ıF∂‹F¤FWÊF °F‹F∂FW

PRIMER
ON
NEW CRIMINAL LAWS

West Bengal Judicial Academy

T. S. Sivagnanam High Court at Calcutta
Chief Justice

FOREWORD

PRIMER, a handbook on the comparative study of the Indian Penal

Code,1860 with Bharatiya Nyaya Sanhita; Code of Criminal
Procedure, 1973 with Bharatiya Nagarik Suraksha Sanhita; and Indian
Evidence Act, 1872 with Bharatiya Sakshya Adhiniyam has been
succinctly crafted by Brother Justice Joymalya Bagchi, the Chairperson
of the West Bengal Judicial Academy with His team with their tireless
efforts and dedication and brought this publication which, to my mind,
is a must for every judge and other stakeholders to acquaint themselves
with the new laws and their nuances in administration of justice. It
would be a prized possession.

These three new Criminal Laws would not only repeal the old laws
but would herald much needed changes in the punitive and procedural
laws. These laws aim at simplification of the legal complexities by
streamlining provisions relating to offences and penalties. These laws
endeavor to ensure speedy justice in conformity with constitutional
and democratic aspirations using technology and forensic science in
the investigation of crime. Bharatiya Nagarik Suraksha Sanhita
specifies timelines for investigation, trial and pronouncement of
judgments. Bharatiya Sakshya Adhiniyam provide that the evidence
shall include any information given electronically, which would permit
appearance of witnesses, accused, experts and victims through electronic
means. Such electronic and digital evidence shall be admissible as
evidence having the same legal effect, validity and enforceability as
any other document. Another important aspect of these changes is

iii
that the laws under Bharatiya Nyaya Sanhita have been made gender
neutral, as far as practicable.

I convey my heartiest congratulations to Hon'ble Justice Joymalya

Bagchi, Chairperson of the West Bengal Judicial Academy, and each
and every member associated with publication of this handbook,
PRIMER.

T.S. Sivagnanam
Dated : 19th June, 2024 Chief Justice

iv
 ACKNOWLEDGMENT

The Academy humbly acknowledges the continuous support,

guidance and encouragement from its Patron-in-Chief, the Hon'ble The
Chief Justice in bringing out the publication. The Academy is grateful for
the valuable inputs from the Hon'ble Chairman, Hon'ble Members of
the Committee for West Bengal Judicial Academy and other Hon'ble
Judges of the Calcutta High Court in formulating the scheme of the
Primer.

The Academy respectfully acknowledges the contribution of Professor

Dr. N.K. Chakrabarti, Vice Chancellor, West Bengal National University
of Juridical Sciences in agreeing to review the draft and make suggestions
with regard to its content.

Had it not been for the tireless efforts of the Director, Additional
Director, Administrative Officer, other office bearers of the Academy, the
Registrar General and other Registrars of High Court at Calcutta, the
publication would have never seen the light of the day. The Academy
acknowledges their valuable contribution.

The Academy gratefully recognizes the painstaking efforts taken by

Ms. Arjita Mukherjee, Academic Fellow, West Bengal National University
of Juridical Sciences and Ms. Anushka Chaturvedi, Law Clerk-cum-
Research Assistant to the Hon'ble Justice Joymalya Bagchi in preparing
the primer.

Academy is also grateful to Saraswaty Press Ltd. for the printing

and publication of the primer.

v
 INTRODUCTION

India is at the cusp of a seminal change in administration of criminal

justice. The triumvirate of laws, namely, Indian Penal Code (IPC),1860,
Code of Criminal Procedure (CrPC),1973 and Indian Evidence Act
(IEA),1872 which formed the backbone of the criminal justice system
since colonial times are being replaced by Bharatiya Nyaya Sanhita
(BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya
Sakshya Adhiniyam (BSA) respectively and will come into effect on and
from 1st July, 2024.

The transformative change in the legislative landscape requires judges

and other stakeholders to acquaint themselves with the new laws and
their nuances in administration of justice. To address this need,West Bengal
Judicial Academy has brought out this publication for judges.

The primer on new criminal laws is a convenient handbook which

would serve as a reference material to judges in their day-to-day
adjudication. The primer is divided into three parts.

Part I deals with BNS, which replaces IPC. This Part highlights the
fundamental changes in BNS which address the evolving nature of crime
in society. To give a few examples, offences against women and children
have been clubbed together and given chronological precedence,
presumably to emphasize their relevance in combating crime. Organized
crime (which was already an offence under various State laws) and other
new offences like mob lynching, snatching, terrorist act, etc., have also
been made punishable under the general law.

Part II deals with BNSS, which replaces CrPC. The primary emphases
in the new procedural law are on timely justice and use of development
in forensic science and electronic communication in investigation and
prosecution of offenders. These changes provide for well-defined timelines
at each stage of the criminal proceeding and a much-needed statutory
recognition of use of forensic tools, electronic communication, use of audio-

vii
video means during investigation, service of summons, supply of
documents, trial, and other proceedings.

The adjective law of evidence has also undergone substantial changes,

particularly with regard to electronic evidence in BSA, which has replaced
IEA. Part III of the primer discusses these changes. The Part highlights
the enlarged ambit of primary/secondary evidence in relation to electronic
evidence. It also clarifies the statutory changes in the vexed area regarding
admissibility and certification of electronic evidence.

The Academy sincerely hopes the primer would be of assistance to

judges to comprehend the new laws better and implement them effectively
to further the cause of justice.

viii
 PART I
BHARATIYA NYAYA SANHITA, 2023

1
2
 BHARATIYA NYAYA SANHITA, 2023

 Highlights in the Statement of Objects and Reasons are :—

 Simplification of the legal complexities by streamlining provisions

relating to offences and penalties.

 Community service for petty offences has been introduced. Fines

and punishments for various offences have also been suitably
enhanced.

 Offences against women and children have been given

chronological precedence.

 Some offences have been made gender neutral.

 New offences like terrorist acts, organised crime, petty organised

crime and other offences against the State have been introduced
along with deterrent punishments.

 Salient Changes in the Bharatiya Nyaya Sanhita, 2023 vis-a-vis

Indian Penal Code, 1860 :—
Scheme

 The Bharatiya Nyaya Sanhita consisting of 358 sections is a

streamlined version of the Indian Penal Code which consisted of
511 sections. The scheme of the Bharatiya Nyaya Sanhita is as
follows:—

Chapters Sections
Contents of the Chapter
covered
Chapter I 1-3 Preliminary : The short title with
commencement and application, defi-
nitions and general explanations (sections 8
to 52A of IPC has been included under
various sub-sections of section 2 and 3)
Chapter II 4-13 Punishments
Chapter III 14-44 General Exceptions
Chapter IV 45-62 Abetment, Criminal Conspiracy and Attempt
Chapter V 63-99 Offences against Woman and Child

3
 Chapters Sections
Contents of the Chapter
covered
Chapter VI 100-146 Offences against human body
Chapter VII 147-158 Offences against State
Chapter VIII 159-168 Offences relating to the Army, Navy and Air
Force
Chapter IX 169-177 Offences relating to Elections
Chapter X 178-188 Offences relating to coin, currency notes,
bank notes and government stamps
Chapter XI 189-197 Offences against the public tranquillity
Chapter XII 198-205 Offences relating to public servants
Chapter XIII 206-226 Contempt of the lawful authority of public
servants
Chapter XIV 227-269 False evidence and offences against public
justice
Chapter XV 270-297 Offences affecting public health, safety,
convenience, decency and morals
Chapter XVI 298-302 Offences relating to religion
Chapter XVII 303-334 Offences against property
Chapter XVIII 335-350 Offences relating to documents and
property marks
Chapter XIX 351-357 Criminal Intimidation, Insult, Annoyance,
Defamation, etc.
Chapter XX 358 Repeal and Savings

Definition

 A progressive change has been brought about in section 2(10)

BNS, wherein while defining the term “gender”, it has been stated
that the pronoun “he” and its derivatives are used for any person,
whether male, female or transgender.

 “Child” has been defined under section 2(3) BNS.

 Moveable property under section 2(21) BNS is no longer confined
to "Corporeal Property" but includes "incorporeal property'' also.

4
  Archaic words such as : “Queen”, “British India”, “Servant of
Government”, “India”, “Government of India” have been deleted.
Punishment
 A new form of punishment, namely “Community service”
[section 4(f) BNS] may be awarded under the Sanhita for the
following offences:—
Section 202 Public servant engaging in trade
Section 209 Non-appearance in response to a proclamation
Section 226 Attempt to commit suicide to compel or restraint
exercise of lawful power
Section 303(2) Theft value less than ` 5000
Section 355 Appearing in public place under intoxication
Section 356 Defamation

 Community service has been defined as ‘Court ordered work

that benefits the community, and which is not entitled to any
remuneration’ [Explanation to section 23 of the Bharatiya Nagarik
Suraksha Sanhita]. In State through PS Lodha Colony, New Delhi
v. Sanjeev Nanda1 (BMW Hit and Run case) Supreme Court
directed community service under Article 142 of the Constitution
of India as a reformative measure along with payment of
compensation instead of enhancing the sentence.
 It may be relevant to note under section 18(c) of the Juvenile
Justice (Care and Protection of Children) Act, 2015 a juvenile
may be directed to undertake Community Service as a penalty.

Abetment from abroad

 A new offence has been added under section 48 BNS which

punishes any person (including a foreigner) who while being
outside India abets the commission of an offence in India.

Offences against woman and child

 One of the unique features of the Sanhita is the incorporation of

Offences against Woman and Child into a separate chapter, i.e.,
Chapter V which has been given chronological precedence over
Offences against Human Body and all other major offences.
1
(2012) 8 SCC 450

5
  Definition of Rape under section 375 IPC is more or less replicated
under section 63 BNS, save and except a modification in
Exception 2 whereby the exception is made applicable to sexual
intercourse/ acts between a man with his wife, provided she is 18
years or above. [This change makes the statute in sync with the
law declared by the Supreme Court in the Independent Thought
v. Union of India and another.2]
 A separate offence under section 69 BNS has been incorporated,
which penalizes sexual intercourse by employing deceitful means
(false promise of employment or promotion, inducement or
marrying after suppressing identity) or by making promise to
marry without intention of fulfilling the same. This offence
overlaps with the offence of rape, i.e., sexual intercourse without
consent where consent is vitiated by misconception of fact (section
63 r/w 28 BNS).
 In some offences, the gender of the offender is no l onger
relevant.
Section 76 BNS (Assault or The word “Any man” (as was
Criminal Force to woman with used in corresponding sections
intent to disrobe) 354B and 354C IPC) has been
replaced with “Whoever”, thereby
Section 77 BNS (Voyeurism) creating liability of any person
irrespective of their gender.
 In some offences, the gender of the victim is no longer relevant.
Section 96 BNS (Procuration Section 366A and 366B IPC pena-
of child) lized procuration of minor girl and
importation of girl from foreign
Section 141 BNS (Importation country respectively. The BNS
of girl or boy from foreign offences make the victim gender-
country) neutral.
 Section 95 BNS creates a new offence which penalizes hiring,
employing or engaging a child to commit an offence.
 Unnatural Offences [section 377 IPC] have been deleted. This
deletion not only decriminalizes consensual sexual intercourse/
acts [declared unconstitutional in Navtej Singh Johar and ors v.
Union of India 3 ] but downgrades non-consensual sexual
intercourse/acts not defined as rape under section 63 of BNS as
lesser offences (e.g. hurt, grievous hurt, etc.).
2
(2017) 10 SCC 800
3
(2018) 10 SCC 1

6
  Adultery [declared unconstitutional in Joseph Shine v. Union
of India4] has been deleted.
Offences against human body
 In the offence of Murder, a sub-category, namely Mob-lynching
has been introduced. Mob-lynching occurs when a group of five
or more persons act in concert to commit murder on the ground
of race, caste or community, sex, place of birth, language, personal
belief or any other similar ground. Punishment for each member
of such group is equivalent to murder [section 103 BNS]. This
introduction is in response to directions given by the Supreme
Court to combat Mob-lynching in Tehseen S. Poonawalla v. Union
of India and others.5
 For Causing death by negligence, separate punishments for
different categories of negligence have been curated as follows:—
 Causing death by negligence by any person other than a
registered medical practitioner under section 106(1) BNS –
Imprisonment of either description may extend to
5 years and fine.
 Causing death by negligence by a registered medical
practitioner under section 106(1) BNS– Imprisonment of
either description may extend to 2 years and fine.
 Causing death by rash and negligent driving and escaping
without reporting it to a police officer or a Magistrate soon
after the incident [Hit and Run cases] under section 106(2)
BNS– Imprisonment of either description may extend to 10
years and fine. [Not notified]
 Attempt to commit suicide under section 309 IPC has been
deleted in the Sanhita keeping in mind the directions of the
Supreme Court in Aruna Ramachandra Shanbaug v. Union of India
and others6 and section 115 of the Mental Healthcare Act, 2017.
However, a new offence has been added under section 226 of
BNS, which penalizes attempt to commit suicide to compel or
restrain official duty.
 A new offence, i.e., Organized crime involving continuing
criminal activity including kidnapping, robbery, vehicle theft,
extortion, land grabbing, contract killing, economic offence,

4
(2019) 3 SCC 39
5
(2018) 9 SCC 501
6
(2011) 4 SCC 454

7
 cybercrimes, trafficking of persons, drugs, weapons or illicit goods
or services by two or more persons is made punishable under
section 111 BNS.
 Similarly, another offence, namely Petty organized crime
involving continuing criminal activity including theft, snatching,
cheating, unauthorized selling of tickets, unauthorized betting or
gambling, selling of public examination question papers etc. by
two or more persons has been made punishable under section
112 BNS.
 In addition to the Special Law, i.e., Unlawful Activities (Prevention)
Act, 1967, Terrorist Act [Similar to section 15, UAPA] is also made
punishable under section 113 BNS. Explanation to the provision
clarifies that the officer not below the rank of Superintendent of
Police shall decide whether to register the case under this section
or under UAPA.
 Separate provisions have been introduced under section 117(3)/
(4) BNS for grievous hurt resulting in persistent vegetative
state or permanent disability and in cases of mob lynching.
 Beggary has been introduced as a form of exploitation for
trafficking under section 143 BNS.
Offences against State
 Sedition under section 124A IPC has been deleted. However,
section 152 BNS has been added as a new offence which punishes
secession and separatist activities, armed rebellion, subversive
activities, or any act which endangers sovereignty or unity and
integrity of India.

 Act of making or publishing false or misleading information

which has tendency to jeopardise the sovereignty, unity, integrity
or security of India has been added as a new offence under
section 197(1)(d) BNS.
Offences against Property
 Snatching (section 304 BNS) has been added as a new form of
Theft where the property is quickly or forcibly seized or grabbed.
This offence may be attracted in cases where theft is accompanied
by use of criminal force but does not transcend to robbery.
 Lurking house trespass by night (section 444 IPC) and House-
breaking by night (section 446 IPC) have been deleted.

8
 NEW OFFENCES
 MOB LYNCHING
 TERRORIST ACTS
 ORGANISED CRIME
 PETTY ORGANISED CRIME
 SNATCHING
 HIRING, EMPLOYING OR ENGAGING A
CHILD TO COMMIT AN OFFENCE
 SEXUAL INTERCOURSE BY EMPLOYING
DECEITFUL MEANS
 ACT ENDANGERING SOVEREIGNTY,
UNITY AND INTEGRITY OF INDIA
 ABETTING COMMISSION OF ANY OFFENCE
IN INDIA WHILE BEING OUTSIDE INDIA

REPEALED OFFENCES

 UNNATURAL OFFENCES
 ADULTERY
 ATTEMPT TO COMMIT SUICIDE*
 SEDITION**
 LURKING HOUSE TRESPASS BY NIGHT
 HOUSEBREAKING BY NIGHT

*Cognate offence-section 226 BNS

**Cognate offence-section 152 BNS

9
 Major Changes in Punishments in BNS Versus IPC

OFFENCE BNS IPC

Abetting commission of 7 years with fine 3 years or fine or both

offence by public or
more than 10 persons
[section 57 BNS]

Punishment for Rape Minimum 10 years Minimum 7 years

[section 64(1) BNS]

Buying child for purposes 7-14 years and fine May extend to 10 years
of prostitution and fine
[section 99 BNS]

Punishment for culpable Life Imprisonment or Life Imprisonment or

homicide not amounting 5-10 years and fine [If act may extend upto 10
to murder done with the intention of years and fine [If act
[section 105 BNS] causing death, or of done with the intention
causing such bodily injury of causing death, or of
as is likely to cause death] causing such bodily
injury as is likely to
cause death]

May extend to 10 years May extend to 10 years

with fine [act is done with or fine or both [act is
the knowledge that it is done with the knowledge
likely to cause death, but that it is likely to cause
without any intention to death, but without any
cause death, or to cause intention to cause death,
such bodily injury as is or to cause such bodily
likely to cause death.] injury as is likely to
cause death.]

