46 No unnecessary restraint No change
Person arrested to be
50 47 informed of grounds of No change
arrest and of right to bail
Obligation of person
48 (1) is added. Information of arrest
making arrest to inform
50A 48 shall be given to the Designated
about the arrest, etc., to
Police Officer.
relative or friend
Search of arrested
51 49 No change
person
Section 50 of BNSS empowers the
Police Officer or other person
making the arrest to seize offensive
Power to seize offensive weapons from the arrest
52 50
weapons immediately after the arrest is made.
Section 52 of Cr.P.C offered no
clarity on when this power is
exercisable.
Section 51 of BNSS has revised the
definition of “registered medical
Examination of accused practitioner.” In Cr.P.C, the request
by medical practitioner at for medical examination can be
53 51
the request of police made by police officer not below the
officer rank of sub inspector. Under the new
section of BNSS, request can be
made by any police officer
In case of examination of person
accused of rape by medical
practitioner, if there is no registered
medical practitioner available within
Examination of person
the radius of 16 kilometres from the
53A 52 accused of rape by
place where the offence of rape has
medical practitioner
been committed, the new section of
BNSS allows such RMP to act on the
request of any police officer
irrespective of rank.
Section 53(1) provides that if the
registered medical practitioner is of
Examination of arrested the opinion that one more
54 53
person by medical officer
examination of arrested person is
necessary, he may do so.

No change Amended Deleted New Provision Page 47

 Recording of identification process
Identification of person by audio/video electronic means, if
54A 54
arrested
identifying person is disabled.
Procedure when police
55 55 officer deputes subordinate No change
to arrest without warrant
Health and safety of
55A 56 No change
arrested person
Person arrested to be
taken before Magistrate
56 57 No change
or officer in charge of
police station
Person arrested not to The accused shall be produced
57 58 be detained more than before the magistrate’s court
twenty-four hours whether having jurisdiction or not.
Police to report
58 59 No change
apprehensions
Discharge of person
59 60 No change
apprehended
Power, on escape, to
60 61 No change
pursue and retake
Arrest to be made strictly
60A 62 No change
according to the Sanhita
CHAPTER VI
PROCESS TO COMPEL APPEARANCE
Section 63 of BNSS allows the court
to issue summons in an encrypted or
61 63 Form of summons any other form of electronic
communication with the image of the
seal of the court or digital signature.
The SHO/ Registrar in the court has
to maintain process register with the
Summons how served address along with email address,
62 64
Phone Number etc to facilitate the
serving of the summons through
electronic media.
The new section provides that
service of summons on a firm or
other association of individuals may
Service of summons on be affected by serving it on any
corporate bodies, firms, partner of such firm or association or
63 65 and societies by letter sent by registered post
addressed to such partner in which
case the service shall be deemed to
have been effected when the letter
would arrive in ordinary course of
post.

No change Amended Deleted New Provision Page 48

 Service when persons
64 66 summoned cannot be No change
found
Procedure when service
65 67 cannot be effected as No change
before provided
Service on Government
66 68 No change
servant
Service of summons
67 69 No change
outside local limits
Proof of service in such Clause (3) is added, treating
68 70 cases and when serving electronic communication is also
officer not present serving of Summons.
Service of summons on Electronic communication of
69 71 witness summons is included
Form of warrant of arrest
70 72 No change
and duration
Power to direct security
71 73 No change
to be taken
Warrants to whom
72 74 No change
directed
Warrant may be directed
73 75 No change
to any person
Warrant directed to
74 76 No change
police officer
Notification of substance
75 77 No change
of warrant
Person arrested to be
76 78 brought before Court No change
without delay
Where warrant may be
77 79 No change
executed
Warrant forwarded for
78 80 execution outside No change
jurisdiction
Warrant directed to
police officer for
79 81 No change
execution outside
jurisdiction
Clause (2) is added.
Procedure on arrest of
Police officer shall furnish arrest
80 82 person against whom
information to the DPO (Designated
warrant issued
Police Officer).
Procedure by Magistrate
before whom such
81 83 No change
person arrested is
brought
82 84 Proclamation for person No change
absconding

No change Amended Deleted New Provision Page 49

 Attachment of property
83 85 No change
of person absconding
This is a new provision.
The Court may, on the written
request from a police officer not
below the rank of the
Superintendent of Police or
Identification and
Commissioner of Police, initiate the
attachment of property of
86 process of requesting assistance
proclaimed offender:
from a Court or an authority in the
contracting State for identification,
attachment and forfeiture of property
belonging to a proclaimed person in
accordance with the procedure
provided in Chapter VIII.
Claims and objections to
84 87 No change
attachment
Release, sale and
85 88 restoration of attached No change
property
Appeal from order
rejecting application for
86 89 No change
restoration of attached
property
Issue of warrant in lieu
87 90 of, or in addition to, No change
summons
Power to take bond for
88 91 No change
appearance
Arrest on breach of bond
89 92 No change
for appearance
Provisions of this
Chapter generally
90 93 applicable to
No change
summonses and
warrants of arrest
CHAPTER VII
PROCESS TO COMPEL THE PRODUCTION OF THINGS
As telegram is no longer used, sec.
94 of BNSS omits references to
telegram and Telegraph authority.
Production of electronic
Summons to produce
91 94 communication including
document or other thing
communication devices which is
likely to contain digital evidence.
Summons can be issued either in
physical form or in electronic form.
Omits references to Telegraph
92 95 Procedure as to letters
authority.

No change Amended Deleted New Provision Page 50

 When search-warrant
93 96 No change
may be issued
Search of place
suspected to contain
94 97 No change
stolen property, forged
documents, etc.
Power to declare certain
publications forfeited and
95 98 No change
to issue search-warrants
for the same
Application to High Court
96 99 to set aside declaration No change
of forfeiture
Search for persons
97 100 No change
wrongfully confined
Power to compel
98 101 restoration of abducted No change
females
Cr.P.C BNSS Title in BNSS Changes in BNSS
Direction, etc., of search-
99 102 No change
warrants
Persons in charge of
100 103 closed place to allow No change
search
Disposal of things found
101 104 in search beyond No change
jurisdiction
This is a new provision.
The process of conducting search of
a place or taking possession of any
property, article or thing under this
Recording of search
Chapter or under section 185,
and seizure through
including preparation of the list of all
audio video electronic
things seized in the course of such
means:
search and seizure and signing of
105
such list by witnesses, shall be
recorded through any audio-video
electronic means preferably cell
phone and the police officer shall
without delay forward such
recording to the District Magistrate,
Sub-divisional Magistrate or Judicial
Magistrate of the first class.
Power of police officer to
102 106 No change
seize certain property
This is a new provision.
Attachment, forfeiture or BNSS adds a new Section 107
107
restoration of property. which give vast powers of seizure
and attachment of property. This

No change Amended Deleted New Provision Page 51

 section gives police the power to
have the property of any accused
seized and forfeited if it is suspected
to be involved in criminal activity.
Magistrate may direct
103 108 No change
search in his presence
Power to impound
104 109 document, etc., No change
produced
Reciprocal
105 110 arrangements regarding No change
processes
CHAPTER VIII
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS
AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
(NEW)
105A 111 Definitions No Change
105A
111(a) Contracting state No Change
(a)
Cr.P.C BNSS Title in BNSS Changes in BNSS
105A
111(b) Identifying No Change
(b)
105A
111(c) Proceeds of crime No Change
(c)
105A
111(d) Property No Change
(d)
105A
111(e) Tracing No Change
(e)
Letter of request to Letter of request to competent
competent authority for authority for investigation in a
166A 112
investigation in a country country or place outside India.
or place outside India.
Letter of request from a Letter of request from a country or
country or place outside place outside India to a Court or an
166B 113 India to a Court or an authority for investigation in India.
authority for investigation
in India.
Assistance in securing
105B 114 No change
transfer of persons
Assistance in relation to
105C 115 orders of attachment or No change
forfeiture of property
Identifying unlawfully
105D 116 No change
acquired property.
Seizure or attachment of
105E 117 No change
property

No change Amended Deleted New Provision Page 52

 Management of properties
105F 118 seized or forfeited under No change
this Chapter
Notice of forfeiture of
105G 119 No change
property
Forfeiture of property in
105H 120 No change
certain cases
105-I 121 Fine in lieu of forfeiture No change
Certain transfers to be
105J 122 No change
null and void
Procedure in respect of
105K 123 No change
letter of request
Application of this
105L 124 No change
Chapter
CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND GOOD BEHAVIOR
Security for keeping the
106 125 No change
peace on conviction
Security for keeping the
107 126 No change
peace in other cases
Security for good
behaviour from persons
108 127 No change
disseminating seditious
matters
Cr.P.C BNSS Title in BNSS Changes in BNSS
Security for good
109 128 behaviour from No change
suspected persons
➢ The BNSS omitted reference to
the Foreign Exchange
Regulation Act, 1973.
➢ Replaced reference to the
“Prevention of Food
Security for good
Adulteration Act, 1954 with the
110 129 behaviour from habitual
“Food Safety and Standards Act
offenders
2006”.
➢ Replaced reference to the
“Untouchability Offences Act,
1955” with the “Protection of
Civil Rights Act, 1955.
Section 130 replaces the words “the
number, character and class of
sureties (if any) required as used in
111 130 Order to be made
section 111 of Cr.P.C with “the
number of sureties after considering
the fitness for payment of sureties”.
Procedure in respect of
112 131 No change
person present in Court

