The transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is one of the most significant procedural reforms in Indian criminal law in decades.
The legal provisions have been renumbered, reworded, and in many cases, substantively altered.
This guide is your practical bridge — not just a theoretical comparison.
We’ll go through a CRPC-to-BNSS chart, real-life examples from courtrooms, case strategies that have already worked under BNSS, and how to prepare your clients for this new procedural landscape.
And yes — I’ll also show you how Handyy Law Practice Management can save you from the nightmare of flipping through multiple PDFs every day just to find the right provision.
1. Understanding the Transition – Procedural vs Substantive
BNSS replaces procedural law (CrPC), NOT the substantive offences (IPC → now Bharatiya Nyaya Sanhita).
📌 Practical Note:
- If the offence date is before BNSS came into force, substantive charges remain as per IPC at that time.
- Procedural aspects (how investigation, trial, evidence recording happen) — these may be governed by BNSS if the trial stage allows for procedural transition.
2. Old Case Under CrPC — Will BNSS Apply?
This is a point of confusion in almost every district bar discussion.
Legal Position:
- As per Section 531 BNSS (Repeal & Savings) — proceedings initiated before BNSS’s enforcement shall continue as if BNSS had not been enacted, unless the stage of proceedings permits procedural changes without prejudice to the accused or prosecution.
- In short:
- If FIR was registered under CrPC — investigation and charge-sheet stages follow CrPC.
- If trial is ongoing when BNSS starts — the court may continue using CrPC procedures unless adopting BNSS does not cause prejudice.
- Substantive charges do not change — only procedure may shift.
Tip for Advocates: Always check transitional clauses before citing BNSS in an old case — otherwise the judge will correct you and it may dent credibility.
3. CRPC to BNSS Comparison Chart
Here’s a detailed extract — not just numbers, but how the section has changed and how it can be used strategically:
| CrPC Section | BNSS Section | Change Summary | Advocate Strategy |
|---|---|---|---|
| 41 | 35 | Arrest without warrant | Insist on digital arrest memo; if not complied, move for bail citing violation. |
| 41A | 35(3) | Notice of appearance | Now requires electronic delivery; verify compliance for defence benefit. |
| 154 | 173 | FIR registration | Can be electronic; obtain server logs if FIR is challenged. |
| 160 | 179 | Summons to witness | Witness can appear via video link — use this for defence witnesses far away. |
| 161 | 180 | Statement to police | Ensure statements are video-recorded; absence can weaken prosecution. |
| 173 | 193 | Final report filing | Mandatory time limits; delay can be argued for discharge/bail. |
| 197 | 218 | Prosecution sanction | Now includes e-sanction process — seek proof of authenticity. |
| 207 | 230 | Supply of documents | Digital supply mandatory; cross-check for completeness before trial. |
| 313 | 335 | Examination of accused | Can be via video conference — useful if accused is elderly/ill. |
| 320 | 364 | Compounding of offences | Expanded list — explore settlement possibilities early. |
| 437 | 480 | Bail in non-bailable offences | Some changes in conditions — argue for relaxed terms in low-risk cases. |
4. Real-World Case Study – Using BNSS to Defence Advantage
Case: State v. Ramesh, Hyderabad City
Facts: FIR under 498A IPC (pre-BNS), charge-sheet filed post-BNSS. Defence argued BNSS Section 193 timeline violation since investigation exceeded prescribed period.
Result: Bail granted; court noted procedural law can apply to ongoing proceedings if it does not affect substantive rights.
Takeaway: This is a clear example where BNSS benefited an accused in an old CrPC-registered case.
5. Strategies for Advocates Handling CRPC–BNSS Era Cases
- Keep Dual Citations in Drafts – Example: “Under Section 41 CrPC (now Section 35 BNSS)…” so judge knows you’re aware of the transition.
- Exploit Procedural Non-Compliance – BNSS mandates digital and time-bound steps — prosecution failures here can become strong defence grounds.
- Pre-Trial Audit – Before trial, map every procedural step (FIR, arrest, charge-sheet) to BNSS compliance.
- Digital Evidence Requests – Many BNSS provisions enable digital processes; ask for digital proof to test authenticity.
6. How Handyy Law Practice Management Simplifies This
- Template Updates: All bail, remand, revision templates updated with BNSS numbers.
- Court Calendar BNSS Alerts: Get reminders for BNSS timelines — no more missed limitation dates.
- Case Timeline Audit Tool: See whether procedural steps complied with BNSS for each case.
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BNSS isn’t just a renumbered CrPC — it’s a procedural overhaul with teeth. For defence lawyers , procedural mastery is often the deciding factor. If you can spot a procedural lapse before your opponent, you’re already halfway to winning.