Causing death by May extend to 5 years and May extend to 2 years

negligence fine [In case of registered or fine or both
[section 106(1) BNS] medical practitioner, it
shall remain 2 years and
fine]

Voluntary causing hurt May extend to 5 years or May extend to 3 years

or grievous hurt to deter fine or both or fine or both
a public servant from his
duty [section 121(1) BNS]

10
 OFFENCE BNS IPC

Voluntary causing hurt May extend to 5 years or May extend to 4 years

or grievous hurt on fine (maximum `10,000) or fine (maximum
provocation or both `2,000) or both
[section 122(2) BNS]

Wrongful confinement May extend to 3 years or May extend to 2 years

for 3 days or more fine (maximum `10,000) or fine or both
[section 127(3) BNS] or both

Exploitation of a 5-10 years and fine 5-7 years and fine

trafficked person
[section 144(1) BNS]

Rioting armed with 5 years or fine or both 3 years or fine or both

deadly weapon
[section 191(3) BNS]

Adulteration of drugs 1 year or fine (maximum 6 months fine (maximum

[section 276 BNS] `5000) or both `1000) or both

Criminal breach of trust 5 years or fine or both 3 years or fine or both

[section 316(2) BNS]

Cheating 3 years or fine or both 1 year or fine or both

[section 318(2) BNS]

Cheating with the 5 years or fine or both 3 years or fine or both

knowledge to cause
wrongful loss
[section 318(3) BNS]

Dishonest or fraudulent 3 years or fine or both 2 years or fine or both

removal or concealment
of property
[section 323 BNS]

Mischief 6 months or fine or both 3 months or fine or both

[section 324(2) BNS]

11
 Introduction of mandatory minimum sentence has been done in
certain offences under BNS, which are as follows:—
OFFENCE
S. 95- Hiring, employing or engaging a child to commit an offence.
S. 99- Buying Child for Purposes of Prostitution, etc.
S. 105- Punishment for Culpable Homicide Not Amounting to Murder
[if act by which the death is caused is done with the intention of causing
death, or of causing such bodily injury as is likely to cause death]
S. 111(2)(b)- Organised Crime.
S. 111(3)- Abetting, attempting etc. of an Organised Crime.
S. 111(4)- Being a member of Organised Crime.
S. 111(5)- Harbouring a member of Organised Crime.
S. 111(6)- Possessing property derived from Organised Crime.
S. 111(7)- Possession of property on behalf of member of Organised Crime.
S. 112(2)- Petty Organised Crime.
S. 113(2)(b)- Terrorist Act.
S. 113(3)- Abetting, attempting etc. of Terrorist Act.
S. 113(4)- Organising a camp for Terrorist Act.
S. 113(6)- Harbouring any person who has committed any terrorist Act.
S. 117(3)- Voluntarily Causing Grievous Hurt resulting in permanent
vegetative state
S. 118(2)- Voluntarily Causing Hurt or Grievous Hurt by Dangerous
Weapons or Means.
S. 121(2)- Voluntarily Causing Hurt or Grievous Hurt to Deter Public
Servant from His Duty.
S. 139(1)- Kidnapping or Maiming a Child for Purposes of Begging.
S. 139(2)- Kidnapping or Maiming a Child for Purposes of Begging.
S. 204- Personating A Public Servant
S. 303(2)- Theft.
S. 310(3)- Dacoity.
S. 314- Dishonest Misappropriation of Property
S. 320- Dishonest or Fraudulent Removal or Concealment of Property
to Prevent Distribution Among Creditors.

12
 COMPARATIVE CHART OF BNS VIS-À-VIS IPC
WITH COMMENTS
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
1(1), Short title, 1 Title and extent No change
1(2) commencement, of operation of
and application the Code
1(3) Short title, 2 Punishment of No change
commencement, offences committed
and application within India
1(4) Short title, 3 Punishment of No change
commencement, offences committed
and application beyond, but which
by law may be
tried within, India
1(5) Short title, 4 Extension of Code A new offence has been
commencement, to extra-territorial added under section 48
and application offences which punishes any
person (including a
foreigner) who while
being outside India
abets the commission
of an offence in India.
1(6) Short title, 5 Certain laws not No change
commencement, to be affected by
and application this Act
6 Definitions in the
Code to be under-
stood subject to
exceptions
_____ ______ 13 Definition of Deleted
“Queen”
_____ ______ 14 Servant of Deleted
Government
_____ ______ 15 Definition of Deleted
“British India”
_____ ______ 16 Definition of Deleted
“Government of
India”
____ _______ 18 India Deleted

Addition Deletion Alteration

13
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
____ _______ 50 “Section” Deleted
2(1) “Act” 32 Words referring No change
3(4) General to acts include
Explanations illegal omissions
2(1) “Act” 33 “Act”, No change
2(25) ”Omission” “Omission”
2(2) “animal” 47 “Animal” No change
2(3) “child” _____ _____ New Provision
2(4) “Counterfeit” 28 “Counterfeit” No change
2(5) “Court” 20 “Court of Justice” Court of Justice has
been renamed as Court.
2(6) “Death” 46 “Death” No change
2(7) “Dishonestly” 24 “Dishonestly” No change
2(8) “Document” 29 “Document” No change
2(9) “Fraudulently” 25 “Fraudulently” No change
2(10) “Gender” 8 Gender Transgender has been
included
2(11) “good faith” 52 “Good faith” No change
2(12) “Government” 17 Government No change
2(13) “harbour” 52A “Harbour” No change
2(14) “injury” 44 “Injury” No change
2(15) “illegal” and 43 “illegal” and No change
“legally bound “legally bound
to do” to do”
2(16) “Judge” 19 “Judge” No change
2(17) “Life” 45 “Life” No change
2(18) “Local law” 42 “Local law” No change
2(19) “Man” 10 “Man”, “Woman” Separate provisions
made.
2(35) ”Woman”
2(20) “Month”/ “Year” 49 “Year” / “Month” No change
2(21) “Movable 22 “Movable Altered provision
Property” Property”
Moveable property now
includes both corporeal
incorporeal property

Addition Deletion Alteration

14
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
2(22) “Number” 9 Number No change
2(23) “Oath” 51 “Oath” No change
2(24) “Offence” 40 “Offence” No change
2(26) “Person” 11 Person No change
2(27) “Public” 12 Public No change
2(28) “Public Servant” 21 “Public Servant” No change
2(29) “Reason to 26 “Reason to No change
believe” believe”
2(30) “Special law” 41 “Special law” No change
2(31) “Valuable 30 “Valuable No change
security” security”
2(32) “Vessel” 48 “Vessel” No change
2(33) “Voluntarily” 39 “Voluntarily” No change
2(34) “Will” 31 “A will” No change
2(36) “Wrongful gain” 23, “Wrongful gain” Separate provisions
para 1 made.
2(37) ”Wrongful loss” 23, ”Wrongful loss”
para 2
2(38) ”Gaining 23, ”Gaining
wrongfully”, para 3 wrongfully”,
“Losing “Losing
wrongfully” wrongfully”
2(39) Words and 29A “Electronic The interpretation
expressions record” clause has been made
more general.
3(1) General 6 Definitions in the No change
Explanations Code to be under-
stood subject to
exceptions.
3(2) General 7 Sense of expression No change
Explanations once explained
3(3) General 27 Property in posse- No change
Explanations ssion of wife,
clerk or servant
3(4) General 32 Words referring No change
Explanations to acts include
illegal omissions.

Addition Deletion Alteration

15
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
3(5) General 34 Acts done by No change
Explanations several persons
and expressions in furtherance of
common intention
3(6) General 35 When such an act No change
Explanations is criminal by
reason of its being
done with a
criminal know-
ledge or intention
3(7) General 36 Effect caused partly No change
Explanations by act and partly
by omission
3(8) General 37 Co-operation by No change
Explanations doing one of seve-
ral acts constitut-
ing an offence
3(9) General 38 Persons concerned No change
Explanations in Criminal Act
may be guilty of
different offences
4 Punishments 53 Punishments A new form of
punishment has been
introduced, which is
“Community service”.
_____ _____ 53A Construction of Deleted
reference to
transportation
5 Commutation of 54 Commutation of Provisions have been
sentence sentence of death clubbed together.
55 Commutation of
sentence of impri-
sonment for life
Expla- 55A Definition of
nation “Appropriate
to 5 Government”
_____ _____ 56 Sentence of Euro- Deleted
peans and Ame-
ricans to penal
servitude, proviso
as to sentence for

Addition Deletion Alteration

16
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
term exceeding
ten years but not
for life
6 Fractions of terms 57 Fractions of terms No change
of punishment of punishment
_____ _____ 58 Offenders senten- Deleted
ced to transporta-
tion how dealt
with until trans-
ported
_____ _____ 59 Transportation Deleted
instead of
imprisonment
7 Sentence may be 60 Sentence may be No change
(in certain cases (in certain cases
of imprisonment) of imprisonment)
wholly or partly wholly or partly
rigorous or simple rigorous or simple
_____ _____ 61 Sentence of forfei- Deleted
ture of property
_____ _____ 62 Forfeiture of pro- Deleted
perty, in respect
of offenders
punishable with
death. Transpor-
tation or impri-
sonment
8 Amount of fine, 63 Amount of fine Imprisonment in
liability in default default of community
of payment of fine, service has been added.
etc.
64 Sentence of impri-
sonment for non-
payment of fine
8(3) 65 Limit to imprison-
ment for non-
payment of fine,
when imprison-
ment and fine
awardable

Addition Deletion Alteration

17
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
8(4)/ 66 Description of
8(5) imprisonment for
non-payment of
fine
8(6) 67 Imprisonment for
non-payment of
fine when offence
punishable with
fine only
8(6) 68 Imprisonment to
terminate on
payment of fine
8(6) 69 Termination of
imprisonment
on payment of
proportional part
of fine
Fine leviable
within six years,
or
8(7) 70 during imprison-
ment - Death not
to discharge
property from
liability
9 Limit of punish- 71 Limit of punish- No change
ment of offence ment of offence
made up of made up of
several offences several offences
10 Punishment of 72 Punishment of No change
person guilty of person guilty of
one of several one of several
offences, the offences, the
judgment stating judgment stating
that it is doubtful that it is doubtful
of which of which
11 Solitary 73 Solitary No change
confinement confinement
12 Limit of solitary 74 Limit of solitary No change
confinement confinement

Addition Deletion Alteration

18
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
13 Enhanced punish- 75 Enhanced punish- No change
ment for certain ment for certain
offences after pre- offences under
vious conviction Chapter XII or
Chapter XVII
after previous
conviction
14 Act done by a 76 Act done by a No change
person bound, or person bound, or
by mistake of fact by mistake of fact
believing himself believing himself
bound, by law bound, by law
15 Act of Judge when 77 Act of Judge when No change
acting judicially acting judicially
16 Act done pursuant 78 Act done pursuant No change
to the judgment to the judgment
or order of Court or order of Court
17 Act done by a 79 Act done by a No change
person justified, person justified,
or by mistake of or by mistake of
fact believing fact believing
himself justified, himself justified,
by law by law
18 Accident in doing 80 Accident in doing No change
a lawful act a lawful act
19 Act likely to cause 81 Act likely to cause No change
harm, but done harm, but done
without criminal without criminal
intent, and to pre- intent, and to pre-
vent other harm vent other harm
20 Act of a child 82 Act of a child No change
under seven years under seven years
of age of age
21 Act of a child 83 Act of a child
above seven and above seven and No change
under twelve years under twelve of
of age of immature immature under-
understanding standing
22 Act of a person of 84 Act of a person of No change
unsound mind unsound mind

Addition Deletion Alteration

19
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
23 Act of a person 85 Act of a person No change
incapable of incapable of
judgment by judgment by
reason of intoxi- reason of intoxi-
cation caused cation caused
against his will against his will
24 Offence requiring 86 Offence requiring No change
a particular intent a particular intent
or knowledge or knowledge
committed by one committed by one
who is intoxicated who is intoxicated
25 Act not intended 87 Act not intended No change
and not known to and not known to
be likely to cause be likely to cause
death or grievous death or grievous
hurt, done by hurt, done by
consent consent
26 Act not intended 88 Act not intended No change
to cause death, to cause death,
done by consent done by consent
in good faith for in good faith for
person’s benefit person’s benefit
27 Act done in good 89 Act done in good No change
faith for benefit faith for benefit
of child or person of child or insane
of unsound mind person by or
by or by consent by consent of
of guardian guardian
28 Consent known to 90 Consent known to No change
be given under be given under
fear or miscon- fear or miscon-
ception ception
29 Exclusion of acts 91 Exclusion of acts No change
which are offences which are offences
independently of independently of
harm caused harm caused
30 Act done in good 92 Act done in good No change
faith for benefit faith for benefit
of a person with- of a person with-
out consent out consent

Addition Deletion Alteration

20
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
31 Communication 93 Communication No change
made in good faith made in good faith
32 Act to which a 94 Act to which a No change
person compelled person compelled
by threats by threats
33 Act causing slight 95 Act causing slight No change
harm harm
34 Things done in 96 Things done in No change
private defence private defence
35 Right of private 97 Right of private No change
defence of the body defence of the body
and of property and of property
36 Right of private 98 Right of private No change
defence against defence against
the act of a person the act of a person
of unsound mind of unsound mind,
etc.
37 Acts against which 99 Acts against which No change
there is no right of there is no right of
private defence private defence
38 When the right of 100 When the right of No change
private defence of private defence of
the body extends the body extends
to causing death to causing death
39 When such right 101 When such right No change
extends to causing extends to causing
any harm other any harm other
than death than death
40 Commencement 102 Commencement No change
and continuance and continuance
of the right of of the right of
private defence private defence
of the body of the body
41 When the right of 103 When the right of No change
private defence of private defence of
properly extends property extends
to causing death to causing death

Addition Deletion Alteration

21
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
42 When such right 104 When such right No change
extends to causing extends to causing
any harm other any harm other
than death than death
43 Commencement 105 Commencement No change
and continuance and continuance
of the right of of the right of
private defence private defence
of property of property
44 Right of private 106 Right of private No change
defence against defence against
deadly assault deadly assault
when there is when there is
risk of harm to risk of harm to
innocent person innocent person
45 Abetment of a 107 Abetment of a No change
thing thing
46 Abettor 108 Abettor No change
47 Abetment in India 108A Abetment in India No change
of offences outside of offences outside
India India
48 Abetment outside ____ ____ New Provision
India for offence
in India
49 Punishment of 109 Punishment of No change
abetment if act abetment if the act
abetted is com- abetted is com-
mitted in conse- mitted in conse-
quence and where quence and where
no express provi- no express provi-
sion is made for sion is made for
its punishment its punishment
50 Punishment of 110 Punishment of No change
abetment if person abetment if person
abetted does act abetted does act
with different with a different
intention from intention from
that of abettor that of abettor

Addition Deletion Alteration

22
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
51 Liability of 111 Liability of No change
abettor when one abettor when one
act abetted and act abetted and
different act done different act done
52 Abettor when 112 Abettor when No change
liable to cumula- liable to cumula-
tive punishment tive punishment
for act abetted for act abetted
and for act done and for act done
53 Liability of abettor 113 Liability of abettor No change
for an effect caused for an effect caused
by the act abetted by the act abetted
different from that different from that
intended by the intended by the
abettor abettor
54 Abettor present 114 Abettor present No change
when offence is when offence is
committed committed
55 Abetment of 115 Abetment of No change
offence punishable offence punishable
with death or with death or
imprisonment imprisonment
for life for life - if offence
not committed
56 Abetment of 116 Abetment of No change
offence punishable offence punishable
with with imprisonment
imprisonment - if offence be not
committed
57 Abetting commi- 117 Abetting commi- Minor change
ssion of offence ssion of offence by
by the public or the public or by
by more than ten more than ten
persons persons
58 Concealing design 118 Concealing design No change
to commit offence to commit offence
punishable with punishable with
death or imprison- death or imprison-
ment for life ment for life

Addition Deletion Alteration

23
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
59 Public servant 119 Public servant No change
concealing design concealing design
to commit offence to commit offence
which it is his which it is his
duty to prevent duty to prevent
60 Concealing design 120 Concealing design No change
to commit offence to commit offence
punishable with punishable with
imprisonment imprisonment
61(1) Criminal 120A Definition of No change
Conspiracy Criminal
Conspiracy
61(2) Criminal 120B Punishment of
Conspiracy Criminal
conspiracy
62 Punishment for 511 Punishment for No change
attempting to attempting to
commit offences commit offences
punishable with punishable with
imprisonment for imprisonment for
life or other life or other
imprisonment imprisonment
63 Rape 375 Rape Exception 2 has been
modified and made
applicable to sexual
intercourse/acts
between a man with
his wife, provided she
is 18 years or above
64 Punishment for 376 Punishment for Minor change
rape (1)/(2) rape
65(1) Punishment of rape 376(3) Punishment for No change
in certain cases rape
65(2) Punishment of rape 376AB Punishment of No change
in certain cases rape on woman
under twelve
years of age
66 Punishment for 376A Punishment for No change
causing death or causing death or
resulting in per- resulting in per-
sistent vegetative sistent vegetative
state of victim state of victim

Addition Deletion Alteration

24
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
67 Sexual intercourse 376B Sexual intercourse No change
by husband upon by husband upon
his wife during his wife during
separation. separation.
68 Sexual intercourse 376C Sexual intercourse No change
by a person in by a person in
authority authority
69 Sexual intercourse New provision
by employing
deceitful means, Penalizes Sexual
etc. intercourse by
employing deceitful
means (false promise
of employment or
promotion, inducement
or marrying after
suppressing identity) or
by making promise to
marry without intention
of fulfilling the same.
70 Gang Rape 376 Gang Rape Provisions have been
clubbed together.
376DA Punishment for
gang rape on
woman under
sixteen years of
age

376DB Punishment for

gang rape on
woman under
twelve years of age
71 Punishment for 376E Punishment for No change
repeat offenders. repeat offenders.
_____ _____ 377 Unnatural Offences Deleted
72 Disclosure of 228A Disclosure of Earlier provision has
identity of victim identity of victim been bifurcated into
of certain offences, of certain offences, two separate
etc etc provisions.