No change Amended Deleted New Provision Page 53

 Summons or warrant in
113 132 case of person not so No change
present
Copy of order to
114 133 accompany summons or No change
warrant
Power to dispense with
115 134 No change
personal attendance
Inquiry as to truth of
116 135 No change
information
117 136 Order to give security No change
Discharge of person
118 137 No change
informed against
Commencement of
119 138 period for which security No change
is required
120 139 Contents of bond No change
121 140 Power to reject sureties No change
Imprisonment in default
122 141 No change
of security
Power to release
123 142 persons imprisoned for No change
failing to give security
Security for unexpired
124 143 No change
period of bond
CHAPTER X
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
Order for maintenance of
125 144 wives, children and No change
parents
Word “advocate” is used for word
“pleader”.
Section 145(1) (d) provides that
126 145 Procedure proceedings may be taken against
any person in any district “where his
father or mother resides”. This is a
new provision.
127 146 Alteration in allowance No change
Enforcement of order of
128 147 No change
maintenance
CHAPTER XI
MAINTENANCE OF PUBLIC PEACE AND TRANQUILITY
Section 148 of BNSS has replaced
the words “any male person” with
Dispersal of assembly by the words “any person” so as to
129 148
use of civil force empower the executive magistrate
or police officer to take assistance of
any person irrespective of gender of

No change Amended Deleted New Provision Page 54

 such person for dispersing unlawful
assembly

Empowered the District Magistrate

or any other Executive Magistrate
authorised by him who is present to
cause unlawful assembly to be
Use of armed forces to dispersed by the armed forces.
130 149
disperse assembly Previously, Cr.P.C empowered the
Executive Magistrate of the highest
rank present to cause unlawful
assembly to be dispersed by the
armed forces.
Power of certain armed
131 150 force officers to disperse No change
assembly
Protection against
prosecution for acts
132 151 No change
done u/secs.148, 149
and 150
Under section 133 of Cr.P.C, order
can be made “to prevent or stop the
construction of such building tent or
Public Nuisance. structure or to remove or support of
133 152 Conditional order for such trees”. Section 152 of BNSS
removal of nuisance order can be made “to prevent or
stop the construction of such
building or to alter the disposal of
such substance.”
Service or notification of
134 153 No change
order
The person against whom
conditional order for removal of
Person to whom order is
nuisance is made, such person can
135 154 addressed to obey or
show cause through audio video
show cause
conferencing instead of appearing in
person and showing cause.
Penalty for failure to
136 155 No change
comply with section 154
Procedure where
137 156 existence of public right No change
is denied
The proceedings under this section
Procedure where person shall be completed as soon as
against whom order is possible within a period of 90 days
138 157
made under section 152 which may be extended for the
appears to show cause reasons to be recorded in writing to
120 days.
Power of Magistrate to
139 158 No change
direct local investigation

No change Amended Deleted New Provision Page 55

 and examination of an
expert
Power of Magistrate to
140 159 furnish written No change
instructions, etc.
Procedure on order
being made absolute
141 160 No change
and consequences of
disobedience
Injunction pending
142 161 No change
inquiry
➢ Section 143 of Cr.P.C provides
that a District Magistrate or Sub-
Divisional Magistrate or any
other Executive Magistrate
empowered by the State
Government or the District
Magistrate may prohibit
Magistrate in this behalf may
143 162 repetition or continuance
order any person not to repeat
of public nuisance
or continue a Public Nuisance.
➢ Under section 162 of BNS a
Deputy Commissioner of Police
is also empowered to order any
person not to repeat or continue
a public nuisance.
Power to issue order in
144 163 urgent cases of nuisance No change
or apprehended danger
Power to prohibit carrying arms in
144A — --- procession or mass drill or mass
training with arms is repealed.
Procedure where dispute
concerning land or water
145 164 No change
is likely to cause breach
of peace
Power to attach subject
146 165 of dispute and to appoint No change
receiver
Dispute concerning right
147 166 No change
of use of land or water
148 167 Local inquiry No change
CHAPTER XII
PREVENTIVE ACTION OF THE POLICE
Police to prevent
149 168 No change
cognizable offences
Information of design to
150 169 commit cognizable No change
offences

No change Amended Deleted New Provision Page 56

 Arrest to prevent the
151 170 commission of No change
cognizable offences
Prevention of injury to
152 171 No change
public property
Inspection of weights and measures
153 -
is repealed.
This is a new provision.
Persons bound to All persons shall be bound to
-- 172 confirm to lawful confirm to the lawful directions of a
directions of Police police officer given in fulfillment of
any of his duty under this Chapter.
CHAPTER XIII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATION
Sec. 173 (1) of BNS allows the
information relating to the
Commission of a cognizable offence
to be given to an officer in charge of
a police station by electronic
communication.
In such a case it shall be taken on
record by him on being signed within
3 days by the person giving it. The
substance of such electronic
communication shall be entered in a
book to be kept by such officer in
such form as the state government
may prescribe in this behalf.

Information in cognizable Sec. 173(2) requires a copy to be so

cases given to the informant or the victim.
154 173
Sec. 173(3) is a new provision. It
provides that on receipt of
information relating to the
Commission of any cognizable
offences which is made punishable
for 3 years or more but less than 7
years the officer in charge of the
police station may with the prior
permission of an officer not below
the rank of Deputy Superintendent
of Police, considering the nature and
gravity of the offense -proceed to
conduct a preliminary enquiry to
ascertain whether there exists a
prima facie case for proceeding in
the matter within a period of 14 days
---or proceed with investigation

No change Amended Deleted New Provision Page 57

 when there exists a prima facie
case.
Sec. 173(4) the words “failing which
he may make an application under
subsection 3 of section 175 to the
magistrate.” This provision was not
there in section 154(4) of Cr.P.C.
Information as to non- Forward the daily diary report of all
cognizable cases and such cases fortnightly to the
155 174
investigation of such Magistrate.
cases
➢ Provided that considering the
nature and gravity of the offence,
the Superintendent of Police may
require the Deputy
Superintendent of Police to
investigate the offence.
➢ 175(4)(NEW PROVISION) Any
Police officer’s power to Judicial Magistrate empowered
investigate cognizable under section 210, may upon
156 175 case receiving a complaint against a
public servant arising in course of
the discharge of his official duties,
take cognizance, subject to—
(a) receiving a report containing
facts and circumstances of the
incident from the officer superior to
him; and
(b) after consideration of the
assertions
176(1) of BNSS permits recording of
rape victim’s statement through any
audio-video electronic means
preferably cell phone.

176(3) of BNSS is a New Provision.

It provides that on receipt of every
information relating to the
Commission of an offence which is
Procedure for
made punishable for 7 years or
157 176 investigation
more, the officer in charge of a police
station shall, from such date, as may
be notified within a period of 5 years
by the State Government in this
regard, cause the forensic expert to
visit the crime scene to collect
forensic evidence in the offence and
also cause of videography of the
process on mobile phone or any
other electronic device.

No change Amended Deleted New Provision Page 58

 Where forensics facility is not
available in respect of any such
offence, the State Government shall,
until the facility in respect of that
matter is developed or made in the
state, notify the utilization of such
facility of any other state.
No Change
158 177 Report how submitted
Power to hold
159 178 investigation or No Change
preliminary inquiry
Under section 160 Cr.P.C, no male
person under the age of 15 years or
above the age of 65 years or a
woman or a mentally or physically
disabled person shall be required to
attend at any place other than the
place in which such male person or
Police officer’s power to woman resides. Section 179 of
160 179 require attendance of BNSS extends the above exemption
witnesses to person with acute illness. And
persons above the age of 60 years.
Section 179(1) of BNSS further
provides that if such exempted
person is willing to attend the police
station or at any other place within
the limits of such police station, such
person may be permitted so to do.
Examination of
161 180 No change
witnesses by police
Statements to police and
162 181 No change
use thereof
No inducement to be
163 182 No change
offered
Provided further that in cases relating to
Recording of the offences punishable with
confessions and imprisonment for ten years or more or
164 183 statements imprisonment for life or with death, the
Judicial Magistrate shall record the
statement of the witness brought before
him by the police officer.
Section 184 of BNSS incorporates
the provisions of section 164A with
one difference. It makes the
Medical examination of submission of medical examination
164A 184
the victim of rape report by RMP, time -bound by
requiring that medical examination
report be submitted within a period
of 7 days.