Addition Deletion Alteration

25
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
73 Printing or
publishing any
matter relating to
Court proceedings
without permission.
74 Assault or use of 354 Assault or use of No change
criminal force to criminal force to
woman with woman with
intent to outrage intent to outrage
her modesty her modesty
75 Sexual 354A Sexual harassment No change
harassment and punishment
for sexual
harassment
76 Assault or use of 354B Assault or use of Offender has been
criminal force to criminal force to made gender neutral.
woman with woman with
intent to disrobe intent to disrobe
77 Voyeurism 354C Voyeurism Offender has been
made gender neutral.
78 Stalking 354D Stalking No change
79 Word, gesture or 509 Word, gesture or Minor change
act intended to act intended to
insult modesty insult modesty The words 'in any form'
of a woman of a woman has been added,
expanding the scope of
the provision.
80 Dowry death 304B Dowry death No change
81 Cohabitation 493 Cohabitation No change
caused by man caused by man
deceitfully deceitfully
inducing belief of inducing belief of
lawful marriage lawful marriage
82 Marrying again 494 Marrying again Provisions have been
during lifetime of during lifetime of clubbed into one
husband or wife husband or wife section.

495 Same offence with

concealment of
former marriage
from person with
whom subsequent
marriage is
contracted

Addition Deletion Alteration

26
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
83 Marriage ceremony 496 Marriage ceremony No change
fraudulently gone fraudulently gone
through without through without
lawful marriage. lawful marriage.
497 Adultery Deleted
84 Enticing or taking 498 Enticing or taking No change
away or detaining away or detaining
with criminal with criminal
intent a married intent a married
woman woman
85 Husband or 498A Husband or The provision has been
relative of relative of split into two separate
husband of a husband of a sections.
woman subjecting woman subjecting
her to cruelty her to cruelty
86 Cruelty defined 498A
Expla-
nation
87 Kidnapping, 366 Kidnapping, No change
abducting or abducting or
inducing woman inducing woman
to compel her to compel her
marriage, etc. marriage, etc.
88 Causing 312 Causing No change
miscarriage miscarriage
89 Causing 313 Causing No change
miscarriage miscarriage
without woman’s without woman’s
consent consent
90 Death caused by 314 Death caused by No change
act done with act done with
intent to cause intent to cause
miscarriage miscarriage
91 Act done with 315 Act done with No change
intent to prevent intent to prevent
child being born child being born
alive or to cause alive or to cause
to die after birth to die after birth

Addition Deletion Alteration

27
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
92 Causing death of 316 Causing death of No change
quick unborn quick unborn
child by act child by act
amounting to amounting to
culpable homicide culpable homicide
93 Exposure and 317 Exposure and No change
abandonment of abandonment of
child under twelve child under twelve
years of age, by years of age, by
parent or person parent or person
having care of it having care of it
94 Concealment of 318 Concealment of No change
birth by secret birth by secret
disposal of dead disposal of dead
body body
95 Hiring, employing New Provision
or engaging a
child to commit
an offence.
96 Procuration of 366A Procuration of Victim has been made
child minor girl gender neutral.
97 Kidnapping or 369 Kidnapping or No change
abducting child abducting child
under ten years under ten years
of age with intent of age with intent
to steal from its to steal from its
person person
98 Selling child for 372 Selling minor for The word ‘minor’ has
purposes of pros- purposes of pros- been replaced by
titution, etc. titution, etc. ‘child’.
99 Buying child for 373 Buying minor for The word ‘minor’ has
purposes of purposes of been replaced by
prostitution, etc. prostitution, etc. ‘child’.
100 Culpable homicide 299 Culpable homicide No change
101 Murder 300 Murder No change
102 Culpable homicide 301 Culpable homicide No change
by causing death by causing death
of person other of person other
than person whose than person whose
death was intended death was intended

Addition Deletion Alteration

28
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
103(1) Punishment for 302 Punishment for No change
murder murder
103(2) Punishment for _____ _____ New Provision
murder pertaining to Mob
[Mob Lynching] Lynching
104 Punishment for 303 Punishment for Minor change
murder by life- murder by life-
convict convict
105 Punishment for 304 Punishment for Minor change
culpable homicide culpable homicide
not amounting not amounting
to murder to murder
106(1) Causing death by 304A Causing death by Altered Provision
negligence negligence
Punishment enhanced
upto 5 years and fine
and in case of medical
practitioner imprison-
ment may extend to 2
years and fine.
106(2) Causing death by ____ ____ New Provision
negligence [NOT NOTIFIED]

In case of death by rash

and negligent driving of
vehicle not amounting
to culpable homicide
and escaping without
immediately reporting
it to a police/Magistrate,
imprisonment may
extend to 10 years and
fine.
107 Abetment of 305 Abetment of The term insane person
suicide of child suicide of child altered to unsound
or person of or insane person mind.
unsound mind
108 Abetment of 306 Abetment of No change
suicide suicide

Addition Deletion Alteration

29
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
109 Attempt to 307 Attempt to No change
murder murder
110 Attempt to commit 308 Attempt to commit No change
culpable homicide culpable homicide
____ ____ 309 Attempt to commit Deleted
suicide
Cognate Offence-
Section 226 BNS
111 Organised crime ____ ____ New Provision

Any continuing
unlawful activity
including kidnapping,
robbery, vehicle theft,
extortion, land
grabbing, contract
killing, economic
offence, cyber-crimes,
trafficking of persons,
drugs, weapons or
illicit goods or services,
human trafficking for
prostitution or ransom.
112 Petty organised ____ ____ New Provision
crime
Theft, snatching,
cheating, unauthorised
selling of tickets,
unauthorised betting
or gambling, selling of
public examination
question papers or any
other similar criminal
act petty organised
crime if committed by
more than two persons.
113 Terrorist act ____ ____ New Provision

Similar to section 15,

UAPA.Superintendent
of Police shall decide
whether to register the
case under this section
or under the UAPA.

Addition Deletion Alteration

30
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
114 Hurt 319 Hurt No change
115(1) Voluntarily 321 Voluntarily The provisions have
causing hurt causing hurt been clubbed under
one section.
Punishment for
Voluntarily
115(2) 323 causing hurt
116 Grievous hurt 320 Grievous hurt Altered Provision
The time period of 20
days in clause ''eight" is
altered to 15 days.
117(1) Voluntarily 322 Voluntarily The provisions have
causing grievous causing grievous been clubbed under
hurt hurt one section.
117(2) 325 Punishment for
voluntarily
causing grievous
hurt
117 Voluntarily ____ ____ New Sub-section
(3)/(4) causing grievous
hurt Relating to grievous
hurt causing vegetative
state through perma-
nent disability or
through mob lynching.
118(1) Voluntarily 324 Voluntarily The provisions have
causing hurt or causing hurt by been clubbed under
grievous hurt by dangerous one section.
dangerous weapons
weapons or means or means.

118(2) 326 Voluntarily

causing grievous
hurt by dangerous
weapons or means.
119(1) Voluntarily 327 Voluntarily The provisions have
causing hurt or causing hurt to been clubbed under
grievous hurt to extort property, one section.
extort property, or to constrain to
or to constrain to an illegal act.
an illegal act.

Addition Deletion Alteration

31
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
119(2) 329 Voluntarily
causing grievous
hurt to extort
property, or to
constrain to an
illegal act.
120(1) Voluntarily 330 Voluntarily The provisions have
causing hurt or causing hurt to been clubbed under
grievous hurt to extort confession, one section.
extort confession, or to compel
or to compel restoration of
restoration of property
property
120(2) 331 Voluntarily
causing grievous
hurt to extort
confession, or to
compel restoration
of property
121(1) Voluntarily 332 Voluntarily The provisions have
causing hurt or causing hurt to been clubbed under
grievous hurt to deter public one section.
deter public servant from his
servant from his duty.
duty
121(2) 333 Voluntarily
causing grievous
hurt to deter
public servant
from his duty.
122(1) Voluntarily 334 Voluntarily The provisions have
causing hurt or causing hurt on been clubbed under
grievous hurt on provocation one section.
provocation
122(2) 335 Voluntarily
causing grievous
hurt on
provocation

Addition Deletion Alteration

32
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
123 Causing hurt by 328 Causing hurt by No change
means of poison, means of poison,
etc., with intent etc., with intent
to commit an to commit an
offence offence
124(1) Voluntarily 326A Voluntarily The provisions have
causing grievous causing grievous been clubbed under
hurt by use of hurt by use of one section.
acid, etc. acid, etc.
124(2) 326B Voluntarily
throwing or
attempting to
throw acid
125 Act endangering 336 Act endangering The provisions have
life or personal life or personal been clubbed under
safety of other safety of others one section.
337 Causing hurt by
act endangering
life or personal
safety of others
338 Causing grievous
hurt by act
endangering life
or personal safety
of others
126(1) Wrongful 339 Wrongful The provisions have
restraint restraint been clubbed under
one section.
126(2) 341 Punishment
for wrongful
restraint
127(1) Wrongful 340 Wrongful The provisions have
confinement confinement been clubbed under
one section.
127(2) 342 Punishment
for wrongful
confinement

127(3) 343 Wrongful confine-

ment for three or
more days

Addition Deletion Alteration

33
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
127(4) 344 Wrongful confine-
ment for ten or
more days

127(5) 345 Wrongful confine-

ment of person
for whose libe-
ration writ has
been issued

127(6) 346 Wrongful confine-

ment in secret

127(7) 347 Wrongful confine-

ment to extort
property, or
constrain to
illegal act

127(8) 348 Wrongful confine-

ment to extort
confession, or
compel restoration
of property
128 Force 349 Force No change
129 Criminal force 350 Criminal force No change
130 Assault 351 Assault No change
131 Punishment for 352 Punishment for Minor change
assault or criminal assault or criminal
force otherwise force otherwise
than on grave than on grave
provocation provocation
132 Assault or 353 Assault or No change
criminal force to criminal force to
deter public ser- deter public ser-
vant from dis- vant from dis-
charge of his duty charge of his duty
133 Assault or 355 Assault or No change
criminal force criminal force
with intent to with intent to
dishonour person, dishonour person,
otherwise than on otherwise than on
grave provocation grave provocation

Addition Deletion Alteration

34
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
134 Assault or 356 Assault or
criminal force in criminal force in
attempt to commit attempt to commit
theft of property theft of property
carried by a person carried by a person
135 Assault or 357 Assault or Minor change
criminal force in criminal force in
attempt wrongfully attempt wrongfully
to confine a person to confine a person
136 Assault or 358 Assault or Minor change
criminal force on criminal force on
grave provocation grave provocation
137(1) Kidnapping 359 Kidnapping Altered Provision

137(1)(a) 360 Kidnapping from

India

137(1)(b) 361 Kidnapping from In Section 361 IPC,

lawful age difference on the
guardianship basis of gender has
been removed by
137(2) 363 Punishment for use of the word 'child'
kidnapping
138 Abduction 362 Abduction No change
139 Kidnapping or 363A Kidnapping or Minor change
maiming a child maiming a minor
for purposes of for purposes of
begging begging
140(1) Kidnapping or 364 Kidnapping or The provisions have
abducting in order abducting in been clubbed under
to murder or for order to murder one section.
ransom, etc.
140(2) 364A Kidnapping for
ransom, etc.
140(3) 365 Kidnapping or
abducting with
intent secretly
and wrongfully
to confine person

Addition Deletion Alteration

35
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
140(4) 367 Kidnapping or
abducting in order
to subject person
to grievous hurt,
slavery, etc
141 Importation of 366B Importation of Victim has been made
girl or boy from girl From foreign gender neutral.
foreign country country
142 Wrongfully con- 368 Wrongfully con- No change
cealing or keeping cealing or keeping
in confinement, in confinement,
kidnapped or kidnapped or
abducted person abducted person
143 Trafficking of 370 Trafficking of Beggary has been
person person introduced as a form
of exploitation in
trafficking.
144 Exploitation of a 370A Exploitation of a Minor change
trafficked person trafficked person
145 Habitually 371 Habitually No change
dealing in slaves dealing in slaves
146 Unlawful compul- 374 Unlawful compul- No change
sory labour sory labour
147 Waging, or attemp- 121 Waging, or attemp- No change
ting to wage war, ting to wage war,
or abetting waging or abetting waging
of war, against of war, against
Government of Government of
India India
148 Conspiracy to 121A Conspiracy to No change
commit offences commit offences
punishable by punishable by
section 147 section 121
149 Collecting arms, 122 Collecting arms, No change
etc., with inten- etc., with inten-
tion of waging tion of waging
war against war against
Government of Government of
India India

Addition Deletion Alteration

36
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
150 Concealing with 123 Concealing with No change
intent to facilitate intent to facilitate
design to wage war design to wage war
151 Assaulting 124 Assaulting No change
President, President,
Governor, etc., Governor, etc.,
with intent to with intent to
compel or restrain compel or restrain
exercise of any exercise of any
lawful power lawful power
152 Act endangering ____ ____ New Provision
sovereignty, unity
and integrity of
India
____ ____ 124A Sedition Deleted
153 Waging war against 125 Waging war against Asiatic power, etc.
Government of any Asiatic Power removed
any foreign State in alliance with
at peace with the Government
Government of of India
India
154 Committing 126 Committing Minor change in
depredation on depredation on terminology.
territories of territories of
foreign State at power at peace
peace with with Government
Government of of India.
India
155 Receiving property 127 Receiving property No change
taken by war or taken by war or
depredation depredation
mentioned in mentioned in
sections 153 sections 125
and 154 and 126
156 Public servant 128 Public servant No change
voluntarily voluntarily
allowing prisoner allowing prisoner
of State or war of State or war
to escape to escape

Addition Deletion Alteration

37
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
157 Public servant 129 Public servant No change
negligently negligently
suffering such suffering such
prisoner to escape prisoner to escape
158 Aiding escape of, 130 Aiding escape of, No change
rescuing or rescuing or
harbouring such harbouring such
prisoner prisoner
159 Abetting mutiny, 131 Abetting mutiny, No change
or attempting to or attempting to
seduce a soldier, seduce a soldier,
sailor or airman sailor or airman
from his duty from his duty
160 Abetment of 132 Abetment of No change
mutiny, if mutiny mutiny, if mutiny
is committed in is committed in
consequence consequence
thereof thereof
161 Abetment of 133 Abetment of No change
assault by soldier, assault by soldier,
sailor or airman sailor or airman
on his superior on his superior
officer, when in officer, when in
execution of his execution of his
office office
162 Abetment of such 134 Abetment of such No change
assault, if assault assault, if the
committed assault is
committed.
163 Abetment of 135 Abetment of No change
desertion of desertion of
soldier, sailor soldier, sailor
or airman or airman
164 Harbouring 136 Harbouring No change
deserter deserter
165 Deserter concealed 137 Deserter concealed No change
on board merchant on board merchant
vessel through vessel through
negligence of negligence of
master master

Addition Deletion Alteration

38
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
166 Abetment of act 138 Abetment of act No change
of insubordination of insubordination
by soldier, sailor by soldier, sailor
or airman or airman

167 Persons subject to 139 Persons subject to No change

certain Acts certain Acts

168 Wearing garb or 140 Wearing garb or No change

carrying token carrying token
used by soldier, used by soldier,
sailor or airman sailor or airman

169 Candidate, 171A Candidate, No change

electoral right electoral right
defined defined

170 Bribery 171B Bribery No change

171 Undue influence 171C Undue influence No change

at elections at elections

172 Personation at 171D Personation at No change

elections elections

173 Punishment for 171E Punishment for No change

bribery bribery

174 Punishment for 171F Punishment for No change

undue influence undue influence
or personation or personation
at an election at an election

175 False statement 171G False statement No change

in connection in connection
with an election with an election

176 Illegal payments 171H Illegal payments No change

in connection in connection
with an election with an election

177 Failure to keep 171I Failure to keep No change

election accounts election accounts

Addition Deletion Alteration

39
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
178 Counterfeiting 230 “Coin” defined The provisions have
coin, Government been clubbed under
stamps, currency- 231 Counterfeiting one section
notes or coin
bank-notes
232 Counterfeiting
Indian coin
246 Fraudulently or
dishonestly
diminishing
weight or
altering
composition of
coin
247 Fraudulently or
dishonestly
diminishing
weight or altering
composition of
Indian coin
248 Altering
appearance of
coin with intent
that it shall pass
as coin of different
description
249 Altering
appearance of
Indian coin with
intent that it shall
pass as coin of
different
description
255 Counterfeiting
Government
Stamps
489A Counterfeiting
currency-notes
or bank-notes