No change Amended Deleted New Provision Page 59

 Provided that the search conducted
under this section shall be recorded
through audio-video electronic
165 185 Search by police officer means preferably by mobile phone.
Copies of record made shall
forthwith, but not late later than 48
hours, be sent to Magistrate.
When officer in charge of
police station may
166 186 No change
require another to issue
search-warrant
Removed and included in Section
166A —
112
Removed and included in Section
166B —
113
The Judicial Magistrate to whom an
accused person is forwarded under
this section may, irrespective of
whether he has or has no jurisdiction
to try the case, after taking into
consideration the status of the
accused person as to whether he is
not released on bail or his bail has
not been cancelled, authorise, from
Procedure when time to time, the detention of the
investigation cannot be accused in such custody as such
completed in twenty-four Magistrate thinks fit, for a term not
167 187
hours exceeding fifteen days in the whole,
or in parts, at any time during the
initial forty days or sixty days out of
detention period of sixty days or
ninety days, as the case may be, as
provided in sub-section (3), and if he
has no jurisdiction to try the case or
commit it for trial, and considers
further detention unnecessary, he
may order the accused to be
forwarded to a Judicial Magistrate
having such jurisdiction.
Report of investigation
168 188 by subordinate police No change
officer
Release of accused 189 Sections Added.
169 189
when evidence deficient
Provided that if the accused is not in
Cases to be sent to custody, the police officer shall take
Magistrate, when security from such person for his
170 190
evidence is sufficient appearance before the Magistrate
and the Magistrate to whom such
report is forwarded shall not refuse

No change Amended Deleted New Provision Page 60

 to accept the same on the ground
that the accused is not taken in
custody.
Complainant and
witnesses not to be
171 191 required to accompany No change
police officer and not to
be subjected to restraint
192 (2) & (3) Added.
Diary of proceedings in
172 192 Statements of witnesses inserted in
investigation
the case diary.
193(2):-Requirement of time bound
completion of investigation within
2 months applicable to offences of
rape and gang rape have been
extended to offences under
POCSO.
193(3) (i):-the report to the
magistrate can also be forwarded
through electronic communication.
193(3) (ii):-the police officer shall
within 90 days inform the progress of
investigation by any means
including electronic communication
Report of police officer to informant or the victim.
173 193 on completion of 193(8):-makes it obligatory for police
investigation officer investigating the case to
submit such number of copies of the
police report along with other
documents duly indexed depth to
the magistrate for supply to the
accused as required under section
230.
193(9):- provides that investigation
during the trial may be conducted
with the permission of the court
trying the case and same shall be
completed within a period of 90 days
which may extend, with the
permission of court.
194 (2): Forwarding report to District
Police to enquire and
174 194 Magistrate or Sub-Divisional
report on suicide, etc.
Magistrate within twenty-four hours.
Provided that no male person under
the age of fifteen years or above the
Power to summon age of sixty years or a woman or a
175 195 persons mentally or physically disabled
person or a person with acute illness
shall be required to attend at any
place other than the place where

No change Amended Deleted New Provision Page 61

 such person resides, unless such
person is willing to attend and
answer at the police station or at any
other place within the limits of such
police station.
Inquiry by Magistrate
176 196 No change
into cause of death
CHAPTER XIV
JURISDICTION OF THE CRIMINAL COURTS IN ENQUIRIES AND TRIALS
Ordinary place of inquiry
177 197 No change
and trial
178 198 Place of inquiry or trial No change
Offence triable where act
179 199 is done or consequence No change
ensues
Place of trial where act is
180 200 an offence by reason of No change
relation to other offence
Place of trial in case of
181 201 No change
certain offences
Offences committed by means of
Offences committed by electronic communications,
182 202
means of letters, etc. letters, etc. The word electronic
communication is added
Offence committed on
183 203 No change
journey or voyage
Place of trial for offences
184 204 No change
triable together
Power to order cases to
185 205 be tried in different No change
sessions divisions
High Court to decide, in
case of doubt, district
186 206 No change
where inquiry or trial shall
take place
Cr.P.C BNSS Title in BNSS Changes in BNSS
Power to issue
summons or warrant for
187 207 No change
offence committed
beyond local jurisdiction
Provides that an offender may be dealt
with in respect of offence committed
Offence committed outside India as if it had been committed
188 208
outside India at any place within India at which he
may be found or where the offence is
registered in India.
Receipt of evidence Words,” either in physical form or in
189 209 relating to offences electronic form” are added in section
committed outside India 209 of BNSS.

No change Amended Deleted New Provision Page 62

 CHAPTER XV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
Section 210 of BNSS, retains the
same 3 modes of taking cognizance
as in Cr.P.C but adds the term
“including any complaint filed by a
Cognizance of offences
190 210 person authorised under any special
by Magistrate
law” in the first mode. It also
explicitly mentions that police
reports can be recorded in any mode
including digital mode
Transfer on application
191 211 No change
of the accused
Making over of cases to
192 212 No change
Magistrates
Cognizance of offences
193 213 No change
by Courts of Session
Additional Sessions
194 214 Judges to try cases No change
made over to them
Prosecution for contempt Section 215(1) of BNSS has
of lawful authority of modified the provisions so as to
public servants, for enable cognizance on complaint in
195 215 offences against public writing of public servant concerned
justice and for offences or some other public servant who is
relating to documents authorised by the concerned public
given in evidence servant or so to do.
Procedure for witnesses
195A 216 in case of threatening, No change
etc.
Prosecution for offences
against the State and for
196 217 No change
criminal conspiracy to
commit such offence
BNSS provides that Government
shall take a decision within a period
of 120 days from the date of the
Prosecution of Judges receipt of the request for sanction
197 218
and public servants and in case it fails to do so, the
sanction shall be deemed to have
been accorded by such
Government.
For words “person who is under the
age of 18 years or is an idiot or a
Prosecution for offences lunatic “, words “person who is a
198 219
against marriage child or is of unsound mind or is
having intellectual disability
requiring higher support” are used.
Prosecution of offences
198A 220 No change
under section 498A of

No change Amended Deleted New Provision Page 63

 the Bharatiya Nyaya
Sanhita, 2023
198B 221 Cognizance of offence No change
For words “person who is under the
age of 18 years or is an idiot or a
Prosecution for lunatic “, words “person who is a
199 222
defamation child or is of unsound mind or is
having intellectual disability
requiring higher support” are used.
CHAPTER XVI
COMPLAINTS TO MAGISTRATES
No change
Examination of
Provided further that in case of a
complainant
200 223 complaint against a public servant,
the Magistrate shall comply with the
procedure provided in section 217.
Procedure by Magistrate
201 224 not competent to take No change
cognizance of the case
Postponement of issue
202 225 No change
of process
203 226 Dismissal of complaint No change
CHAPTER XVII
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Summons or Warrants may also be
204 227 Issue of process
issued through electronic means.
Magistrate may dispense
205 228 with personal attendance No change
of accused
The Monetary limit of fine for the
purpose of definition of “petty
offence” is increased by section 229
Special summons in of BNSS from Rs. 1000 to Rs.5000.
206 229
cases of petty offence The monetary limit for fine specified
in Summons increased by section
229 of BNSS from Rs.1000 to
Rs.5000.
The words “without delay” have
Supply to the accused of been replaced by the words “without
207 230 copy of police report and delay and in no case beyond 14
other documents days from the date of production or
appearance of the accused”.
Supply of copies of
statements and Provided that supply of documents
208 231 documents to accused in in electronic form shall be
other cases triable by considered as duly furnished.
Court of Session
Commitment of case to ➢ Proceedings have been made a
209 232
Court of Session when time-bound.

No change Amended Deleted New Provision Page 64

 offence is triable ➢ The proceedings under this
exclusively by IT section shall be completed within
a period of 90 days from the date
of taking cognizance and such.
May be extended by the
Magistrate or for a period not
exceeding 180 days for the
reasons to be recorded in writing.
➢ Any application filed before the
Magistrate by the accused or the
victim or any person authorised
by such person in a case triable
by Court of Session, shall be
forwarded to the Court of
Session with the committal of the
case.
Procedure to be followed
when there is a
complaint case and
210 233 No change
police investigation in
respect of the same
offence
CHAPTER XVIII
THE CHARGE
211 234 Contents of charge No change
Particulars as to time,
212 235 No change
place and person
When manner of
213 236 committing offence must No change
be stated
Words in charge taken in
sense of law under
214 237 No change
which offence is
punishable
215 238 Effect of errors No change
216 239 Court may alter charge No change
Recall of witnesses
217 240 No change
when charge altered
Separate charges for
218 241 No change
distinct offences
Cr.P.C BNSS Title in BNSS Changes in BNSS
Number of offences of same kind
Offences of same kind
within a year that may be charged
219 242 within year may be
together has been increased from
charged together
3 to 5.
Trial for more than one
220 243 No change
offence

No change Amended Deleted New Provision Page 65

 Where it is doubtful what
221 244 offence has been No change
committed
When offence proved
222 245 included in offence No change
charged
What persons may be
223 246 No change
charged jointly
Withdrawal of remaining
224 247 charges on conviction on No change
one of several charges
CHAPTER XIX
TRIAL BEFORE A COURT OF SESSION
Trial to be conducted by
225 248 No change
Public Prosecutor
Words “or under any other law for
Opening case for
226 249 the time being in force” are added in
prosecution
section 249 of BNSS.
The accused may prefer an
application for discharge within a
227 250 Discharge
period of sixty days from the date of
committal under section 232.
If the judge is of opinion that there is
ground for presuming that the
accused has committed an offence
which is exclusively triable by Court,
he shall frame in writing a charge
against the accused within a period
228 251 Framing of charge
of 60 days from the date of first
hearing on charge.
Charge sheet shall be read and
explained to the accused. Accused’s
physical presence is no more
required.
Conviction on plea of
229 252 No change
guilty
Date for prosecution
230 253 No change
evidence
Provides that evidence of a witness
may be recorded by audio-video
electronic means.
231 254 Evidence for prosecution The deposition of evidence of any
police officer or public servant may
be taken through audio-video
electronic means.
232 255 Acquittal No change
233 256 Entering upon defence No change
234 257 Arguments No change