Addition Deletion Alteration

40
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
179 Using as genuine, 239 Delivery of coin, The provisions have
forged or possessed with been clubbed under
counterfeit coin, knowledge that it one section.
Government is counterfeit
stamp, currency-
notes or
bank-notes
240 Delivery of Indian
coin, possessed
with knowledge
that it is
counterfeit
241 Delivery of coin
as genuine, which,
when first
possessed, the
deliverer did not
know to be
counterfeit
250 Delivery of coin,
possessed with
knowledge that it
is altered
251 Delivery of Indian
coin, possessed
with knowledge
that it is altered
254 Delivery of coin
as genuine which,
when first
possessed, the
deliverer did not
know to be
altered
258 Sale of counterfeit
Government
stamp

Addition Deletion Alteration

41
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
260 Using as genuine
a government
stamp known to
be counterfeit
489B Using as genuine,
forged or
counterfeit
currency-notes
or bank-notes
180 Possession of 242 Possession of The provisions have
forged or counterfeit coin been clubbed under
counterfeit coin, by person who one section.
Government knew it to be
stamp, currency- counterfeit when
notes or bank- he became
notes possessed thereof
243 Possession of
Indian coin by
person who knew
it to be counterfeit
when he became
possessed thereof
252 Possession of coin
by person who
knew it to be
altered when he
became possessed
thereof
253 Possession of
Indian coin by
person who knew
it to be altered
when he became
possessed thereof
259 Having
possession of
counterfeit
Government
stamp

Addition Deletion Alteration

42
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
489C Possession of
forged or
counterfeit
currency-notes
or bank-notes
181 Making or 233 Making or selling The provisions have
possessing instrument for been clubbed under
instruments or counterfeiting one section.
materials for coin
forging or
counterfeiting 234 Making or selling
coin, Government instrument for
stamp, currency- counterfeiting
notes or bank- Indian coin
notes
235 Possession of
instrument or
material for the
purpose of using
the same for
counterfeiting
coin
256 Having possession
of instrument or
material for
counterfeiting
Government
stamp
257 Making or selling
instrument for
counterfeiting
Government
stamp
489D Making or
possessing
instruments or
materials for
forging or
counterfeiting
currency-notes
or bank-notes

Addition Deletion Alteration

43
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
182 Making or using 489E Making or using No change
documents documents
resembling resembling
currency-notes or currency-notes
bank-notes 489E or bank-notes
183 Effacing writing 261 Effacing writing No change
from substance from substance
bearing bearing
Government Government
stamp, or stamp, or
removing from removing from
document a document a stamp
stamp used for it, used for it, with
with intent to intent to cause
cause loss to loss to
Government Government
184 Using 262 Using No change
Government Government
stamp known to stamp known to
have been before have been before
used used
185 Erasure of mark 263 Erasure of mark No change
denoting that denoting that
stamp has been stamp has been
used used
186 Prohibition of 263A Prohibition of No change
fictitious stamps fictitious stamps
187 Person employed 244 Person employed No change
in mint causing in mint causing
coin to be of coin to be of
different weight different weight
or composition or composition
from that fixed from that fixed
by law by law
188 Unlawfully 245 Unlawfully taking No change
taking coining coining
instrument from instrument from
mint mint

Addition Deletion Alteration

44
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
189(1) Unlawful 141 Unlawful The provisions have
Assembly Assembly been clubbed under
189(2) 142 Being member of one section.
unlawful
assembly
189(2) 143 Punishment
189(3) 145 Joining or
continuing in
unlawful
assembly,
knowing it has
been commanded
to disperse
189(4) 144 Joining unlawful
assembly armed
with deadly
weapon
189(5) 151 Knowingly
joining or
continuing in
assembly of five
or more persons
after it has been
commanded to
disperse
189(6) 150 Hiring, or
conniving at
hiring, of persons
to join unlawful
assembly
189(7) 157 Harbouring
persons hired for
an unlawful
assembly
189(8)/ 158 Being hired to
(9) take part in an
unlawful
assembly or riot

Addition Deletion Alteration

45
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
190 Every member of 149 Every member of No change
unlawful unlawful
assembly guilty assembly guilty
of offence of offence
committed in committed in
prosecution of prosecution of
common object common object.
191(1) Rioting 146 Rioting Minor change

191(2) 147 Punishment for

rioting
191(3) 148 Rioting, armed
with deadly
weapon
192 Wantonly giving 153 Wantonly giving No change
provocation with provocation with
intent to cause intent to cause
riot-if rioting be riot-if rioting be
committed; if not committed; if not
committed. committed.
193(1) Liability of owner, 154 Owner or The provisions have
occupier, etc., of occupier of land been clubbed under
land on which an on which an one section.
unlawful unlawful
assembly or riot assembly is held
takes place
193(2) 155 Liability of person
for whose benefit
riot is committed
193(3) 156 Liability of agent
of owner or
occupier for
whose benefit riot
is committed
194(1) Affray 159 Affray The provisions have
been clubbed under
194(2) 160 Punishment for one section.
committing affray

Addition Deletion Alteration

46
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
195(1) Assaulting or 152 Assaulting or New Sub-Section
obstructing obstructing
public servant public servant
when suppre- when suppre-
ssing riot, etc. ssing riot, etc.
195(2) _____ _____
196 Promoting enmity 153A Promoting enmity No change
between different between
groups on different groups
grounds of on grounds of
religion, race, religion, race,
place of birth, place of birth,
residence, residence,
language, etc., and language, etc., and
doing acts pre- doing acts pre-
judicial to judicial to
maintenance of maintenance of
harmony harmony
197 Imputations, 153B Imputations, New Sub-Section
assertions pre- assertions
judicial to prejudicial to
national national
integration integration.
197 ______ _______
(1)(d)
198 Public servant 166 Public servant No change
disobeying law, disobeying law,
with intent to with intent to
cause injury to cause injury to
any person any person
199 Public servant 166A Public servant No change
disobeying disobeying
direction under direction under
law law
200 Punishment for 166B Punishment for No change
nontreatment of nontreatment of
victim victim

Addition Deletion Alteration

47
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
201 Public servant 167 Public servant No change
framing an framing an
incorrect incorrect
document with document with
intent to cause intent to cause
injury injury
202 Public servant 168 Public servant Minor change
unlawfully unlawfully
engaging in trade engaging in trade
203 Public servant 169 Public servant No change
unlawfully unlawfully
buying or bidding buying or bidding
for property for property
204 Personating a 170 Personating a Minor change
public servant public servant
205 Wearing garb or 171 Wearing garb or No change
carrying token carrying token
used by public used by public
servant with servant with
fraudulent intent fraudulent intent
206 Absconding to 172 Absconding to No change
avoid service of avoid service of
summons or other summons or other
proceeding proceeding
207 Preventing 173 Preventing No change
service of service of
summons or other summons or other
proceeding, or proceeding, or
preventing preventing
publication publication
thereof thereof
208 Non-attendance 174 Non-attendance No change
in obedience to an in obedience to an
order from public order from public
servant servant

Addition Deletion Alteration

48
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
209 Nonappearance 174A Non-appearance Minor change
in response to a in response to a
proclamation proclamation
under section 84 under section 82
of Bharatiya of Act 2 of 1974
Nagarik Suraksha
Sanhita, 2023
210 Omission to 175 Omission to No change
produce document produce document
or electronic or electronic
record to public record to public
servant by person servant by person
legally bound to legally bound to
produce it produce it
211 Omission to give 176 Omission to give No change
notice or notice or
information to information to
public servant by public servant by
person legally person legally
bound to give it bound to give it
212 Furnishing false 177 Furnishing false No change
information information
213 Refusing oath or 178 Refusing oath or No change
affirmation when affirmation when
duly required by duly required by
public servant to public servant to
make it make it
214 Refusing to 179 Refusing to No change
answer public answer public
servant servant
authorised to authorised to
question question
215 Refusing to sign 180 Refusing to sign No change
statement statement

Addition Deletion Alteration

49
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
216 False statement 181 False statement No change
on oath or on oath or
affirmation to affirmation to
public servant or public servant or
person authorised person authorised
to administer an to administer an
oath or oath or
affirmation affirmation
217 False information, 182 False information, No change
with intent to with intent to
cause public cause public
servant to use his servant to use his
lawful power to lawful power to
injury of another injury of another
person person
218 Resistance to 183 Resistance to No change
taking of property taking of property
by lawful by lawful
authority of a authority of a
public servant public servant
219 Obstructing sale 184 Obstructing sale No change
of property of property
offered for sale by offered for sale
authority of by authority of
public servant public servant
220 Illegal purchase or 185 Illegal purchase or No change
bid for property bid for property
offered for sale offered for sale
by authority of by authority of
public servant public servant
221 Obstructing 186 Obstructing No change
public servant in public servant in
discharge of discharge of
public functions public functions
222 Omission to assist 187 Omission to assist No change
public servant public servant
when bound by when bound by
law to give law to give
assistance assistance

Addition Deletion Alteration

50
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
223 Disobedience to 188 Disobedience to No change
order duly order duly
promulgated by promulgated by
public servant public servant
224 Threat of injury 189 Threat of injury No change
to public servant to public servant
225 Threat of injury 190 Threat of injury No change
to induce person to induce person
to refrain from to refrain from
applying for applying for
protection to protection to
public servant public servant
226 Attempt to New Provision
commit suicide to
compel or restrain ____ ____
exercise of lawful
power
227 Giving false 191 Giving false No change
evidence evidence
228 Fabricating false 192 Fabricating false No change
evidence evidence
229 Punishment for 193 Punishment for No change
false evidence false evidence
230 Giving or 194 Giving or No change
fabricating false fabricating false
evidence with evidence with
intent to procure intent to procure
conviction of conviction of
capital offence capital offence
231 Giving or 195 Giving or No change
fabricating false fabricating false
evidence with evidence with
intent to procure intent to procure
conviction of conviction of
offence punishable offence punishable
with imprison- with imprison-
ment for life or ment for life or
imprisonment imprisonment

Addition Deletion Alteration

51
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
232 Threatening any 195A Threatening any No change
person to give person to give
false evidence false evidence
233 Using evidence 196 Using evidence No change
known to be false known to be false
234 Issuing or signing 197 Issuing or signing No change
false certificate false certificate
235 Using as true a 198 Using as true a No change
certificate known certificate known
to be false to be false
236 False statement 199 False statement No change
made in declara- made in declara-
tion which is by tion which is by
law receivable as law receivable as
evidence evidence
237 Using as true such 200 Using as true such No change
declaration know- declaration know-
ing it to be false ing it to be false
238 Causing dis- 201 Causing dis- No change
appearance of appearance of
evidence of offence, evidence of offence,
or giving false or giving false
information to information to
screen offender screen offender
239 Intentional omi- 202 Intentional omi- No change
ssion to give ssion to give
information of information of
offence by person offence by person
bound to inform bound to inform
240 Giving false 203 Giving false No change
information information
respecting an respecting an
offence committed offence committed
241 Destruction of 204 Destruction of No change
document or document or
electronic record electronic record
to prevent its to prevent its
production as production as
evidence evidence

Addition Deletion Alteration

52
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
242 False personation 205 False personation No change
for purpose of act for purpose of act
or proceeding in or proceeding in
suit or suit or
prosecution prosecution
243 Fraudulent 206 Fraudulent No change
removal or removal or
concealment of concealment of
property to property to
prevent its seizure prevent its seizure
as forfeited or in as forfeited or in
execution execution
244 Fraudulent claim 207 Fraudulent claim No change
to property to to property to
prevent its seizure prevent its seizure
as forfeited or in as forfeited or in
execution execution
245 Fraudulently 208 Fraudulently No change
suffering decree suffering decree
for sum not due for sum not due
246 Dishonestly 209 Dishonestly No change
making false making false
claim in Court claim in Court
247 Fraudulently 210 Fraudulently No change
obtaining decree obtaining decree
for sum not due for sum not due
248 False charge of 211 False charge of No change
offence made with offence made with
intent to injure intent to injure
249 Harbouring 212 Harbouring No change
offender offender
250 Taking gift, etc., 213 Taking gift, etc., No change
to screen an to screen an
offender from offender from
punishment punishment
251 Offering gift or 214 Offering gift or No change
restoration of restoration of
property in property in
consideration of consideration of
screening offender screening offender

Addition Deletion Alteration

53
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
252 Taking gift to help 215 Taking gift to help No change
to recover stolen to recover stolen
property, etc. property, etc.
253 Harbouring 216 Harbouring No change
offender who has offender who has
escaped from escaped from
custody or whose custody or whose
apprehension has apprehension has
been ordered been ordered
254 Penalty for 216A Penalty for No change
harbouring harbouring
robbers or dacoits robbers or dacoits
255 Public servant 217 Public servant No change
disobeying disobeying
direction of law direction of law
with intent to with intent to
save person from save person from
punishment or punishment or
property from property from
forfeiture forfeiture
256 Public servant 218 Public servant No change
framing incorrect framing incorrect
record or writing record or writing
with intent to with intent to
save person from save person from
punishment or punishment or
property from property from
forfeiture forfeiture
257 Public servant in 219 Public servant in No change
judicial judicial
proceeding proceeding
corruptly making corruptly making
report, etc., report, etc.,
contrary to law contrary to law
258 Commitment for 220 Commitment for No change
trial or confine- trial or confine-
ment by person ment by person
having authority having authority
who knows that who knows that
he is acting he is acting
contrary to law contrary to law

Addition Deletion Alteration

54
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
259 Intentional 221 Intentional No change
omission to omission to
apprehend on part apprehend on part
of public servant of public servant
bound to bound to
apprehend apprehend
260 Intentional 222 Intentional No change
omission to omission to
apprehend on part apprehend on part
of public servant of public servant
bound to bound to
apprehend person apprehend person
under sentence or under sentence or
lawfully lawfully
committed committed
261 Escape from 223 Escape from No change
confinement or confinement or
custody negli- custody negli-
gently suffered by gently suffered by
public servant public servant
262 Resistance or 224 Resistance or No change
obstruction by a obstruction by a
person to his person to his
lawful lawful
apprehension apprehension
263 Resistance or 225 Resistance or No change
obstruction to obstruction to
lawful lawful
apprehension of apprehension of
another person another person
264 Omission to 225A Omission to No change
apprehend, or apprehend, or
sufferance of sufferance of
escape, on part of escape, on part of
public servant, public servant,
in cases not in cases not
otherwise otherwise
provided for provided for

Addition Deletion Alteration

55
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
265 Resistance or 225B Resistance or No change
obstruction to obstruction to
lawful appre- lawful appre-
hension or escape hension or escape
or rescue in cases or rescue in cases
not otherwise not otherwise
provided for provided for
266 Violation of 227 Violation of No change
condition of condition of
remission of remission of
punishment punishment
267 Intentional insult 288 Intentional insult No change
or interruption to or interruption to
public servant public servant
sitting in judicial sitting in judicial
proceeding proceeding
268 Personation of 229 Personation of a The word ‘juror’ has
assessor juror or assessor been omitted.
269 Failure by person 229A Failure by person No change
released on bail released on bail
bond or bond to bond or bond to
appear in Court appear in Court
270 Public nuisance 268 Public nuisance No change
271 Negligent act 269 Negligent act No change
likely to spread likely to spread
infection of infection of
disease dangerous disease dangerous
to life to life
272 Malignant act 270 Malignant act No change
likely to spread likely to spread
infection of disease infection of disease
dangerous to life dangerous to life
273 Disobedience to 271 Disobedience to No change
quarantine rule quarantine rule
274 Adulteration of 272 Adulteration of Minor change
food or drink food or drink
intended for sale intended for sale

Addition Deletion Alteration

56
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
275 Sale of noxious 273 Sale of noxious No change
food or drink food or drink
276 Adulteration of 274 Adulteration of Minor change
drugs drugs
277 Sale of adulterated 275 Sale of adulterated No change
drugs drugs
278 Sale of drug as a 276 Sale of drug as a No change
different drug or different drug or
preparation preparation
279 Fouling water of 277 Fouling water of No change
public spring or public spring or
reservoir reservoir
280 Making 278 Making No change
atmosphere atmosphere
noxious to health noxious to health
281 Rash driving or 279 Rash driving or No change
riding on a public riding on a public
way way
282 Rash navigation 280 Rash navigation No change
of vessel of vessel
283 Exhibition of false 281 Exhibition of false No change
light, mark or light, mark or
buoy buoy
284 Conveying person 282 Conveying person No change
by water for hire by water for hire
in unsafe or in unsafe or
overloaded vessel overloaded vessel
285 Danger or 283 Danger or No change
obstruction in obstruction in
public way or line public way or line
of navigation of navigation
286 Negligent conduct 284 Negligent conduct No change
with respect to with respect to
poisonous poisonous
substance substance

Addition Deletion Alteration

57
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
287 Negligent conduct 285 Negligent conduct No change
with respect to with respect to
fire or combustible fire or combustible
matter matter
288 Negligent conduct 286 Negligent conduct No change
with respect to with respect to
explosive explosive
substance substance
289 Negligent conduct 287 Negligent conduct No change
with respect to with respect to
machinery machinery
290 Negligent conduct 288 Negligent conduct The provision is now
with respect to with respect to applicable in case of
pulling down, pulling down or negligent conduct in
repairing or repairing constructing
constructing buildings buildings as well.
buildings, etc
291 Negligent conduct 289 Negligent conduct No change
with respect to with respect to
animal animal
292 Punishment for 290 Punishment for No change
public nuisance public nuisance
in cases not in cases not
otherwise otherwise
provided for provided for
293 Continuance of 291 Continuance of No change
nuisance after nuisance after
injunction to injunction to
discontinue discontinue
294 Sale, etc., of 292 Sale, etc., of No change
obscene books, etc obscene books, etc
295 Sale, etc., of 293 Sale, etc., of Young person has been
obscene objects to obscene objects to replaced with child.
child young person
296 Obscene acts and 294 Obscene acts and No change
songs songs
297 Keeping lottery 294A Keeping lottery No change
office office

Addition Deletion Alteration

58
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
298 Injuring or 295 Injuring or No change
defiling place of defiling place of
worship with worship with
intent to insult intent to insult
religion of any religion of any
class class
299 Deliberate and 295A Deliberate and No change
malicious acts, malicious acts,
intended to intended to
outrage religious outrage religious
feelings of any feelings of any
class by insulting class by insulting
its religion or its religion or
religious beliefs religious beliefs
300 Disturbing 296 Disturbing No change
religious assembly religious assembly
301 Trespassing on 297 Trespassing on No change
burial places, etc burial places, etc
302 Uttering words, 298 Uttering words, No change
etc., with etc., with
deliberate intent deliberate intent
to wound to wound
religious feelings religious feelings
of any person of any person
303(1) Theft 378 Theft Two provisions have
been clubbed.
303(2) 379 Punishment for
Theft
304 Snatching ___ ___ New Provision

Theft committed
suddenly/ quickly or
forcibly seizing/
grabbing immovable
property from victim.
305 Theft in a dwelling 380 Theft in a dwelling The scope of the offence
house, or means house, etc. has been widened to
of transportation include theft in means
or place of of transportation and
worship, etc. place of worship.