No change Amended Deleted New Provision Page 66

 After hearing arguments and points
of law (if any), the Judge shall give a
judgment in the case, as soon as
possible, within a period of thirty
Judgment of acquittal or
235 258 days from the date of completion of
conviction
arguments, which may for specific
reasons extend to a period of 45
days for reasons to be recorded in
writing.
236 259 Previous conviction No change
Procedure in cases
Quantum of compensation
237 260 instituted under section
increased from Rs.1000 to Rs.5000.
(2) of section 222
CHAPTER XX
TRIAL OF WARRANT- CASES BY MAGISTRATES
238 261 Compliance with sec.230 No change
The accused may prefer an
When accused shall be application for discharge within a
239 262
discharged period of sixty days from the date of
framing of charges.
Magistrate shall frame in writing a
charge against the accused within a
240 263 Framing of charge
period of sixty days from the date of
first hearing on charge.
241 264 Conviction on plea of guilty No change
Provides that evidence of a witness
may be recorded by audio-video
242 265 Evidence for prosecution electronic means at the designated
place to be notified by the State
Government.
Examination of witness may be done
by audio-video electronic means at
243 266 Evidence for defence
the designated place to be notified
by the State Government.
244 267 Evidence for prosecution No change
When accused shall be
245 268 No change
discharged
269(7): Closure of prosecution
evidence where attendance of PW’s
Procedure where
cannot be secured despite giving
246 269 accused is not
opportunity to the prosecution and
discharged
after taking all reasonable
measures.
247 270 Evidence for defence No change
Cr.P.C BNSS Title in BNSS Changes in BNSS
248 271 Acquittal or conviction No change
The magistrate may give 30 days’
249 272 Absence of complainant time to the complainant to be
present during hearing of the case.

No change Amended Deleted New Provision Page 67

 Compensation for
No change
250 273 accusation without
reasonable cause
CHAPTER XXI
THE TRIAL OF SUMMONS CASES BY MAGISTRATES
If the magistrate considers the
accusation as groundless, he shall,
Substance of accusation
251 274 after recording the reasons in writing
to be stated
release the accused. Such release
shall have the effect of discharge.
Conviction on plea of
252 275 No change
guilty
Conviction on plea of
253 276 guilty in absence of No change
accused in petty cases
Procedure when not
254 277 No change
convicted
255 278 Acquittal or conviction No change
Non-appearance or 30 days time limit is laid down for
256 279
death of complainant appearance of complainant.
257 280 Withdrawal of complaint No change
Power to stop proceedings
258 281 No change
in certain cases
Power of Court to convert
259 282 summons-cases into No change
warrant-cases
CHAPTER XXII
SUMMARY TRIALS
Sec.283 BNSS makes summary
trial mandatory for petty and less
serious cases.
➢ Sec.283(1) replaces the word
“may” with the word “shall” and
has also increased monetary
limits from Rs.2000 to
Rs.20,000.
➢ Sec.283(2) provides that the
Magistrate may after giving the
260 283 Power to try summarily accused a reasonable
opportunity of being heard for
reasons to be recorded in writing,
try in a summary way all or any
of the offences not punishable
with death or imprisonment for
life or imprisonment for a term
exceeding 3 years. No appeal
shall lie against decision of
magistrate to try a case in a
summary way.

No change Amended Deleted New Provision Page 68

 Summary trial by
261 284 Magistrate of the second No change
class
Procedure for summary
262 285 No change
trials
263 286 Record in summary trials No change
Judgment in cases tried
264 287 No change
summarily
Language of record and No change
265 288
judgment
CHAPTER XXIII
PLEA BARGAINING
Application of the
265A 289 No changes
Chapter
BNSS fixes a time limit for filing of
application of Plea bargaining by the
accused. Such application must be
filed within a period of 30 days from
the date of framing of charge in the
Application for plea
265B 290 court.
bargaining
It also provides that the court will
allow time not exceeding 60 days for
the public prosecutor/complainant
and accused to work out a mutually
satisfactory disposition
Guidelines for mutually
265C 291 No change
satisfactory disposition
Report of the mutually
satisfactory disposition
265D 292 No change
to be submitted before
the Court
Section 293 adopts a lenient and
rehabilitative approach in plea
bargaining cases.
In instances involving first-time
offenders, where minimum
punishment is prescribed, the Court
may impose a sentence equal to
one-fourth of the minimum
punishment—marking a departure
265E 293 Disposal of the case
from the existing norm of one-half of
the punishment.
Further, in cases where the
punishment is extendable and no
minimum punishment is prescribed,
a first-time offender may receive a
sentence equivalent to one-sixth of
the prescribed punishment,
decreasing the quantum of

No change Amended Deleted New Provision Page 69

 punishment from the previous one-
fourth standard. This provision
underscores a commitment to a
more progressive and individualized
approach to sentencing, especially
for the first-time offenders.
265F 294 Judgment of the Court No change
265G 295 Finality of the judgment No change
Power of the Court in
265H 296 No change
plea bargaining
Period of detention
undergone by the
265-I 297 accused to be set off No change
against the sentence of
imprisonment
265J 298 Savings No change
Statements of accused
265K 299 No change
not to be used
Non-application of
265L 300 No change
Chapter
CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
266 301 Definition No change
266(a) 301(a) Detained No Change
266(b) 301(b) prison No Change
Power to require
267 302 No change
attendance of prisoners
Sec.268 Cr.P.C: only State
Power of State Government had power to exclude
Government or Central certain persons confined or detained
268 303 Government to exclude in prison from being required by
certain persons from court to be brought before the court.
operation of section 302 Sec. 303 BNSS confers this power
on the Central Government also.
Officer in charge of
prison to abstain from
269 304 No change
carrying out order in
certain contingencies
Prisoner to be brought to
270 305 No change
Court in custody
Power to issue
commission for No change
271 306
examination of witness
in prison
CHAPTER XXV
EVIDENCE IN INQUIRIES AND TRIALS
Cr.P.C BNSS Title in BNSS Changes in BNSS
272 307 Language of Courts No change

No change Amended Deleted New Provision Page 70

 During trail, evidence shall be taken
in the presence of the accused’s
Evidence to be taken in advocate including through audio
273 308
presence of accused video electronic means at the
designated place to be notified by
the state government.
Dealing with evidence of woman
Record in summons-
274 309 below 18 years who is alleged to
cases and inquiries
have been raped is now omitted.
275 310 Record in warrant-cases No change
Record in trial before
276 311 No change
Court of Session
Language of record of
277 312 No change
evidence
Procedure in regard to
278 313 such evidence when No change
completed
Interpretation of
279 314 evidence to accused or No change
his advocate
Remarks respecting
280 315 No change
demeanour of witness
Sec.316 BNSS provides that where
the accused is in custody and is
Record of examination of examined through electronic
281 316
accused communication, his signature shall
be taken within 72 hours of such
examination.
Interpreter to be bound
282 317 No change
to interpret truthfully
283 318 Record in High Court No change
When attendance of
witness may be
284 319 No change
dispensed with and
commission issued
Commission to whom to
285 320 No change
be issued
Execution of
286 321 No change
commissions
Parties may examine
287 322 No change
witnesses
288 323 Return of commission No change
Adjournment of
289 324 No change
proceeding
Cr.P.C BNSS Title in BNSS Changes in BNSS
Execution of foreign
290 325 No change
commissions

No change Amended Deleted New Provision Page 71

 Deposition of medical
291 326 No change
witness
Identification report of
291A 327 No change
Magistrate
Evidence of officers of
292 328 No change
the Mint
Reports of certain
293 329 Government scientific No change
experts
The time limit for acceptance or
denial of genuineness of document
is 30 days. The court may, in its
discretion, relax the time limit with
No formal proof of
294 330 reasons to be recorded in writing. No
certain documents
expert shall be called to appear
before the court unless the report of
such expert is disputed by any of the
parties to the trial.
Affidavit in proof of
295 331 conduct of public No change
servants
Evidence of formal
296 332 No change
character on affidavit
Authorities before whom
297 333 No change
affidavits may be sworn
Previous conviction or
298 334 No change
acquittal how proved
Record of evidence in
299 335 No change
absence of accused
This is a new provision.
Where any document or report
prepared by a public servant,
scientific expert, medical officer or
investigating officer is purported to
be used as evidence in any inquiry,
trial or other proceeding under this
Sanhita, and—
Evidence of Public
servant, experts and (i) such public servant, expert or
- 336
police officers in certain officer is either transferred, retired,
cases or died; or
(ii) such public servant, expert or
officer cannot be found or is
incapable of giving deposition; or
(iii) securing presence of such public
servant, expert or officer is likely to
cause delay in holding the inquiry,
trial or other proceeding,

No change Amended Deleted New Provision Page 72

 The Court shall secure presence of
successor officer of such public
servant, expert, or officer who is
holding that post at the time of such
deposition to give deposition on
such document or report.
CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Person once convicted
300 337 or acquitted not to be No change
tried for same offence
Appearance by Public No change
301 338
Prosecutors
Permission to conduct No change
302 339
prosecution
Right of person against No change
303 340 whom proceedings are
instituted to be defended
Legal aid to accused at No change
304 341 State expense in certain
cases
Procedure when No change
305 342 corporation or registered
society is an accused
Tender of pardon to No change
306 343
accomplice
Power to direct tender of No change
307 344
pardon
Trial of person not No change
308 345 complying with
conditions of pardon
Section 346 of BNSS provides that
where the circumstances are
Power to postpone or beyond the control of a party, not
adjourn proceedings more than 2 adjournments may be
309 346
granted by the court after hearing
Newly Added provision: the objections of the other party and
for the reasons to be recorded in
writing.
310 347 Local inspection No change
Power to summon No change
311 348 material witness, or
examine person present
The new section empowers the
Power of Magistrate to
Magistrate to order any person to
order person to give
311A 349 give specimen signatures or
specimen signatures or
handwriting or voice sample or
handwriting, etc.,
finger impressions.
Cr.P.C BNSS Title in BNSS Changes in BNSS

No change Amended Deleted New Provision Page 73

 Expenses of No change
312 350 complainants and
witnesses
Power to examine the No change
313 351
accused
Oral arguments and No change
314 352 memorandum of
arguments
Accused person to be No change
315 353
competent witness
No influence to be used No change
316 354
to induce disclosure
Newly Added in sub-section ii:
Provision for inquiries Explanation.—For the purpose of
and trial being held in this section, personal attendance of
317 355
the absence of accused the accused includes attendance
in certain cases through audio video electronic
means.
This is a new provision
Addressing the problem of fugitive
criminals, a new provision of trial in
absentia has been incorporated
under section 356 of BNSS for
persons declared as proclaimed
offenders.
The process involves the issuance
of two warrants of arrest within an
interval of 30 days, publication of
notices in two local or national
newspapers, notification of the
Inquiry, trial or Judgment commencement of trial to relatives
- 356 in absentia of proclaimed and the affixing of notices regarding
offender the trial’s initiation before the
commencement of such trial.
Further, the trial against the
proclaimed offender can only
commence after the passage of 90
days from the date of framing
charges.
The provision extends the right to
legal representation of the
proclaimed offender with the state
appointing an advocate for the
absent accused’s defence
Procedure where No change
318 357 accused does not
understand proceedings
Cr.P.C BNSS Title in BNSS Changes in BNSS

No change Amended Deleted New Provision Page 74

 Power to proceed No change
against other persons
319 358
appearing to be guilty of
offence
Compounding of
320 359 No Change
offences
Provides that no Court shall allow
Withdrawal from withdrawal from prosecution without
321 360
prosecution giving an opportunity of being heard
to the victim in the case.
Procedure in cases
322 361 which Magistrate cannot No change
dispose of
Procedure when, after No change
commencement of
323 362 inquiry or trial,
Magistrate finds case
should be committed
Trial of persons No change
previously convicted of
324 363 offences against
coinage, stamp-law or
property
Procedure when No change
Magistrate cannot pass
325 364
sentence sufficiently
severe
Conviction or No change
commitment on evidence
326 365 partly recorded by one
Magistrate and partly by
another
Provides for enquiry into and trial of
rape or an offence under Protection
327 366 Court to be open
of Children from Sexual offences Act
shall also be conducted in camera.
CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS WITH UNSOUND MIND
Procedure in case of
The word Unsound Mind is replaced
328 367 accused being person of
with Mental Illness
unsound mind
Procedure in case of No change
329 368 person of unsound mind
tried before Court

No change Amended Deleted New Provision Page 75

 Release of person of No change
330 369 unsound mind pending
investigation or trial
Cr.P.C BNSS Title in BNSS Changes in BNSS
Resumption of inquiry or No change
331 370
trial
Procedure on accused No change
332 371 appearing before
Magistrate or Court
When accused appears No change
333 372 to have been of sound
mind
Judgment of acquittal on No change
334 373
ground of unsound mind
Person acquitted on No change
ground of unsoundness
335 374
of mind to be detained
in safe custody
Power of State No change
Government to empower
336 375
officer-in-charge to
discharge
Procedure where No change
prisoner with mental
337 376 illness is reported
capable of making his
defence
Procedure where person No change
with mental illness
338 377
detained is declared fit to
be released
Delivery of person of No change
339 378 unsound mind to care of
relative or friend
CHAPTER XXVIII
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF
JUSTICE
Procedure in cases No change
340 379
mentioned in section 215
341 380 Appeal No change
342 381 Power to order costs No change
Procedure of Magistrate No change
343 382
taking cognizance
Summary procedure for BNSS increased the maximum fine
344 383 trial for giving false imposable on witnesses giving false
evidence evidence from Rs.500 to Rs.1000.
Procedure in certain BNSS has increased the maximum fine
345 384
cases of contempt imposable from Rs.200 to Rs.1000.

No change Amended Deleted New Provision Page 76

 Procedure where Court No change
considers that case
346 385
should not be dealt with
under section 384
Cr.P.C BNSS Title in BNSS Changes in BNSS
When Registrar or Sub- No change
347 386 Registrar to be deemed
a Civil Court
Discharge of offender on No change
348 387
submission of apology
Imprisonment or No change
committal of person
349 388
refusing to answer or
produce document
Summary procedure for
punishment for non-
BNSS increased the maximum fine
350 389 attendance by a witness
imposable from Rs.100 to Rs.500.
in obedience to
summons
Appeals from convictions No change
351 390 under sections 383, 384,
388 and 389
Certain Judges and No change
Magistrates not to try
352 391 certain offences when
committed before
themselves
CHAPTER XXIX
THE JUDGMENT
Section 392(1) of BNSS provides for
time limit of 45 days for pronouncing
judgment by Court, after completion
of trial.
Section 392(4) provides that the
court shall as far as practicable,
353 392 Judgment upload the copy of the judgement on
its portal within a period of 7 days
from the date of judgement.
If the accused is in custody he shall
be brought up to hear the judgement
pronounced either in person or through
audio-video electronic means.
Language and contents
354 393 No change
of judgment
Metropolitan Magistrate’s judgment
355 —
is repealed
Order for notifying No change
356 394 address of previously
convicted offender

No change Amended Deleted New Provision Page 77

 Order to pay No change
357 395
compensation
In this section, the provision of
Victim compensation
357A 396 section 357B Cr.P.C is added as
scheme
clause (7).
Cr.P.C BNSS Title in BNSS Changes in BNSS
357B — It has been deleted
The duty of hospitals to provide
immediately, the first aid or medical
treatment free of cost has been
357C 397 Treatment of victims
extended to victims of Offences
under Protection of Children from
Sexual Offences Act 2012.
This is a New Provision.
Every State Government shall
Witness Protection prepare and notify a Witness
- 398 Protection Scheme for the State with
Scheme
a view to ensure protection of the
witnesses.
Compensation to No change
358 399 persons groundlessly
arrested
Order to pay costs in No change
359 400
non-cognizable cases
Order to release on No change
probation of good
360 401
conduct or after
admonition
Special reasons to be No change
361 402 recorded in certain
cases
Court not to alter No change
362 403
judgment
The court may, on an application
made in this behalf by the
Copy of judgment to be
prosecuting officer, provide to the
363 404 given to the accused and
Government, free of cost, a certified
other persons
copy of such judgement, order,
deposition or record.
For words “the accused so requires”,
Judgment when to be words “and if either party so
364 405
translated
requires” are substituted.
Court of Session to send
copy of finding and
“365 406 No change
sentence to District
Magistrate
CHAPTER XXX

No change Amended Deleted New Provision Page 78

 SUBMISSION OF DEATH SENTENCES FOR CONFORMATION
When the court of session passes a
death sentence, the proceeding
Sentence of death to be
shall be forthwith submitted to the
366 407 submitted by Court of
High Court for confirmation of the
Session for confirmation
death sentence. The word
“forthwith” has been added.
Power to direct further No change
inquiry to be made or
367 408
additional evidence to be
taken
Power of High Court to No change
368 409 confirm sentence or
annul conviction
Confirmation or new No change
369 410 sentence to be signed by
two Judges
Procedure in case of No change
370 411
difference of opinion
The order of the High Court may be
sent to Court of Sessions by the
Procedure in cases
proper officer of High Court “either
371 412 submitted to High Court
physically or through electronic
for confirmation
means”... The word “electronic
means” has been added.
CHAPTER XXXI
APPEALS
No appeal to lie unless No change
372 413
otherwise provided
Appeal from orders No change
requiring security or
refusal to accept or
373 414
rejecting surety for
keeping peace or good
behaviour
374 415 Appeals from convictions No change
No appeal in certain No change
375 416 cases when accused
pleads guilty
There shall be no appeal by a
convicted person where a High
Court passes only a sentence of
376 417 No appeal in petty cases imprisonment for a term not
exceeding 3 months or of fine
exceeding Rs.1000 or of both such
imprisonment and fine.
Appeal by the State Words “any Central Act” are
377 418 Government against substituted for “Delhi Special Police
sentence Establishment”.