Addition Deletion Alteration

59
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
306 Theft by clerk or 381 Theft by clerk or No change
servant of servant of
property in property in
possession of possession of
master master
307 Theft after 382 Theft after No change
preparation made preparation made
for causing death, for causing death,
hurt or restraint hurt or restraint
in order to com- in order to com-
mitting of theft mitting of theft
308 Extortion 383-389 Extortion, All the forms of extor-
Punishment, and tion have been clubbed
Aggravated forms under one section under
various sub-sections.
309(1)/ Robbery 390 Robbery Provisions clubbed
(2)/(3) together.
309(4) 392 Punishment for
Robbery
309(5) 393 Attempt to
Robbery
309(6) 394 Voluntarily
causing hurt in
committing
robbery
310(1) Dacoity 391 Dacoity Provisions clubbed
together.
310(2) 395 Punishment for
Dacoity
310(3) 396 Dacoity with
murder
310(4) 399 Making
preparation to
commit dacoity
310(5) 402 Assembling for
purpose of
committing
dacoity
310(6) 400 Punishment for
belonging to gang
of dacoits

Addition Deletion Alteration

60
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
311 Robbery, or 397 Robbery, or No change
dacoity, with dacoity, with
attempt to cause attempt to cause
death or grievous death or grievous
hurt hurt

312 Attempt to 398 Attempt to No change

commit robbery commit robbery
or dacoity when or dacoity when
armed with armed with
deadly weapon deadly weapon

313 Punishment for 401 Punishment for The word ‘thieves’

belonging to belonging to altered to ‘robbers’.
gang of robbers, gang of thieves
etc.

314 Dishonest 403 Dishonest Minor change

misappropriation misappropriation
of property of property

315 Dishonest 404 Dishonest No change

misappropriation misappropriation
of property of property
possessed by possessed by
deceased person deceased person
at the time of at the time of his
his death death

316 Criminal Breach 405-409 Criminal Breach Provisions combined

of trust of Trust, under one section.
Punishment, and
Aggravated forms.

317 Stolen Property 410-414 Stolen Property Proceeds of cheating

and various included under Stolen
related provisions Property.

318 Cheating 415, 417, Cheating, Minor change

418, 420 Punishment and
related provisions

Addition Deletion Alteration

61
 Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
319 Cheating by 416, Cheating by No change
personation 419 personation, and
punishment
320-323 Of fraudulent 421-424 Of fraudulent Minor change
deeds and deeds and
dispositions of dispositions of
property property
324(1) Mischief 425 Mischief Minor change in
324(1) and (2) with
324(2) 426 Punishment for regard to value of
mischief property damaged.
324(3) ____ _______ New Sub-section
relating to loss or
damage of property
324(4)/(5) 427 Mischief causing belonging to
damage to the Government/ Local
amount of fifty Authority.
rupees
Mischief
324(6) 440 committed after
preparation made
for causing
death or hurt
325 Mischief by 428 Mischief by Value of animal not
killing or killing or relevant.
maiming animal maiming animal
of the value of
ten rupees
429 Mischief by
killing or
maiming cattle,
etc., of any value
or any animal of
the value of fifty
rupees
326, Mischief by 430- Mischief by Value of property not
327, various means 439 various means relevant.
328 and Punishments and Punishments

Addition Deletion Alteration

62
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
329 Criminal 441-442, Criminal Provisions clubbed
Trespass and 447-448 Trespass, House under one section.
House Trespass Trespass and
and Punishments Punishments of
each
330(1) House Trespass 443 Lurking house Provisions clubbed
and House trespass under one section.
breaking
330(2) 445 House Breaking
____ ____ 444 Lurking house Deleted
trespass by night
446 House-breaking
by night
331 Punishment for 453, 456, Punishments for No change
house-trespass 454, 457, different types of
or house 455, 458, house trespass
breaking 459 and house
breaking, and
aggravated forms
332 House trespass in 449 House-trespass in Provisions have been
order to commit order to commit clubbed.
offence 450 offence
451 punishable with
death,
imprisonment for
life or
imprisonment
333 House-trespass 452 House-trespass No change
alter preparation alter preparation
for hurt, assault for hurt, assault
or wrongful or wrongful
restraint restraint
334 Dishonestly 461 Dishonestly Provisions have been
breaking open breaking open clubbed.
receptacle receptacle
containing containing
property property

Addition Deletion Alteration

63
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
462 Punishment for
same offence
when committed
by person
entrusted with
custody
335 Making false 464 Making false No change
document document
336(1) Forgery 463 Forgery No change
336(2) 465 Punishment for
forgery
336(3) 468 Forgery for Pur-
pose of cheating
336(4) 469 Forgery for pur-
pose of harming
reputation
337- Various forms of 466-467, Various forms of Two new sub-sections
341 forgery, 474, forgery,
aggravated 470-473 aggravated
forms forms
341 ______ ________
(3)/(4)
342 Counterfeiting 475-476 Counterfeiting Provisions have been
device or mark device or mark clubbed.
used for used for authen-
authenticating ticating docu-
documents ments described
described in in section 467
section 338, or and those not
possessing described in
counterfeit section 467, or
marked material possessing
counterfeit
marked material
343 Fraudulent 477 Fraudulent No change
cancellation, cancellation,
destruction, etc., destruction, etc.,
of will, authority of will, authority
to adopt, or to adopt, or
valuable security valuable security
344 Falsification of 477A Falsification of No change
accounts accounts

Addition Deletion Alteration

64
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
345 Property mark 479 Property mark Provisions have been
clubbed.
481 Using a false
property mark
482 Punishment for
using a false
property mark
346 Tampering with 489 Tampering with No change
property mark property mark
with intent to with intent to
cause injury cause injury
347 Counterfeiting a 483 Counterfeiting a No change
property mark property mark
used by another
484 Counterfeiting a
mark used by a
public servant
348 Making or 485 Making or No change
possession of any possession of any
instrument for instrument for
counterfeiting a counterfeiting a
property mark property mark
349 Selling goods 486 Selling goods No change
marked with a marked with a
counterfeit counterfeit
property mark property mark
350 Making a false 487 Making a false No change
mark upon any mark upon any
receptacle receptacle
containing goods containing goods
488 Punishment for
making use of
any such false
mark
351(1) Criminal 503 Criminal No change
Intimidation Intimidation
351(2)/(3) 506 Punishment for
Criminal
Intimidation
351(4) 507 Criminal
Intimidation by
anonymous
communication

Addition Deletion Alteration

65
Bharatiya Nyaya Sanhita, The Indian Penal Code,
2023 1860 Comment
Section Heading Section Heading
352 Intentional insult 504 Intentional insult No change
with intent to with intent to
provoke breach provoke breach
of peace of peace
353 Statements 505 Statements No change
conducing to conducing to
public mischief public mischief
354 Act caused by 508 Act caused by No change
inducing person inducing person
to believe that he to believe that he
will be rendered will be rendered
an object of an object of
Divine displeasure Divine displeasure
355 Misconduct in 510 Misconduct in Minor change
public by a public by a
drunken person drunken person
356(1) Defamation 499 Defamation Provisions have been
clubbed under one
section.
356(2) 500 Punishment for
defamation
356(3) 501 Printing or
engraving matter
known to be
defamatory
356(4) 502 Sale of printed or
engraved subs-
tance containing
defamatory
matter
357 Breach of 491 Breach of No change
contract to contract to
attend on and attend on and
supply wants of supply wants of
helpless person helpless person
358 Repeal and ___ ___ IPC repealed but
savings pending proceedings
shall continue under
the repealed law.

Addition Deletion Alteration

66
 PART II
BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023

67
68
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
 Highlights in the Statement of Objects and Reasons are :—
● Ensuring speedy justice in conformity with constitutional and
democratic aspirations.
● Use of technology and forensic science in the investigation of crime.
● Using electronic communication for furnishing and lodging of
information, service of summons, etc.
● Specification of timelines for investigation, trial and
pronouncement of judgments.
● Supplying of copy of FIR to victim and to provide information
about the progress of investigation by digital means also.
● Opportunity of being heard shall be given to victims before
withdrawal of the case by the Government in cases where
punishment is 7 years or more.
● Mandatory summary trial in case of petty offences.
● Provision of examining the accused through audio video electronic
means like video conferencing.
● Hierarchy of criminal courts has also been streamlined.
 Salient Changes in the Bharatiya Nagarik Suraksha Sanhita,
2023 vis-a-vis the Code of Criminal Procedure, 1973 :—
Definition
● The following words (not defined in CrPC) have been defined in
BNSS :
 Audio-video-electronic means – section 2(1)(a)
 Bail – section 2(1)(b)
 Bail bond – section 2(1)(c)
 Bond – section 2(1)(e)
 Electronic communication – section 2(1)(i)

Constitution of Criminal Courts and Offices

● The posts of Metropolitan Magistrate and Assistant Sessions Judge
have been deleted from the class of Courts.
● Under section 15 BNSS, the State Government is authorized to
appoint any police officer not below the rank of Superintendent
of Police or equivalent as a Special Executive Magistrate in
addition to an Executive Magistrate.

69
 Power of Courts
● Section 23 BNSS enhanced the power of Magistrate of 1st class to
impose fine from ` 10,000 to ` 50,000 and the Magistrate of 2nd
class from ` 5,000 to ` 10,000. These two classes of Magistrates have
also been empowered to award community service as a form of
punishment. Community service has been defined as 'Court
ordered work that benefits the community, and which is not
entitled to any remuneration [Explanation to section 23].
● Section 25 BNSS states in case of concurrent running of sentences
in a trial, the maximum period of imprisonment shall not exceed
20 years (instead of 14 years in section 31 CrPC).
Prosecution authorities
● Directorate of Prosecution in the State shall comprise of a Director
of Prosecution assisted by Deputy Directors of Prosecution.
● In addition, thereto, Directorate of Prosecution shall be set up in
each district. The Directorate shall be headed by Deputy Director
of Prosecution and assisted by Assistant Directors of Prosecution.
● The powers and functions of these authorities are :—
 Director of Prosecution shall be responsible for giving opinions
on filing appeals and monitoring cases involving offences
punishable with 10 years or more/life imprisonment/death.
 The Deputy Director of prosecution shall examine police report
and monitor the cases involving offences punishable for 7 to
10 years.
 The Assistant Director of Prosecution shall monitor cases
involving offences punishable for less than 7 years.
Arrest and Remand
● Section 35(7) BNSS safeguards 'aged (above 60 years) or infirm'
persons against arrest for offences punishable for less than 3 years.
In such cases, no arrest shall be made without prior permission of
DSP.
● Section 37 BNSS provides for a District Police Control Room
manned by ASI with a electronic display board displaying relevant
information (e.g., name. address, nature of offence etc.) of the
arrestee.
● Section 43(3) BNSS allows handcuffing in heinous crimes and
for repeat/habitual offenders.

70
 ● Section 40 BNSS mandates the arrestee to be produced before
the police within 6 hours if the arrest is made by a private person.
● Section 190 BNSS mandates that if the accused is not arrested,
the police officer shall take security from such person for his
appearance before the Judicial Magistrate. The provision is in
accordance with the directions of Supreme Court in Siddharth v.
State of Uttar Pradesh and another7 reiterated in Satender Kumar
Antil v. Central Bureau of Investigation and another8.
● Section 187(2) BNSS states that police custody may be sought
for a maximum period of 15 days but in a staggered manner, if
necessary, within 40/60 days of detention as the case may be.
● Section 187(3)(i) prescribes maximum period of detention of 90
days for offences punishable with death or imprisonment with
life, inter alia, for a term of 10 years or more instead of
imprisonment for a term not less than 10 years.
● Section 51(3) BNSS mandates the registered medical practitioner
shall, without any delay, forward the examination report to the
investigating officer.
Process to compel appearance
● Various technology-oriented changes that have been introduced
pertaining to summons :–
 As per section 63 BNSS, summons bearing court seals/
digital signature may be issued through electronic
communication.
 Section 64 BNSS mandates maintaining of register at police
station with information of persons (address, phone number
and email) to be summoned.
 As per section 66 BNSS, summons may be served upon any
‘adult member of the family’ irrespective of gender.
 As per section 70 BNSS, service of summons through
electronic means shall be considered as good service.
Reciprocal Arrangements for Assistance in certain matters and
procedure for Attachment and Forfeiture of Property
● BNSS confers power upon Magistrate (akin to PMLA Act) to
attach property identified as ‘proceeds of crime’ [section 111(c)
BNSS] and also dispose of such property even ex-parte.