No change Amended Deleted New Provision Page 79

 Words “any Central Act” are
Appeal in case of substituted for “Delhi Special Police
378 419
acquittal
Establishment”.
Appeal against No change
379 420 conviction by High Court
in certain cases
Cr.P.C BNSS Title in BNSS Changes in BNSS
Special right of appeal in No change
380 421
certain cases
Appeal to Court of No change
381 422
Session how heard
382 423 Petition of appeal No change
Procedure when No change
383 424
appellant in jail
Summary dismissal of No change
384 425
appeal
Procedure for hearing No change
385 426 appeals not dismissed
summarily
Powers of the Appellate No change
386 427
Court
Judgments of No change
387 428 Subordinate Appellate
Court
Order of High Court on No change
388 429 appeal to be certified to
lower Court
Suspension of sentence No change
pending the appeal;
389 430
release of appellant on
bail
Arrest of accused in No change
390 431
appeal from acquittal
Appellate Court may No change
391 432 take further evidence or
direct it to be taken
Procedure where Judges No change
392 433 of Court of Appeal are
equally divided
Finality of judgments and No change
393 434
orders on appeal
394 435 Abatement of appeals No change
CHAPTER XXXII
REFERENCE AND REVISION
395 436 Reference to High Court No change
Disposal of case according No change
396 437 to decision of High Court

No change Amended Deleted New Provision Page 80

 Calling for records to No change
397 438 exercise powers of
revision
398 439 Power to order inquiry No change
Sessions Judge’s No change
399 440
powers of revision
Cr.P.C BNSS Title in BNSS Changes in BNSS
Power of Additional No change
400 441
Sessions Judge
High Court’s powers of No change
401 442
revision
Power of High Court to No change
402 443 withdraw or transfer
revision cases
Option of Court to hear
403 444 No change
parties
Statement by Metropolitan
Magistrate of grounds of his decision
404 -
to be considered by High Court is
repealed
High Court’s order to be
405 445 No change
certified to lower Court
CHAPTER XXXIII-
TRANSFER OF CRIMINAL CASES
Power of Supreme Court
Words “not exceeding Rs.1000” are
406 446 to transfer cases and
replaced by “such sum”.
appeals
Power of High Court to
Words “not exceeding Rs.1000” are
407 447 transfer cases and
replaced by “such sum”.
appeals
For words “one thousand rupees”
Power of Sessions and “two hundred and fifty rupees” in
408 448 Judge to transfer cases Cr.P.C, words “Sum” and “Sum not
and appeals exceeding ten thousand rupees” are
substituted.
Withdrawal of cases and No change
409 449 appeals by Session
Judges
Withdrawal of cases by No change
410 450
Judicial Magistrates
Making over or No change
411 451 withdrawal of cases by
Executive Magistrates
412 452 Reasons to be recorded No change
CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF
SENTENCES
Execution of order No change
413 453
passed u/s.409

No change Amended Deleted New Provision Page 81

 Execution of sentence of No change
414 454 death passed by High
Court
Postponement of No change
execution of sentence of
415 455
death in case of appeal
to Supreme Court
Cr.P.C BNSS Title in BNSS Changes in BNSS
Communication of No change
416 456 sentence of death on
pregnant woman
Power to appoint place No change
417 457
of imprisonment
Execution of sentence of No change
418 458
imprisonment
Direction of warrant for No change
419 459
execution
Warrant with whom to be No change
420 460
lodged
421 461 Warrant for levy of fine No change
422 462 Effect of such warrant No change
Warrant for levy of fine No change
issued by a Court in any
423 463
territory to which this
Sanhita does not extend
Suspension of execution No change
424 464 of sentence of
imprisonment
425 465 Who may issue warrant No change
Sentence on escaped No change
426 466 convict when to take
effect
Sentence on offender No change
427 467 already sentenced for
another offence
Period of detention No change
undergone by the
428 468 accused to be set off
against the sentence of
imprisonment
429 469 Saving No change
Return of warrant on No change
430 470
execution of sentence
Money ordered to be No change
431 471 paid recoverable as a
fine
➢ A New provision for time bound
Mercy Petitions in Death
- 472 disposal of mercy petitions filed
Sentence cases:
before the President and

No change Amended Deleted New Provision Page 82

 Governor has been made in
Section 472.
➢ This provision prescribes a
timeframe, requiring such
petitions to be filed within 30
days before the Governor and 60
days before the President.
➢ The Superintendent of the jail is
now entrusted with the
responsibility of informing the
convicts about the confirmation
of their death sentence or the
dismissal of their appeal or
review of a special leave appeal.
Additionally, the jail
superintendent is mandated to
ensure that every convict,
especially in cases involving
multiple convicts, submits their
mercy petition within 60 days.
➢ In situations where no other
petitions are received from the
remaining convicts, the jail
superintendent is required to
forward their names, addresses,
and case records to the Central
or State government for
consideration alongside the
mercy petition filed.
➢ Further, the Central Government
is to give its recommendations to
the President within 60 days,
commencing from the date of
receiving comments from the
State Government and records
from the Jail Superintendent. It
has also been provided that no
appeal shall lie in any Court
against the order of the President
made under Article 72 of the
Constitution; it shall be final, and
not to be enquired into by any
Court.
Power to suspend or
432 473 No change
remit sentences
Cr.P.C BNSS Title in BNSS Changes in BNSS
Power to commute
433 474 This provision has been redrafted:
sentence

No change Amended Deleted New Provision Page 83

 The appropriate Government may,
without the consent of the person
sentenced, commute—
(a) a sentence of death, for
imprisonment for life;
(b) a sentence of imprisonment for
life, for imprisonment for a term not
less than seven years;
(c) a sentence of imprisonment for
seven years or ten years, for
imprisonment for a term not less
than three years;
(d) a sentence of rigorous
imprisonment, for simple imprisonment
for any term to which that person might
have been sentenced;
(e) A sentence of imprisonment up to
three years, for fine.
Restriction on powers of
remission or
433A 475 No change
commutation in certain
cases
Concurrent power of
434 476 Central Government in No change
case of death sentences
State Government to act
after concurrence with
435 477 No change
Central Government in
certain cases
CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS
In what cases bail to be
436 478 No change
taken
In Section 479, provision for bail to
under trials prisoners has been
relaxed and liberalized. A
sympathetic view has been taken
towards first-time offenders, who are
now eligible to be released on bond
by the Court if they have undergone
Maximum period for
detention for the period extending up
436A 479 which an under trial
to one-third of the maximum period
prisoner can be detained
of imprisonment specified for that
offence.
The provision has also entrusted the
jail superintendent to make an
application for bail to the Court
where an under trial completes one-
half or one-third of the maximum

No change Amended Deleted New Provision Page 84

 period. The release of an under trial
prisoner who is involved in more
than one offence or in multiple cases
is made stringent under the
provision. Further, the sentence of
life imprisonment or death has been
excluded from the purview of this
provision.
When bail may be taken The exception of bail denial will now
437 480 in case of non-bailable include the category of “child” apart
offence from women or Sick of infirm.
Cr.P.C BNSS Title in BNSS Changes in BNSS
Bail to require accused
437A 481 to appear before next No change
appellate Court
Section 482(1) omits 438(1)(i) to
1A & 1B
Direction for grant of bail
438(1)(iv),.BNSS provides that court
438 482 to person apprehending
may if it thinks fit, direct that in the
arrest
event of such arrest , he shall be
released on bail.
Special powers of High No change
439 483 Court or Court of
Session regarding bail
Amount of bond and No change
440 484
reduction thereof
Bond of accused and No change
441 485
sureties
441A 486 Declaration by sureties No change
442 487 Discharge from custody No change
Power to order sufficient No change
443 488 bail when that first taken
is insufficient
444 489 Discharge of sureties No change
Deposit instead of No change
445 490
recognizance
Procedure when bond No change
446 491
has been forfeited
Cancellation of bond and No change
446A 492
bail bond
Procedure in case of No change
insolvency of death of
447 493
surety or when a bond is
forfeited
448 494 Bond required from child No change
Appeal from orders No change
449 495
under section 491

No change Amended Deleted New Provision Page 85

 Power to direct levy of No change
450 496 amount due on certain
recognizances
CHAPTER XXXVI
DISPOSAL OF PROTERTY
Section 497 introduces the quick
disposal of case properties even
during the investigation, on
preparation of a statement of the
property by the Court within 14 days
after such property has been
Order for custody and
photographed/ video graphed.
disposal of property
451 497 Such statement, photographs and
pending trial in certain
videography shall be used as
cases
evidence in any inquiry, trial or other
proceeding. The Court shall then,
within 30 days after the statement
has been prepared, order the
disposal, destruction, confiscation or
delivery of such property.
Order for disposal of No change
452 498 property at conclusion of
trial
Payment to innocent No change
453 499 purchaser of money
found on accused
Appeal against orders No change
454 500 under section 498 or
section 499
Destruction of libelous
455 501 No change
and other matter
Power to restore
456 502 possession of No change
immovable property
Procedure by police
457 503 No change
upon seizure of property
Procedure where no
458 504 claimant appears within No change
six months
The limit for value of perishable
Power to sell perishable property is increased from Rs.500 to
459 505
property
Rs.10,000.
CHAPTER XXXVII
IRREGULAR PROCEEDINGS
Irregularities which do
460 506 No change
not vitiate proceedings