7
(2022) 1 SCC 676
8
(2022) 10 SCC 51

71
 Maintenance/Security Proceedings

● Section 145 BNSS empowers parents to file cases where they

reside.
● Section 144A CrPC concerning security proceedings has been
deleted.
First Information Report (FIR)
● Section 173(1) BNSS provides for filing of Zero FIR in light of
the observations in Satvinder Kaur vs. State (Govt. of NCT of Delhi
and another)9. This provision permits lodging of information
through electronic communication (e-FIR) provided the informant
signs the records within 3 days.
● Section 173(2) BNSS introduces the right of the victim to get
free of cost, a copy of FIR.
● Section 173(4) BNSS provides for making an application to the
Magistrate in the event FIR is not registered even after intervention
of the Superintendent of Police.
Investigation
● Scope of section 91 CrPC has been enlarged. In addition to
production of any document, section 94 BNSS empowers a
Court/officer-in-charge of a police station to direct a party to
produce electronic communication including communication
devices likely to contain digital evidence.
● Following the judgment in Lalita Kumari v. Government of Uttar
Pradesh and others. 10 , section 173(3) BNSS gives statutory
recognition to ‘preliminary enquiry’ in cases punishable with
3 years or more but less than 7 years. Timeline to complete
such preliminary enquiry is fixed as 14 days and shall be conducted
only with the prior permission of the officer not below the rank
of DSP. Registration of FIR with regard to such offences shall also
be with permission of DSP.
● Section 105 BNSS mandates videography of search and seizure
including preparation of seizure list signed by witnesses. The
provision gives statutory recognition to the directions of the

9
(1999) 8 SCC 728
10
(2014) 2 SCC 1

72
 Supreme Court in Shafhi Mohammad v. State of Himachal
Pradesh11, reiterated in Paramvir Singh Saini v. Baljit Singh and
others.12.
● Section 175(3) BNSS provides in case of cognizable offence the
Magistrate may direct investigation on an application accompanied
by an affidavit (as per direction in Priyanka Srivastava and another
v. State of Uttar Pradesh and others13) and upon consideration of
report submitted by police.
● Section 174 BNSS provides in case of non-cognizable offence the
police officer apart from referring the complainant to the
Magistrate shall also forward the daily diary report of such
cases to him.
● In serious cases, section 175(1) BNSS empowers the SP, after
considering the nature and gravity of the offence, to depute an
officer at the rank of DSP to conduct the investigation.
● Section 176(3) BNSS mandates that in cases involving offences
punishable for 7 years or more forensic experts shall visit the crime
scene to collect forensic evidence, i.e., trace evidence.
● Section 183(6)(a) BNSS states that the statement recorded by
magistrate of a witness in offences punishable with 10 years or
life or death may be treated as his examination in chief if witness
is temporarily/ permanently mentally/ physically disabled.
● As per section 184 BNSS, medical examination report shall be
forwarded to investigating officer within 7 days.
● Section 193(3)(ii) BNSS mandates police officer to supply report
to victim/informant within 90 days regarding progress of
investigation by any means including through electronic means.
● Section 193(3)(i)(i) provides that the sequence of custody in case
of electronic device has to be provided to Magistrate in the report.
● Proviso to section 193(9) BNSS states during trial, further
investigation may be undertaken only with permission of court.
Such further investigation is to be completed within 90 days or
within such period as may be extended by the court.
● Proviso to section 193(8) BNSS allows supply of police report and
accompanying documents to accused via electronic communication.
● Section 349 BNSS provides that voice samples can be demanded
from accused without necessitating his arrest.
11
(2018) 5 SCC 311
12
(2021) 1 SCC 184
13
(2015) 6 SCC 287

73
 Jurisdiction of the Criminal Courts in Inquiry and Trial
● As per section 202 BNSS, in case of any offence including cheating
by means of electronic communication, place of trial shall be the
place where the communication is sent/received.
● Section 208 BNSS provides if offence is committed outside India,
the place of trial shall be where the accused is found or where the
offence is registered in India.
Complaints to Magistrates
● Section 193(8) BNSS provides for supply of documents to accused
through electronic means. As per section 230 BNSS, such supply
shall be made within 14 days from date of production/appearance
of the accused.
● Section 232 BNSS mandates commitment to be made within 90
days from the date on which Magistrate takes cognizance.
● Section 223 BNSS states that at the time of taking cognizance
opportunity of hearing is to be granted to accused.
Conditions requisite for initiation of proceedings
● Section 175(4) BNSS provides no cognizance shall be taken
against a public servant where offence is committed in discharge
of his official duty until Magistrate receives views of the public
servant accused of the crime and a report from his superior.
● As per section 218 BNSS, if prior sanction of Government is
necessary for prosecution of Judges and Public servants, the
appropriate Government shall take a decision within a period of
120 days from date of receipt of request for sanction and in case it
fails to do so, sanction shall be deemed to have been accorded by
such Government.
Trial of Cases

● Sessions Cases
 Timeline to file discharge petition (section 250 BNSS) shall
be 60 days from date of commitment.
 Timeline for framing of charge (sections 251 BNSS) shall be
60 days from date of first hearing. Charge shall be read over
to accused through physical or audio-video means. [section
251(2) BNSS].
 Examination of witness may be through audio-video means
(section 254 BNSS).

74
 ● Warrant Case
 Timeline for filing discharge petition (section 262 BNSS) shall
be 60 days from the date of supply of police report and other
documents.
 Timeline for Framing of charge (section 263 BNSS) shall be
60 days from date of first hearing.
 Both prosecution and defence may examine through audio-
video electronic means their witnesses at a designated place
notified by State Government (sections 265 and 266 BNSS).
 As per section 269(7) BNSS, in warrant cases instituted
otherwise than police report, if attendance of witnesses cannot
be procured for cross examination, it shall be deemed such
witness has not been examined and prosecution case shall be
proceeded on the basis of materials on record.
 As per section 272 BNSS, Magistrate shall give 30 days' time to
the complainant to be present before discharging the accused.
● Summons Case
 As per section 274 BNSS, Magistrate is empowered to
discharge the accused in a summons case if accusation
appears groundless.
 Examination of witness may be through audio-video means
(section 277 BNSS).
● Summary Trial
 Section 283 BNSS mandates summary trial for petty and
less serious offences enumerated therein.
● General Provisions
 As per section 346 BNSS, not more than two adjournments
shall be granted to a party when circumstances are beyond
his control and upon consideration of objection of the other
party. In this section, the word 'Magistrate' used in
corresponding section 309 CrPC is replaced by the word
'Court'. It means even a Sessions Court cannot remand the
accused to custody for a term exceeding 15 days at a time.
 Section 84 BNSS provides absconding accused charged with
an offence punishable with 10 years or more shall be declared
as a proclaimed offender.
 Section 356(1) BNSS provides trial may proceed against a
proclaimed offender in absentia and judgment may be
pronounced. This provision has been incorporated in view of
directions in Hussain and another vs Union of India14.
14
(2017) 5 SCC 702

75
 Plea Bargaining

● Section 290 BNSS provides that application for plea bargaining

may be filed by accused within 30 days of framing of charge and
within 60 days a mutually satisfactory disposition is to be
worked out between the public prosecutor/complainant and the
accused.
● As per section 293 BNSS, the court may impose a sentence equal
to one-fourth of the minimum sentence prescribed in law for
first time offender with no criminal antecedent. This latitude
was not available to the court under section 265E CrPC.

Evidence in Inquiries and Trials

● Section 308 BNSS permits accused to be examined through

audio-video means. In such cases, his signature is to be obtained
within 72 hours (section 316 BNSS).
● Section 330 BNSS prescribes a 30-day timeline to challenge
genuineness of any document which may be relaxed at the
discretion of the court.
Reports of certain Government scientific experts
● Section 329(g) BNSS empowers the Government to notify 'any
other scientific expert' as 'Government scientific expert' enabling
private persons to be notified as Government scientific expert.

Bail Provisions

● Delay in Trial
 Section 479 BNSS provides bail may be granted for first-
time offender who has undergone detention for one-third of
maximum period of imprisonment prescribed in law. In other
cases, detention undergone should be half of the maximum
period.
 Superintendent of Jail has been made responsible for making
an application to Court in writing for release of person on bail
in case one-half or one-third (as the case may be) period of
imprisonment has been completed.
● Bail shall not be denied in certain cases
 Proviso to section 480 BNSS lays down in case of non-
bailable offences, bail shall not be denied to an accused on
the ground that he may be required to be identified by

76
 witnesses during investigation or his police custody will be
required beyond 15 days, provided he is otherwise entitled to
bail and gives an undertaking that he shall comply with such
directions as may be given by the court.
Withdrawal of Prosecution
● As per section 360 BNSS, no prosecution shall be withdrawn
without giving opportunity of hearing to victim.
Witness Protection
● As per section 398 BNSS, State Government shall notify a witness
protection scheme. The provision translates directions in Mahender
Chawla and others v. Union of India and others15 as statutory
mandate.
Delivery of Judgment
● Summons Case
 Section 258 BNSS provides judgment in a summons case
shall be delivered within 30 days extendable up to 45 days
(for reasons to be recorded in writing) from the date of
conclusion of argument.
● Other Criminal Trials
 Section 392(1) BNSS states that judgment in every criminal
trial to be pronounced not later than 45 days after the
termination of trial.
 As per Proviso to section 392(4) BNSS, judgment shall be
uploaded within 7 days.
 As per section 392(5), accused may be produced before court
through audio-video means to hear the judgment.
Mercy petition
● Section 472 BNSS prescribes time frame of 30 days for filing of
mercy petition before the Governor and 60 days before the
President.
Miscellaneous Provision
● As per section 530 BNSS, trial and proceedings may be held in
electronic mode.
15
(2019) 14 SCC 615

77
 NEW TIMELINES AT A GLANCE
Sl No. Section Description Timeline
1. 19(3) Appointment to the post of After giving 14 days’
Assistant Public Prosecutor by notice to the State
the District Magistrate Government
2. 40 Production of arrestee before Within 6 hours
police in case of arrest by a
private person
3. 107(2) Show cause notice period for a 14 days
person to appear before any
Magistrate/Court before
attachment of property alleged
to be 'proceeds of crime'
4. 107(7) Distribution of 'proceeds of crime' Within 60 days
from attached/seized property
by District Magistrate be made
5. 173(1)(ii) Lodging of e-FIR It is to be signed by
the informant within
3 days
6. 173(3) Completion of 'Preliminary Within 14 days
enquiry'
7. 174(1)(ii) Police to forward daily diary Once in 14 days
reports to Magistrate
8. 184(6) Forwarding of medical report to Within 7 days
the investigating officer
9. 185(5) In case of search by police officer Not later than
copies of record to be sent to the 48 hours
nearest Magistrate
10. 193(3)(ii) Supply of report to victim/ Within 90 days
informant relating to progress
of investigation
11. 193(9) Completion of further Within 90 days or as
investigation extended by court
12. 194(2) Forwarding of Inquest report Within 24 hours
to the District Magistrate or
sub-divisional Magistrate
13. 218(1) Granting of sanction in prosecution Within 120 days
of judges and public servants
14. 230 Supply of documents to accused Within 14 days from
the date of production

78
Sl No. Section Description Timeline
15. 232 Commitment to be made Within 90 days from
the date on which
Magistrate takes
cognizance
16. 250(1) Time to file discharge petition in Within 60 days from
sessions case date of commitment
17. 251 Timeline for framing of charge in Within 60 days from
sessions case the date of first
hearing
18. 258(1) Delivery of judgment in a Within 30 days
summons case extendable to 45 days
from conclusion of
argument
19. 262 Timeline for discharge petition Within 60 days from
in warrant case date of supply of
police report
20. 263(1) Timeline for framing of charge Within 60 days from
warrant case the date of first
hearing
21. 272 Time given to complainant to be Within 30 days
present before discharging the
accused
22. 279 In case of non-appearance or Within 30 days
death of complainant time given
by Magistrate to him for being
present before acquitting the
accused
23. 290(1) Application for plea bargaining Within 30 days from
to be filed by accused framing of charge and
within 60 days a
mutually satisfactory
disposition is to be
worked out
24. 316 Time within which signature of Within 72 hours
an accused who is examined
through electronic communication
is to be obtained
25. 330(1) Timeline to challenge genuineness Within 30 days until
of any document court relaxes the time

79
Sl No. Section Description Timeline
26. 356(1) Commencement of in absentia After 90 days have
trial lapsed from framing
of charge
27. 356(2)(i) Execution of two consecutive 30 days
arrest warrants

28. 356(2)(ii) Publication of notice in a Within 30 days

newspaper to proclaimed
offender to appear before court

29. 392(1) Delivery of judgment in criminal Within 45 days after

trial termination of trial

30. 392(4) Uploading the judgment Within 7 days

31. 472(1) & (2) Filing of mercy petition before Within 30 and 60
Governor and President days respectively

32. 472(6) Central Government to Within 48 hours of

communicate the President's receipt of order from
order on mercy petition to the President
Home Department of State and
Superintendent of Jail

33. 497(2) The court or the Magistrate shall Within 14 days from
prepare a statement of the production of
property property

34. 514(2) Bar to take cognizance after lapse  6 months-offences

of limitation period for certain punishable with
offences fine
 1 year for offences
punishable with
1 year of impri-
sonment
 3 years for
offences
punishable for
more than 1 but
less than 3 years.

80
COMPARATIVE CHART OF BNSS VIS-À-VIS CrPC WITH COMMENTS

The Bharatiya Nagarik Code of Criminal

Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
1 Short title, extent 1 Short title, extent No change
and and
commencement commencement
2 Definition 2 Definition Following definitions
have been included: -
 Audio – video
electronic means –
S. 2(1)(a)
 Bail – S. 2(1)(b)
 Bail bond – S. 2(1)(c)
 Bond – S. 2(1)(e)
 Electronic
communication –
S. 2(1)(i)
Explanation added :
Provisions of a Special
Act regarding investi-
gation inconsistent
with BNSS shall prevail
over BNSS.
3 Construction of 3 Construction of No change
references references
4 Trial of offences 4 Trial of offences No change
under Bhartiya under the Indian
Nyaya Sanhita, Penal Code and
2023 and other other laws
laws
5 Saving 5 Saving No change
6 Classes of 6 Classes of Metropolitan Magis-
Criminal Courts Criminal Courts trate/Metropolitan
Area abolished.
7 Territorial 7 Territorial No change
divisions divisions
8 Court of Session 9 Court of Session Assistant Sessions
Judge abolished.

Addition Deletion Alteration

81
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
9 Courts of Judicial 11 Courts of Judicial No change
Magistrates Magistrates
10 Chief Judicial 12 Chief Judicial No change
Magistrate and Magistrate and
Additional Chief Additional
Judicial Chief Judicial
Magistrate, etc Magistrate, etc
11 Special Judicial 13 Special Judicial No change
Magistrates Magistrates
12 Local jurisdiction 14 Local Jurisdiction No change
of Judicial of Judicial
Magistrates Magistrates
13 Subordination of 15 Subordination of No change
Judicial Judicial
Magistrates Magistrates
14 Executive 20 Executive No change
Magistrates Magistrates
15 Special Executive 21 Special Executive Any police officer not
Magistrates Magistrates below rank of Superin-
tendent of Police may
be appointed as Special
Executive Magistrate in
addition to an Executive
Magistrate.
16 Local Jurisdiction 22 Local Jurisdiction No change
of Executive of Executive
Magistrates Magistrates
17 Subordination of 23 Subordination of No change
Executive Executive
Magistrates Magistrates
18 Public 24 Public Public Prosecutor/
Prosecutors Prosecutors Additional Public
Prosecutors for NCT
of Delhi shall be
appointed by Central
Government after
consultation with Delhi
High Court.

Addition Deletion Alteration

82
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
19 Assistant Public 25 Assistant Public Where no Assistant
Prosecutors Prosecutors Public Prosecutor is
available, DM may
make appointment
after giving a 14 day
notice to the State
Government.
20 Directorate of 25-A Directorate of  Directorate of
Prosecution Prosecution Prosecution in the
State be supple-
mented by setting
up Directorate of
Prosecution in each
district.
 Powers of Director of
Prosecution, Deputy
Director of Prosecu-
tion and Assistant
Director of Prosecu-
tion delineated.
[section 20(7)/ (8)/(9)]
21 Courts by which 26 Courts by which No change
offences are offences are
triable triable
22 Sentences which 28 Sentences which No change
High Courts and High Courts and
Sessions Judges Sessions Judges
may pass may pass
23 Sentences which 29 Sentences which Power of Magistrate
Magistrates may Magistrates may 1st Class to impose fine
pass pass enhanced from ` 10,000
to ` 50,000 and that of
2nd class increased from
` 5,000 to ` 10,000.
Magistrates empowered
to impose community
service as a form of
sentence.

Addition Deletion Alteration

83
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
24 Sentence of 30 Sentence of No change
imprisonment in imprisonment in
default of fine default of fine
25 Sentence in cases 31 Sentence in cases In concurrent running
of conviction of of conviction of of sentences, maximum
several offences several offences period of imprisonment
at one trial at one trial increased from 14 to 20
years.
26 Mode of 32 Mode of No change
conferring powers conferring powers
27 Powers of officers 33 Powers of officers No change
appointed appointed
28 Withdrawal of 34 Withdrawal of No change
powers powers
29 Powers of Judges 35 Powers of Judges No change
and Magistrates and Magistrates
exercisable by exercisable by
their successors- their successors-
in-office in-office
30 Powers of 36 Powers of No change
superior officers superior officers
of police of police
31 Public when to 37 Public when to No change
assist Magistrates assist Magistrates
and police and police
32 Aid to person, 38 Aid to person, No change
other than police other than police
officer, executing officer, executing
warrant warrant
33 Public to give 39 Public to give No change
information of information of
certain offences certain offences
34 Duty of officers 40 Duty of officers The expression
employed in employed in proclaimed offender
connection with connection with shall extend to persons
the affairs of a the affairs of a accused of an offence
village to make village to make punishable with
certain report certain report imprisonment for
10 years/life/death.

Addition Deletion Alteration

84
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
35 When police may 41 When police may No arrest of aged
arrest without arrest without (above 60 years) or
warrant warrant infirm person accused
of offence punishable
for less than 3 years
without prior
permission of DSP.
36 Procedure of 41-B Procedure of In the event memo of
arrest and duties arrest and duties arrest is not attested
of officer making of officer making by a family member,
arrest arrest information of arrest
may be given to any
other person named
by arrestee. Previously,
it was required to be
given to a relative or
friend only.
37 Designated Police ______ ______ New Provisions
Officer
Provides for a District
Police Control Room
manned by ASI and
electronic display board
displaying relevant
information (name,
address, nature of
offence etc.) of the
arrestee.
38 Right of arrested 41-D Right of arrested No change
person to meet an person to meet an
advocate of his advocate of his
choice during choice during
interrogation interrogation
39 Arrest on refusal 42 Arrest on refusal The person arrested
to give name and to give name and can be released on
residence residence bond or bail bond only.
Previously, it was only
by executing a bond,
with or without sureties.
40 Arrest by 43 Arrest by Mandates arrestee to
private person private person be produced before the
and procedure and procedure police within 6 hours
on such arrest on such arrest of arrest.