No change Amended Deleted New Provision Page 86

 Irregularities which
461 507 No change
vitiate proceedings
Cr.P.C BNSS Title in BNSS Changes in BNSS
Proceedings in wrong
462 508 No change
place
Non-compliance with
463 509 provisions of section 183 No change
or section 316
Effect of omission to
464 510 frame, or absence of, or No change
error in, charge
Finding or sentence
when reversible by
465 511 No change
reason of error, omission
or irregularity
Defect or error not to
466 512 make attachment No change
unlawful
CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
467 513 Definitions No change
Bar to taking cognizance
468 514 after lapse of the period No change
of limitation
Commencement of the
469 515 No change
period of limitation
Exclusion of time in
470 516 No change
certain cases
Exclusion of date on
471 517 No change
which Court is closed
472 518 Continuing offence No change
Extension of period of
473 519 limitation in certain No change
cases
CHAPTER XXXIX
MISCELLANEOUS
474 520 Trials before High Courts No change
Delivery to commanding
officers of persons liable
475 521 No change
to be tried by Court-
martial
476 522 Forms No change
Power of High Court to
477 523 No change
make rules

No change Amended Deleted New Provision Page 87

 Power to alter functions
allocated to Executive
478 524 No change
Magistrate in certain
cases
Cr.P.C BNSS Title in BNSS Changes in BNSS
Case in which Judge or
479 525 Magistrate is personally No change
interested
Practicing advocate not
480 526 to sit as Magistrate in No change
certain Courts
Public servant
concerned in sale not to
481 527 No change
purchase or bid for
property
Saving of inherent
482 528 No change
powers of High Court
Duty of High Court to
exercise continuous
483 529 No change
superintendence over
Courts
Trial and proceedings to This is a New Provision.
-- 530 be held in Electronic Trial and Proceedings may be held
Mode in Electronic Mode
484 531 Repeal and savings No changes
Sch- I Sch- I Classification of offences No changes
Sch-II Sch-II Forms- 1 to 58 Forms – 1 to 58

*****

No change Amended Deleted New Provision Page 88

 COMPARISON STATEMENT
BHARATIYA SAKSHYA ADHINIYAM, 2023 (BSA) AND
INDIAN EVIDENCE ACT (IEA)

IEA BSA Title in BSA Changes in BSA

PART I
CHAPTER I- PRELIMINARY
1 1 Short title, application BSA will apply to court martial
and commencement. convened under the Army Act, The
Naval Discipline Act or the Indian
Navy (Discipline) Act or the Airforce
Act
2 - Repealed
3, 4 2 Definitions.
3 2 Definitions
(Interpretation -clause)
3 2(1)(a) “Court”. No Change
3 2(1)(f) “Fact”. The term MAN" is replaced by"
PERSON" in illustrations
3 2(1)(K) “Relevant”. No Change
3 2(1)(g) “Facts in issue”. No Change
3 2(1)(d) “Document”. Includes & defines electronic and
digital records.
3 2(1)(e) “Evidence”. Electronically given Oral Statement
And electronic and digital records
are added.
3 2(1)(j) “Proved”. No Change
3 2(1)(c) “Disproved”. No Change
3 2(1)(i) “Not proved”. No Change
3 -- --- “India” Deleted
4 2(1)(h) “May Presume”. No Change
4 2(1)(l) “Shall Presume” No Change
4 2(1)(b) “Conclusive Proof” No Change
2(2) Newly added The definitions in IT Act,2000;
BNSS, 2023 & BNS 2023 to be
read as part of the definitions
PART II
CHAPTER II- RELEVANCY OF FACTS
5 3 Evidence may be given No Change
of facts in issue and
relevant facts.

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 6 4 Relevancy of facts No significant changes.
forming part of same
transaction.
7 5 Facts which are No Change
occasion, cause or effect
of facts in issue or
relevant facts.
IEA BSA Title in BSA Changes in BSA
8 6 Motive, preparation and Vakils = Advocates
previous or subsequent Man = Person Ravished = Raped
conduct.
9 7 Facts necessary to No Change
explain or introduce fact
in issue or relevant facts.
10 8 Things said or done by No Change
conspirator in reference
to common design.
11 9 When facts not No Change
otherwise relevant
become relevant.
12 10 Facts tending to enable No Change
Court to determine
amount are relevant in
suits for damages.
13 11 Facts relevant when No Change
right or custom is in
question.
14 12 Facts showing existence No Change
of state of mind, or of
body or bodily feeling.
15 13 Facts bearing on No Change
question whether act
was accidental or
intentional.
16 14 Existence of course of No Change
business when relevant.
ADMISSIONS
17 15 Admission defined. No Change
18 16 Admission by party to No Change
proceeding or his agent.
19 17 Admissions by persons No Change
whose position must be
proved as against party
to suit.
20 18 Admissions by persons No Change
expressly referred to by
party to suit.
21 19 Proof of admissions No Change
against persons making

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 them, and by or on their
behalf.
22 20 When oral admissions as No Change
to contents of documents
are relevant.
22A -- -- When oral admission as to contents of
electronic records are relevant
23 21 Admissions in civil Barrister, Pleader, Attorney,
cases when relevant. Vakil = Advocate.
IEA BSA Title in BSA Changes in BSA
24 22 Confession caused by “Coercion” inserted
28 inducement, threat,
29 coercion or promise,
when irrelevant in
criminal proceeding.
25 23 Confession to police “Magistrate does not include Head
26 officer. of Village” is omitted.
27
30 24 Consideration of proved Joint trial with absconding accused
confession affecting is introduced.
person making it and
others jointly under trial
for same offence.
31 25 Admissions not No Change
conclusive proof, but
may estop.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32 26 Cases in which statement No Change
of relevant fact by person
who is dead or cannot be
found, etc., is relevant.
33 27 Relevancy of certain No Change
evidence for proving, in
subsequent proceeding,
truth of facts therein
stated.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
34 28 Entries in books of No Change
account when relevant.
35 29 Relevancy of entry in No Change
public record or an
electronic record made
in performance of duty.
36 30 Relevancy of No Change
statements in maps,
charts & plans.

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37 31 Relevancy of statement Gazette in electronic or digital form
as to fact of public is admissible.
nature contained in
certain Acts or
notifications.
38 32 Relevancy of e-Law books and e-court rulings
statements as to any of India and other country
law contained in law admissible.
books including
electronic or digital
form.
IEA BSA Title in BSA Changes in BSA
HOW MUCH OF A STATEMENT IS TO BE PROVED
What evidence to be given No Change
39 33 when statement forms part
of a conversation,
document, electronic
record, book or series of
letters or papers.
JUDGMENTS OF COURTS WHEN RELEVANT
40 34 Previous judgments No Change
relevant to bar a second
suit or trial.
41 35 Relevancy of certain Tribunal orders are covered.
judgments in probate,
etc., jurisdiction.
42 36 Relevancy and effect of No Change
judgments, orders or
decrees, other than those
mentioned in section 35.
43 37 Judgments, etc., other No Change
than those mentioned
in sections 34, 35 and
36 when relevant.
44 38 Fraud or collusion in No Change
obtaining judgment, or
incompetency of Court,
may be proved.
OPINIONS OF THIRD PERSONS WHEN RELEVANT
45 39 Opinions of experts. Other experts included.
46 40 Facts bearing upon No Change
opinions of experts.
47 41 Opinion as to No Change
47A handwriting and
signature, when relevant.
48 42 Opinion as to existence No Change
of general custom or
right, when relevant.

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49 43 Opinion as to usages, No Change
tenets, etc., when
relevant.
50 44 Opinion on relationship, No Change
when relevant.
51 45 Grounds of opinion, No Change
when relevant.
CHARACTER WHEN RELEVANT
52 46 In civil cases character No Change
to prove conduct
imputed, irrelevant.
53 47 In criminal cases No Change
previous good character
relevant.
IEA BSA Title in BSA Changes in BSA
53A 48 Evidence of character or No Change
previous sexual
experience not relevant
in certain cases.
54 49 Previous bad character No Change
not relevant, except in
reply.
55 50 Character as affecting No Change
damages.
PART III ON PROOF
CHAPTER III- FACTS WHICH NEED NOT BE PROVED
56 51 Fact judicially noticeable No Change
need not be proved.
57 52 Facts of which Court Colonial References are Omitted
shall take judicial notice.
58 53 Facts admitted need not No Change
be proved.
CHAPTER IV - OF ORAL EVIDENCE
59 54 Proof of facts by oral No substantive changes
evidence.
60 55 Oral evidence to be No Change
direct.
CHAPTER V - OF DOCUMENTARY EVIDENCE
61 56 Proof of contents of No Change
documents.
62 57 Primary evidence. Electronic or digital records as
Primary evidence.
63 58 Secondary evidence. Oral or written admissions and
Skilled examiner evidence are
included.