Addition Deletion Alteration

85
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
41 Arrest by 44 Arrest by No change
Magistrate Magistrate
42 Protection of 45 Protection of No change
members of the members of the
Armed Forces Armed Forces
from arrest from arrest
43 Arrest how made 46 Arrest how made Handcuffing in
heinous crimes and
for repeat/habitual
offenders.
44 Search of place 47 Search of place No change
entered by person entered by person
sought to be sought to be
arrested arrested
45 Pursuit of 48 Pursuit of No change
offenders into offenders into
other jurisdictions other jurisdictions
46 No unnecessary 49 No unnecessary No change
restraint restraint
47 Person arrested 50 Person arrested No change
to be informed of to be informed of
grounds of arrest grounds of arrest
and of right to bail and of right to bail
48 Obligation of 50-A Obligation of Information of arrest
person making person making to be given to desig-
arrest to inform arrest to inform nated police officer in
about the arrest, about the arrest, the district also.
etc., to relative or etc., to a nomi-
friend nated person
49 Search of 51 Search of No change
arrested person arrested person
50 Power to seize 52 Power to seize Seizure to be made
offensive weapons offensive weapons immediately after
arrest.
51 Examination of 53 Examination of Medical report to be
accused by accused by sent without delay to
medical practi- medical practi- investigating officer.
tioner at request tioner at the
of police officer request of police
officer

Addition Deletion Alteration

86
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
52 Examination of 53-A Examination of No change
person accused person accused
of rape by medical of rape by medical
practitioner practitioner
53 Examination of 54 Examination of More than one medical
person accused arrested person examination, if nece-
of rape by medical by medical ssary, is prescribed.
practitioner officer
54 Identification of 54-A Identification of Identification to be
person arrested person arrested recorded by any audio-
video means.
55 Procedure when 55 Procedure when No change
police officer police officer
deputes subor- deputes subor-
dinate to arrest dinate to arrest
without warrant without warrant
56 Health and safety 55-A Health and safety No change
of arrested person of arrested person
57 Person arrested 56 Person arrested No change
to be taken before to be taken before
Magistrate or Magistrate or
officer-in-charge officer-in-charge
of police station of police station
58 Person arrested 57 Person arrested Accused to be
not to be detained not to be detained produced before
more than twenty- more than twenty- nearest Magistrate (as
four hours four hours per section 187 BNSS)
whether having juris-
diction to try the case
or not.
59 Police to report 58 Police to report No change
apprehensions apprehension
60 Discharge of 59 Discharge of No change
person appre- person appre-
hended hended
61 Power, on escape, 60 Power, on escape, No change
to pursue and to pursue and
retake retake

Addition Deletion Alteration

87
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
62 Arrest to be made 60-A Arrest to be made No change
strictly according strictly according
to the Sanhita to the Code
63 Form of 61 Form of Summons bearing
summons summons court seals/ digital
signature may be
issued through elec-
tronic communication.
64 Summons how 62 Summons how Mandates maintaining
served served of register at police
station with informa-
tion of persons (address,
phone number and
email) to be summoned.
65 Service of 63 Service of Service of summons
summons on summons on on a firm/ association
corporate bodies, corporate bodies of individuals may be
firms, and and societies effected by serving on
societies any partner.
66 Service when 64 Service when Summons may be
persons persons served upon any 'adult
summoned summoned member of the family'
cannot be found cannot be found irrespective of gender.
67 Procedure when 65 Procedure when No change
service cannot be service cannot be
effected as before effected as before
provided provided
68 Service on 66 Service on No change
Government Government
servant Servant
69 Service of 67 Service of No change
summons outside summons outside
local limits local limits
70 Proof of service 68 Proof of service Service of summons
in such cases and in such cases and through electronic
when serving when serving means shall be
officer not present officer, not present considered as good
service.

Addition Deletion Alteration

88
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
71 Service of 69 Service of Summons may be sent
summons on summons on by electronic means
witness witness by post simultaneously with
other means.
72 Form of warrant 70 Form of warrant No change
of arrest and of arrest and
duration duration
73 Power to direct 71 Power to direct No change
security to be security to be
taken taken
74 Warrants to 72 Warrants to No change
whom directed whom directed
75 Warrant may be 73 Warrant may be No change
directed to any directed to any
person person
76 Warrant directed 74 Warrant directed No change
to police officer to police officer
77 Notification of 75 Notification of No change
substance of substance of
warrant warrant
78 Person arrested 76 Person arrested No change
to be brought to be brought
before Court before Court
without delay without delay
79 Where warrant 77 Where warrant No change
may be executed may be executed
80 Warrant 78 Warrant No change
forwarded for forwarded for
execution outside execution outside
jurisdiction jurisdiction
81 Warrant directed 79 Warrant directed No change
to police officer for to police officer for
execution outside execution outside
jurisdiction jurisdiction
82 Procedure on 80 Procedure of Information of arrest
arrest of person arrest of person and place of holding
against whom against whom to be given to the
warrant issued warrant issued designated police
officer in the district.

Addition Deletion Alteration

89
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
83 Procedure by 81 Procedure by No change
Magistrate before Magistrate before
whom such person whom such person
arrested is brought arrested is brought
84 Proclamation for 82 Proclamation for An absconding person
person absconding person absconding shall be declared as a
proclaimed offender if
the offence is
punishable with
imprisonment for 10
years or more.
Previously, to declare
someone to be a
proclaimed offender, 19
offences were listed.
Now there is no offence
specific approach,
rather a punishment
specific approach.
85 Attachment of 83 Attachment of No change
property of person property of person
absconding absconding
86 Identification New Provision
and attachment _____ _____
of property of Identification,
proclaimed person attachment and
forfeiture of property
belonging to a
proclaimed person.
87 Claims and 84 Claims and No change
objections to objections to
attachment attachment
88 Release, sale and 85 Release, sale and No change
restoration of restoration of
attached property attached property
89 Appeal from 86 Appeal from No change
order rejecting order rejecting
application for application for
restoration of restoration of
attached property attached property

Addition Deletion Alteration

90
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
90 Issue of warrant 87 Issue of warrant No change
in lieu of, or in in lieu of, or in
addition to, addition to,
summons summons
91 Power to take 88 Power to take The person arrested
bond or bail bond bond for can be released on
for appearance appearance bond or bail bond only.
Previously, it was only
by executing a bond,
with or without
sureties.
92 Arrest on breach 89 Arrest on breach The person arrested
of bond or bail of bond for can be released on
bond for appearance bond or bail bond only.
appearance Previously, it was only
by executing a bond,
with or without sureties.
93 Provisions of this 90 Provisions of this No change
Chapter generally Chapter generally
applicable to applicable to
summons and summons and
warrants of arrest warrants of arrest
94 Summons to 91 Summons to In addition to
produce document produce document production of any
or other thing or other thing document, Court/
police officer may
production of elec-
tronic communication
including devices.
95 Procedure as to 92 Procedure as to Reference to telegraph
letters letters and authority omitted.
telegrams
96 When search- 93 When search No change
warrant may be warrant may be
issued issued
97 Search of place 94 Search of place No change
suspected to suspected to
contain stolen contain stolen
property, forged property, forged
documents, etc. documents, etc.

Addition Deletion Alteration

91
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
98 Power to 95 Power to No change
declare certain declare certain
publications publications
forfeited and to forfeited and to
issue search- issue search-
warrants for the warrants for the
same same
99 Application to 96 Application to No change
High Court to set High Court to set
aside declaration aside declaration
of forfeiture of forfeiture
100 Search for 97 Search for No change
persons persons
wrongfully wrongfully
confined confined
101 Power to compel 98 Power to compel No change
restoration of restoration of
abducted females abducted females
102 Direction, etc., 99 Direction, etc., No change
of search- of search-
warrants warrants
103 Persons in charge 100 Persons in charge No change
of closed place to of closed place to
allow search allow search
104 Disposal of 101 Disposal of No change
things found in things found in
search beyond search beyond
jurisdiction jurisdiction
105 Recording of ____ ____ New Provision
search and
seizure through Videography of search
audio-video and seizure mandatory.
electronic means
106 Power of police 102 Power of police No change
officer to seize officer to seize
certain property certain property.
107 Attachment, ____ ___ New Provision
forfeiture or
restoration of
property
108 Magistrate may 103 Magistrate may No change
direct search in direct search in
his presence his presence

Addition Deletion Alteration

92
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
109 Power to impound 104 Power to impound No change
document, etc., document etc.,
produced produced
110 Reciprocal 105 Reciprocal No change
arrangements arrangements
regarding regarding
processes processes
111 Definitions 105-A Definitions Magistrate empowered
to attach and dispose
of proceeds of crime.
112 Letter of request 166-A Letter of request No change
to competent to competent
authority for authority for
investigation in a investigation in a
country or place country or place
outside India outside India
113 Letter of request 166-B Letter of request No change
from a country from a country
or place outside or place outside
India to a Court India to a Court
or an authority or an authority
for investigation for investigation
in India in India
114 Assistance in 105-B Assistance in No change
securing transfer securing transfer
of persons of persons
115 Assistance in 105-C Assistance in No change
relation to orders relation to orders
of attachment or of attachment or
forfeiture of forfeiture of
property property
116 Identifying 105-D Identifying No change
unlawfully unlawfully
acquired property acquired property
117 Seizure or 105-E Seizure or No change
attachment of attachment of
property property
118 Management of 105-F Management of No change
properties seized properties seized
or forfeited under or forfeited under
this Chapter this Chapter

Addition Deletion Alteration

93
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
119 Notice of 105-G Notice of No change
forfeiture of forfeiture of
property property
120 Forfeiture of 105-H Forfeiture of No change
property in property in
certain cases certain cases
121 Fine in lieu of 105-I Fine in lieu of No change
forfeiture forfeiture
122 Certain transfers 105-J Certain transfers No change
to be null and to be null and
void void
123 Procedure in 105-K Procedure in No change
respect of letter respect of letter
of request of request
124 Application of 105-L Application of No change
this Chapter this Chapter
125 Security for 106 Security for No change
keeping the peace keeping the peace
on conviction on conviction
126 Security for 107 Security for No change
keeping the peace keeping the peace
in other cases in other cases
127 Security for 108 Security for No change
good behaviour good behaviour
from persons from persons
disseminating disseminating
certain matters seditious matters
128 Security for good 109 Security for good No change
behaviour from behaviour from
suspected persons suspected persons
129 Security for good 110 Security for good Reference to repealed
behaviour from behaviour from Acts omitted.
habitual offenders habitual offenders
130 Order to be made 111 Order to be made The expression
'character and class'
is replaced by
'sufficiency and fitness'
of sureties.
131 Procedure in 112 Procedure in No change
respect of person respect of person
present in Court present in Court

Addition Deletion Alteration

94
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
132 Summons or 113 Summons or No change
warrant in case warrant in case
of person not so of person not so
present present
133 Copy of order to 114 Copy of order to No change
accompany accompany
summons or summons or
warrant warrant
134 Power to dispense 115 Power to dispense No change
with personal with personal
attendance attendance
135 Inquiry as to truth 116 Inquiry as to truth No change
of information of information
136 Order to give 117 Order to give No change
security security
137 Discharge of 118 Discharge of No change
person informed person informed
against against
138 Commencement 119 Commencement No change
of period for of period for
which security is which security is
required required
139 Contents of bond 120 Contents of bond No change
140 Power to reject 121 Power to reject No change
sureties sureties
141 Imprisonment in 122 Imprisonment in No change
default of security default of security
142 Power to 123 Power to No change
release persons release persons
imprisoned for imprisoned for
failing to give failing to give
security security
143 Security for 124 Security for No change
unexpired period unexpired period
of bond of bond
144 Order for 125 Order for No change
maintenance of maintenance of
wives, children wives, children
and parents and parents
145 Procedure 126 Procedure Parents can file cases
where they reside.
146 Alteration in 127 Alteration in No change
allowance allowance

Addition Deletion Alteration

95
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
147 Enforcement of 128 Enforcement of No change
order of order of
maintenance maintenance

148 Dispersal of 129 Dispersal of Any male person

assembly by use ` assembly by use replaced by any
of civil force of civil force person.

149 Use of armed 130 Use of armed Power to be exercised

forces to disperse forces to disperse by District Magistrate
assembly assembly or his delegatee
Executive Magistrate
and not by Executive
Magistrate acting in
independent capacity.

150 Power of certain 131 Power of certain No change

armed force armed force
officers to officers to disperse
disperse assembly assembly

151 Protection against 132 Protection against No change

prosecution for Prosecution for
acts done under acts done under
sections 148, 149 preceding
and 150 sections.

152 Conditional order 133 Conditional order Minor change

for removal of for removal of
nuisance nuisance

153 Service or 134 Service or No change

notification of notification of
order order

154 Person to whom 135 Person to whom Show-cause may be

order is addressed order is addressed submitted through
to obey or show to obey or show audio-video means.
cause cause

Addition Deletion Alteration

96
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
155 Penalty for failure 136 Consequences of No change
to comply with his failing to do
154 so
156 Procedure where 137 Procedure where No change
existence of public existence of public
right is denied right is denied
157 Procedure where 138 Procedure where Inquiry to be
person against he appears completed within 90
whom order is to show cause days which may be
made under 152 extended to a
appears to maximum of 120 days.
show cause
158 Power of 139 Power of No change
Magistrate to Magistrate to
direct local direct local
investigation and investigation and
examination of examination of
an expert an expert
159 Power of 140 Power of No change
Magistrate to Magistrate to
furnish written furnish written
instructions, etc instructions, etc
160 Procedure on 141 Procedure on No change
order being made order being made
absolute and absolute and
consequences of consequences of
disobedience disobedience
161 Injunction 142 Injunction No change
pending inquiry pending inquiry
162 Magistrate may 143 Magistrate may Deputy Commissioner
prohibit repetition prohibit repetition of Police has also been
or continuance of or continuance of empowered.
public nuisance public nuisance
163 Power to issue 144 Power to issue No change
order in urgent order in urgent
cases of nuisance cases of nuisance
or apprehended or apprehended
danger danger

Addition Deletion Alteration

97
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
164 Procedure where 145 Procedure where No change
dispute concerning dispute concerning
land or water is land or water is
likely to cause likely to cause
breach of peace breach of peace
165 Power to attach 146 Power to attach No change
subject of dispute subject of dispute
and to appoint and to appoint
receiver receiver
166 Dispute 147 Dispute No change
concerning right concerning right
of use of land or of use of land or
water water
167 Local inquiry 148 Local inquiry No change
168 Police to prevent 149 Police to prevent No change
cognizable cognizable
offences offences
169 Information of 150 Information of No change
design to commit design to commit
cognizable cognizable
offences offences
170 Arrest to prevent 151 Arrest to prevent No change
the commission of the commission of
cognizable cognizable
offences offences
171 Prevention of 152 Prevention of No change
injury to public injury to public
property property
172 Persons bound to ___ ___ New Provision
conform to lawful
directions of police
173 Information in 154 Information in  Zero FIR may be
cognizable cases cognizable cases filed.
 Information may
be lodged through
electronic
communication
(e-FIR).

Addition Deletion Alteration

98
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
 Right of the victim
to get, free of cost,
the copy of FIR
recognised.
 Preliminary
enquiry prescribed
in offences
punishable with 3
years or more but
less than 7 years
with prior
permission of DSP.
Enquiry to be
completed within
14 days.In such
cases, FIR shall be
registered with
prior permission of
DSP.
 In the event FIR is
not registered even
after intervention
of SP, application
may be made
before Magistrate.
174 Information as to 155 Information as to Apart from referring
non- cognizable non- cognizable the complaint to
cases and cases and Magistrate, police
investigation of investigation of officer shall also
such cases such cases forward daily diary
report to Magistrate.
175 Police officer’s 156 Police officer’s  In serious cases SP
power to power to empowered
investigate investigate (considering the
cognizable case cognizable case nature and gravity
of the offence) to
depute DSP rank
officer to conduct
the investigation.

Addition Deletion Alteration

99
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
 In cognizable
offence, Magistrate
may direct
investigation on
application
accompanied by
affidavit and upon
considering police
report.

 No cognizance
against public
servant where
offence is
committed in
discharge of
official duty until
Magistrate
receives views of
the public servant
accused of the
crime and a report
from his superior.
176 Procedure for 157 Procedure for In cases involving
investigation investigation offences punishable
for 7 years or more
forensic experts shall
visit crime scene to
collect forensic
evidence, i.e., trace
evidence.
177 Report how 158 Report how No change
submitted submitted
178 Power to hold 159 Power to hold No change
investigation or investigation or
preliminary preliminary
inquiry inquiry
179 Police officer’s 160 Police officer’s Exemption also
power to require power to require extended to persons
attendance of attendance of with acute illness.
witnesses witnesses

Addition Deletion Alteration

100
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
180 Examination of 161 Examination of No change
witnesses by witnesses by
police police
181 Statements to 162 Statements to No change
police and use police not to be
thereof signed: Use of
statements in
evidence
182 No inducement 163 No inducement No change
to be offered to be offered
183 Recording of 164 Recording of Statement recorded by
confessions and confessions and Magistrate of a witness
statements statements in offences punishable
with 10 years/ life/
death may be treated as
his examination in
chief if witness is
temporarily/
permanently mentally/
physically disabled.
184 Medical 164-A Medical Medical examination
examination of examination of report to be forwarded
victim of rape the victim of rape to investigating officer
within 7 days.
185 Search by police 165 Search by police Search to be recorded
officer officer through audio-video
electronic means
preferably mobile
phone. Copies of
records regarding
search to be sent to
Magistrate not later
than 48 hours.
186 When officer in 166 When officer in No change
charge of police charge of police
station may station may
require another require another
to issue search to issue searc
- warrant - warrant

Addition Deletion Alteration

101
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
187 Procedure when 167 Procedure when Police Custody may be
investigation investigation sought for a maximum
cannot be cannot be period of 15 days (in a
completed in completed in staggered manner)
twenty-four twenty-four within 40/ 60 days of
hours hours detention as the case
may be.