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64 59 Proof of documents by No Change
primary evidence.
65 60 Cases in which No Change
secondary evidence
relating to documents
may be given.
61 Electronic or digital New- on par with paper records.
record.
65A 62 Special provisions as to No Change
evidence relating to
electronic record.
65B 63 Admissibility of electronic Expanded. Mobiles, standalone
records. devices etc.
Format given in schedule
IEA BSA Title in BSA Changes in BSA
66 64 Rules as to notice to Attorney or pleader = Advocate or
produce. representative.
67 65 Proof of signature and No Change
handwriting of person
alleged to have
signed or written
document produced.
67A 66 Proof as to electronic No Change
signature.
68 67 Proof of execution of No Change
document required by
law to be attested.
69 68 Proof where no attesting Outdated references omitted.
witness found.
70 69 Admission of execution No Change
by party to attested
document.
71 70 Proof when attesting No Change
witness denies
execution.
72 71 Proof of document not No Change
required by law to be
attested.
73 72 Comparison of No Change
signature, writing or seal
with others admitted or
proved.
73A 73 Proof as to verification Controller- omitted.
of digital signature.
PUBLIC DOCUMENTS

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74 74 Public and private Outdated references omitted. Union
75 documents. Territory is included.
76 75 Certified copies of public No Change
documents.
77 76 Proof of documents by No Change
production of certified
copies.
78 77 Proof of other official Outdated references omitted.
documents.
PRESUMPTIONS AS TO DOCUMENTS
79 78 Presumption as to J & K included.
genuineness of certified
copies.
80 79 Presumption as to No Change
documents produced as
record of evidence, etc.
IEA BSA Title in BSA Changes in BSA
81 80 Presumption as to Colonial references omitted. Proper
Gazettes, newspapers, custody of documents- explained.
and other documents.
81A 81 Presumption as to Proper custody of records-
Gazettes in electronic or explained.
digital record.
82 -- --- Presumption as to document
admissible in England without proof of
seal or signature.
83 82 Presumption as to maps No Change
or plans made by
authority of Government.
84 83 Presumption as to No Change
collections of laws and
reports of decisions.
85 84 Presumption as to No Change
powers-of-attorney.
85A 85 Presumption as to Digital signature is added.
electronic agreements.
85B 86 Presumption as to “Digital signature” is not included.
electronic records and
electronic signatures.
85C 87 Presumption as to No Change
Electronic Signature
Certificates.
86 88 Presumption as to certified Outdated references omitted.
copies of foreign judicial
records.
87 89 Presumption as to books, No Change
maps and charts.

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88 -- -- Presumption as to telegraphic
messages
88A 90 Presumption as to Redundant explanation omitted.
electronic messages.
89 91 Presumption as to due No Change
execution, etc., of
documents not produced.
90 92 Presumption as to Sec.80-Custody of Documents
documents thirty years old. referred.
90A 93 Presumption as to Sec.81- Custody of documents
electronic records five referred.
years old.
CHAPTER VI
OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
91 94 Evidence of terms of No Change
contracts, grants and other
dispositions of property
reduced to form of
document.
IEA BSA Title in BSA Changes in BSA
92 95 Exclusion of evidence of No Change
oral agreement.
93 96 Exclusion of evidence to No Change
explain or amend
ambiguous document.
94 97 Exclusion of evidence No Change
against application of
document to existing
facts.
95 98 Evidence as to document No Change
unmeaning in reference
to existing facts.
96 99 Evidence as to No Change
application of
language which can
apply to one only of
several persons.
97 100 Evidence as to No Change
application of language
to one of two sets of
facts, to neither of
which the whole
correctly applies.
98 101 Evidence as to meaning No Change
of illegible characters,
etc.

No change Amended Deleted New Provision Page 96

99 102 Who may give evidence No Change
of agreement varying
terms of document.
100 103 Saving of provisions of No Change
Indian Succession Act
relating to wills.
PART IV
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII - OF THE BURDEN OF PROOF
101 104 Burden of proof. No Change
102 105 On whom burden of No Change
proof lies.
103 106 Burden of proof as to No Change
particular fact.
104 107 Burden of proving fact to No Change
be proved to make
evidence admissible.
IEA BSA Title in BSA Changes in BSA

105 108 Burden of proving that No Change

case of accused comes
within exceptions.
106 109 Burden of proving fact No Change
especially within
knowledge.
107 110 Burden of proving death No Change
of person known to have
been alive within thirty
years.
108 111 Burden of proving that No Change
person is alive who has
not been heard of for
seven years.
109 112 Burden of proof as to No Change
relationship in the
cases of partners,
landlord and tenant,
principal and agent.
110 113 Burden of proof as to No Change
ownership.
111 114 Proof of good faith in No Change
transactions where one

No change Amended Deleted New Provision Page 97

 party is in relation of
active confidence.
111A 115 Presumption as to No Change
certain offences.
112 116 Birth during marriage, No Change
conclusive proof of
legitimacy.
113 --- Proof of cession of territory.
113A 117 Presumption as to No Change
abetment of suicide by a
married woman.
113B 118 Presumption as to dowry No Change
death.
114 119 Court may presume No Change
existence of certain
facts.
114A 120 Presumption as to No Change
absence of consent in
certain prosecution for
rape.
IEA BSA Title in BSA Changes in BSA
CHAPTER VIII - ESTOPPEL
115 121 Estoppel. No Change
116 122 Estoppel of tenant and No Change
of licensee of person in
possession.
117 123 Estoppel of acceptor of No Change
bill of exchange, bailee
or licensee.
CHAPTER IX - OF WITNESSES
118 124 Who may testify. Lunatic = Person of unsound mind.
119 125 Witness unable to No Change
communicate verbally.
120 126 Competency of husband No Change
and wife as witnesses in
certain cases.
121 127 Judges and Magistrates. No Change
122 128 Communications during No Change
marriage.
123 129 Evidence as to affairs of No Change
State.
124 130 Official communications. No Change
125 131 Information as to No Change
commission of offences.

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126 132 Professional Barrister, attorney, pleader, vakil =
127 communications. Advocate
128 133 Privilege not waived by Barrister, attorney, pleader,
volunteering evidence. vakil = Advocate
129 134 Confidential Legal Professional Adviser = Legal
communication with legal Adviser.
advisers.
130 135 Production of title-deeds No Change
of witness not a party.
131 136 Production of documents No Change
or electronic records
which another person,
having possession,
could refuse to produce.
132 137 Witness not excused No Change
from answering on
ground that answer will
criminate.
133 138 Accomplice. No substantive changes.
134 139 Number of witnesses. No Change
IEA BSA Title in BSA Changes in BSA
CHAPTER X- OF EXAMINATION OF WITNESSES
135 140 Order of production and No Change
examination of
witnesses.
136 141 Judge to decide as to No Change
admissibility of
evidence.
137 142 Examination of No Change
witnesses.
138 143 Order of examinations. No Change
139 144 Cross-examination of No Change
person called to produce
a document.
140 145 Witnesses to character. No Change
141 146 Leading questions. No Change
142
143
144 147 Evidence as to matters in No Change
writing.
145 148 Cross-examination as to No Change
previous statements in
writing.
146 149 Questions lawful in No Change
cross-examination.
No change Amended Deleted New Provision Page 99
147 150 When witness to be No Change
compelled to answer.
148 151 Court to decide when No Change
question shall be asked
and when witness
compelled to answer.
149 152 Question not to be asked Barrister = Advocate
without reasonable
grounds.
150 153 Procedure of Court in Barrister, attorney, pleader,
case of question being vakil = Advocate
asked without
reasonable grounds.
151 154 Indecent and scandalous No Change
questions.
152 155 Questions intended to No Change
insult or annoy.
153 156 Exclusion of evidence to No Change
contradict answers to
questions testing
veracity.
154 157 Question by party to his No Change
own witness.
155 158 Impeaching credit of No Change
witness.
IEA BSA Title in BSA Changes in BSA
156 159 Questions tending to No Change
corroborate evidence of
relevant fact, admissible.
157 160 Former statements of No Change
witness may be proved
to corroborate later
testimony as to same
fact.
158 161 What matters may be No Change
proved in connection
with proved statement
relevant under section
26 or 27.
159 162 Refreshing memory. No Change
160 163 Testimony to facts stated No Change
in document mentioned
in section 162.
161 164 Right of adverse party No Change
as to writing used to
refresh memory.
162 165 Production of Immunity to Ministers and
documents. President.

No change Amended Deleted New Provision Page 100

163 166 Giving, as evidence, of No Change
document called for and
produced on notice.
164 167 Using, as evidence, of No Change
document production of
which was refused on
notice.
165 168 Judge’s power to put No Change
questions or order
production.
166 -- --- Power of jury or assessors to put
questions
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167 169 No new trial for improper No Change
admission or rejection of
evidence.
CHAPTER XII
REPEAL AND SAVINGS
2 170 Repeal and savings.
- - THE SCHEDULE New

******

No change Amended Deleted New Provision Page 101