Section 187(3)(i)
prescribes maximum
period of detention of
90 days for offences
punishable with death
or imprisonment with
life, inter alia, for a
term of 10 years or
more instead of
imprisonment for a
term not less than
10 years.
188 Report of 168 Report of No change
investigation by investigation by
subordinate subordinate
police officer police officer
189 Release of accused 169 Release of No change
when evidence accused when
deficient evidence deficient
190 Cases to be sent 170 Cases to be sent If the person has not
to Magistrate, to Magistrate been arrested, the
when evidence when evidence police officer shall
is sufficient is sufficient take security from such
person for his
appearance before the
Judicial Magistrate.
191 Complainant and 171 Complainant and No change
witnesses not to witnesses not to
be required to be required to
accompany accompany
police officer police officer and
and not to be not to be
subjected to subjected to
restraint restraint

Addition Deletion Alteration

102
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
192 Diary of 172 Diary of No change
proceedings in proceedings in
investigation investigation
193 Report of police 173 Report of police  Police officer to
officer on officer on supply report to
completion of completion of victim/informant
investigation investigation within 90 days
regarding progress
of investigation
through electronic
means.
 Investigation may
be undertaken
only with
permission of
court. Investigation
to be completed
within 90 days or
within such period
as may be
extended by the
court.
 Supply of police
report and
accompanying
documents to
accused via
electronic
communication.
Such supply to be
made within 14
days from date of
production/
appearance of the
accused.
194 Police to enquire 174 Police to enquire Inquest Report to be
and report on and report on sent to DM/ SDM within
suicide, etc suicide, etc. twenty-four hours.

Addition Deletion Alteration

103
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
195 Power to 175 Power to Altered Provision
summon persons summon persons
A proviso is added
which exempts a male
person under 15 years
or above 60 years or a
woman or a mentally/
physically disabled
person or a person
with acute illness
from attending any
place other than
his place of residence.
196 Inquiry by 176 Inquiry by No change
Magistrate into Magistrate into
cause of death cause of death
197 Ordinary place 177 Ordinary place No change
of inquiry and of inquiry and
trial trial
198 Place of inquiry 178 Place of inquiry No change
or trial or trial
199 Offence triable 179 Offence triable No change
where act is done where act is done
or consequence or consequence
ensues ensues
200 Place of trial 180 Place of trial No change
where act is an where act is
offence by reason offence by reason
of relation to of relation to
other offence other offence
201 Place of trial in 181 Place of trial in No change
case of certain case of certain
offences offences
202 Offences 182 Offences Place of trial in case of
committed by committed by offence through
means of letters, etc. electronic
electronic communication shall
communications, be the place where the
letters, etc communication is sent/
received.

Addition Deletion Alteration

104
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
203 Offence 183 Offence No change
committed on committed on
journey or voyage journey or voyage
204 Place of trial for 184 Place of trial for No change
offences tri-able offences tri-able
together together
205 Power to order 185 Power to order No change
cases to be tried cases to be tried
in different in different
sessions sessions
divisions divisions
206 High Court to 186 High Court to No change
decide, in case of decide, in case of
doubt, district doubt, district
where inquiry where inquiry or
or trial shall trial shall take
take place place
207 Power to issue 187 Power to issue No change
summons or summons or
warrant for warrant for
offence offence
committed committed
beyond local beyond local
jurisdiction jurisdiction
208 Offence 188 Offence If the offence is
committed committed committed outside
outside India outside India India, the place of trial
shall be where the
accused is found/ or
where the offence is
registered in India.
209 Receipt of 189 Receipt of The words ‘either in
evidence relating evidence relating physical form or
to offences to offences electronic form’ are
committed committed included.
outside India out side India
210 Cognizance of 190 Cognizance of Complaint may also be
offences by offences by filed by a person
Magistrate Magistrates authorised under any
Special Law.

Addition Deletion Alteration

105
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
211 Transfer on 191 Transfer on No change
application of the application of the
accused accused
212 Making over of 192 Making over of No change
cases to cases to
Magistrates Magistrates
213 Cognizance of 193 Cognizance of No change
offences by offences by
Courts of Session Courts of Session
214 Additional 194 Additional and No change
Sessions Judges Assistant Sessions
to try cases made Judges to try
over to them cases made over
to them
215 Prosecution for 195 Prosecution for Minor change
contempt of contempt of
lawful authority lawful authority
of public servants, of public servants,
for offences against for offences
public justice and against public
for offences justice and for
relating to offences relating
documents given to documents
in evidence given in evidence
216 Procedure for 195-A Procedure for No change
witnesses in case witnesses in case
of threatening, etc of threatening, etc.
217 Prosecution for 196 Prosecution for No change
offences against offences against
the State and for the State and for
criminal criminal
conspiracy to conspiracy to
commit such commit such
offence offence
218 Prosecution of 197 Prosecution of Sanction to be granted
Judges and Judges and within 120 days failing
public servants public servants which it shall be
deemed to have been
granted.

Addition Deletion Alteration

106
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
219 Prosecution for 198 Prosecution for The word ‘lunatic’ is
offences against offences against replaced by the
marriage marriage expression ‘of unsound
mind or having
intellectual disability
requiring higher
support needs’.
220 Prosecution of 198-A Prosecution of No change
offences under offences under
section 85 of the section 498A of
Bhartiya Nyaya the Indian Penal
Sanhita, 2023 Code
221 Cognizance of 198-B Cognizance of No change
offence offence
222 Prosecution for 199 Prosecution for The word ‘lunatic’ is
defamation defamation replaced by the
expression ‘of unsound
mind or having
intellectual disability
requiring higher
support needs’.
223 Examination of 200 Examination of At the time of taking
complainant complainant cognizance opportunity
of hearing is to be
granted to accused.
224 Procedure by 201 Procedure by No change
Magistrate not Magistrate not
competent to competent to
take cognizance take cognizance
of case of the case
225 Postponement of 202 Postponement of No change
issue of process issue of process
226 Dismissal of 203 Dismissal of No change
complaint complaint
227 Issue of process 204 Issue of process Summons or warrant
may be issued by
electronic means also.

Addition Deletion Alteration

107
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
228 Magistrate may 205 Magistrate may No change
dispense with dispense with
personal personal
attendance of attendance of
accused accused
229 Special summons 206 Special summons The expression ‘petty
in cases of petty in cases of petty offence’ means offence
offence offence punishable only with
fine not exceeding `5000.
Previously the limit
was `1000.
230 Supply to the 207 Supply to the Documents to be
accused of copy accused of copy supplied free of cost to
of police report of police report accused without delay
and other and other (within 14 days from
documents documents production/appearance).
Documents to be given
to victim. Supply of
documents by
electronic means is
permitted.
231 Supply of copies 208 Supply of copies Supply of documents
of statements and of statements and by electronic means is
documents to documents to permitted.
accused in other accused in other
cases triable by cases triable by
Court of Session Court of Session
232 Commitment of 209 Commitment of Commitment to be
case to Court of case to Court of made within 90 days
Session when Session when from date of taking
offence is triable offence is triable cognizance.
exclusively by it exclusively by it
233 Procedure to be 210 Procedure to be No change
followed when followed when
there is a there is a
complaint case complaint case
and police and police
investigation in investigation in
respect of the respect of the
same offence same offence

Addition Deletion Alteration

108
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
234 Contents of 211 Contents of No change
charge charge
235 Particulars as to 212 Particulars as to No change
time, place and time, place and
person person
236 When manner of 213 When manner of No change
committing committing
offence must be offence must be
stated stated
237 Words in charge 214 Words in charge No change
taken in sense of taken in sense of
law under which law under which
offence is offence is
punishable punishable
238 Effect of errors 215 Effect of errors No change
239 Court may alter 216 Court may alter No change
charge charge
240 Recall of 217 Recall of No change
witnesses when witnesses when
charge altered charge altered
241 Separate charges 218 Separate charges No change
for distinct for distinct
offences offences
242 Offences of same 219 Three offences of No change
kind within year same kind within
may be charged year may be
together charged
243 Trial for more 220 Trial for more No change
than one offence than one offence
244 Where it is 221 Where it is No change
doubtful what doubtful what
offence has been offence has been
committed committed
245 When offence 222 When offence No change
proved included proved included
in offence charged in offence charged
246 What persons 223 What persons No change
may be charged may be charged
jointly jointly

Addition Deletion Alteration

109
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
247 Withdrawal of 224 Withdrawal of No change
remaining remaining
charges on charges on
conviction on conviction on one
one of several of several
charges charges
248 Trial to be 225 Trial to be No change
conducted by conducted by
Public Prosecutor Public Prosecutor
249 Opening case for 226 Opening case for No change
prosecution prosecution
250 Discharge 227 Discharge Application for
discharge to be made
within 60 days from
commitment.
251 Framing of charge 228 Framing of charge Timeline for Framing
of charge shall be 60
days from date of first
hearing. Charge shall
be read over to the
accused through
physical or audio-video
means.
252 Conviction on 229 Conviction on No change
plea of guilty plea of guilty
253 Date for 230 Date for No change
prosecution prosecution
evidence evidence
254 Evidence for 231 Evidence for Allows the examination
prosecution prosecution of witness through
audio-video means.
255 Acquittal 232 Acquittal No change
256 Entering upon 233 Entering upon No change
defence defence
257 Arguments 234 Arguments No change

Addition Deletion Alteration

110
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
258 Judgment of 235 Judgment of Judgment in a
acquittal or acquittal or summons case to be
conviction conviction delivered within 30
days extendable up to
45 days (for reasons to
be recorded in writing)
from date of conclusion
of argument.
259 Previous 236 Previous No change
conviction conviction
260 Procedure in 237 Procedure in Minor change in
cases instituted cases instituted compensation amount.
under sub- under 199 (2)
section (2) of 222
261 Compliance with 238 Compliance with No change
230 207
262 When accused 239 When accused Accused may apply for
shall be shall be discharge within 60
discharged discharged days from the date of
supply of police report
and other documents.
263 Framing of 240 Framing of Timeline for Framing
charge charge of charge shall be 60
days from date of first
hearing.
264 Conviction on 241 Conviction on No change
plea of guilty plea of guilty
265 Evidence for 242 Evidence for Prosecution may
prosecution prosecution examine witnesses
through audio-video
electronic means at a
designated place
notified by state
Government.
266 Evidence for 243 Evidence for Defence may examine
defence defence witnesses through
audio-video electronic
means at a designated
place notified by state
Government.

Addition Deletion Alteration

111
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
267 Evidence for 244 Evidence for No change
prosecution prosecution
268 When accused 245 When accused No change
shall be shall be
discharged discharged
269 Procedure where 246 Procedure where In warrant cases
accused is not accused is not instituted otherwise
discharged discharged than police report, if
attendance of witnesses
cannot be procured for
cross examination, it
shall be deemed such
witness has not been
examined and
prosecution case shall
be proceeded on the
basis of materials on
record.
270 Evidence for 247 Evidence for No change
defence defence
271 Acquittal or 248 Acquittal or No change
conviction conviction
272 Absence of 249 Absence of Magistrate shall give a
complainant complainant 30 day timeline to the
complainant to be
present before
discharging the accused.
273 Compensation 250 Compensation No change
for accusation for accusation
without without
reasonable cause reasonable cause
274 Substance of 251 Substance of Magistrate empowered
accusation to be accusation to be to discharge accused in
stated stated a summons case if
accusation appears
groundless.
275 Conviction on 252 Conviction on No change
plea of guilty plea of guilty

Addition Deletion Alteration

112
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
276 Conviction on 253 Conviction on No change
plea of guilty in plea of guilty in
absence of accused absence of accused
in petty cases in petty cases
277 Procedure when 254 Procedure when No change
not convicted not convicted
278 Acquittal or 255 Acquittal or No change
conviction conviction
279 Non-appearance 256 Non-appearance Magistrate shall give 30
or death of or death of days’ time to the
complainant complainant complainant to be
present before
acquitting the accused.
280 Withdrawal of 257 Withdrawal of No change
complaint complaint
281 Power to stop 258 Power to stop No change
proceedings in proceedings in
certain cases certain cases
282 Power of Court 259 Power of Court No change
to convert to convert
summons-cases summons-cases
into warrant- into warrant-
cases cases
283 Power to try 260 Power to try Mandates summary trial
summarily summarily for petty and less
serious offences.
284 Summary trial by 261 Summary trial by No change
Magistrate of the Magistrate of the
second class second class
285 Procedure for 262 Procedure for No change
summary trials summary trials
286 Record in 263 Record in No change
summary trials summary trials
287 Judgment in cases 264 Judgment in cases No change
tried summarily tried summarily
288 Language of 265 Language of No change
record and record and
judgment judgment

Addition Deletion Alteration

113
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
289 Application of 265-A Application of No change
the Chapter the Chapter
290 Application for 265-B Application for Application for plea
plea bargaining plea bargaining bargaining may be filed
by accused within 30
days of framing of
charge and within 60
days a mutually
satisfactory disposition
is to be worked out
between the public
prosecutor/
complainant and the
accused.
291 Guidelines for 265-C Guidelines for No change
mutually satisfac- mutually satisfac-
tory disposition tory disposition
292 Report of the 265-D Report of the No change
mutually satisfac- mutually satisfac-
tory disposition tory disposition
to be submitted to be submitted
before Court before Court
293 Disposal of case 265-E Disposal of the The court may impose
case a sentence equal to
one-fourth of the
minimum sentence
prescribed in law for
first time offender with
no criminal antecedent.
294 Judgment of 265-F Judgment of the No change
Court Court
295 Finality of 265-G Finality of the No change
judgment judgment
296 Power of Court in 265-H Power of the No change
plea bargaining Court in plea
bargaining

Addition Deletion Alteration

114
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
297 Period of detention 265-I Period of detention No change
undergone by undergone by
the accused to be the accused to be
set off against set off against
sentence of the sentence of
imprisonment imprisonment
298 Savings 265-J Savings No change
299 Statements of 265-K Statements of No change
accused not to be accused not to be
used used
300 Non-application 265-L Non-application No change
of the Chapter of the Chapter
301 Definitions 266 Definitions No change
302 Power to require 267 Power to require No change
attendance of attendance of
prisoners prisoners
303 Power of State 268 Power of State Power conferred on
Government or Government to Central Government
Central Govern- exclude certain also.
ment to exclude persons from
certain persons operation of
from operation section 267
of section 302
304 Officer-in-charge 269 Officer-in-charge No change
of prison to of prison to
abstain from abstain from
carrying out carrying out
order in certain order in certain
contingencies contingencies
305 Prisoner to be 270 Prisoner to be No change
brought to Court brought to Court
in custody in custody
306 Power to issue 271 Power to issue No change
commission for commission for
examination of examination of
witness in prison witness in prison
307 Language of 272 Language of No change
Courts Courts

Addition Deletion Alteration

115
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
308 Evidence to be 273 Evidence to be Accused permitted to
taken in presence taken in presence be examined through
of accused of accused audio-video means.
309 Record in 274 Record in No change
summons-cases summons-cases
and inquiries and inquiries
310 Record in 275 Record in No change
warrant-cases warrant-cases
311 Record in trial 276 Record in trial No change
before Court of before Court of
Session Session
312 Language of 277 Language of No change
record of evidence record of evidence
313 Procedure in 278 Procedure in No change
regard to such regard to such
evidence when evidence when
completed completed
314 Interpretation of 279 Interpretation of No change
evidence to evidence to
accused or his accused or his
advocate pleader
315 Remarks respect- 280 Remarks respect- No change
ing demeanour ing demeanour
of witness of witness
316 Record of exami- 281 Record of exami- If accused is examined
nation of accused nation of accused by audio-video means,
his signature is to be
obtained within 72
hours
317 Interpreter to be 282 Interpreter to be No change
bound to interpret bound to interpret
truthfully truthfully
318 Record in High 283 Record in High No change
Court Court
319 When attendance 284 When attendance No change
of witness may be of witness may be
dispensed with dispensed with
and commission and commission
issued issued

Addition Deletion Alteration

116
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
320 Commission to 285 Commission to No change
whom to be whom to be
issued issued
321 Execution of 286 Execution of No change
commissions commissions
322 Parties may 287 Parties may No change
examine witnesses examine witnesses
323 Return of 288 Return of No change
commission commission
324 Adjournment of 289 Adjournment of No change
proceeding proceeding
325 Execution of 290 Execution of No change
foreign foreign
commissions commissions
326 Deposition of 291 Deposition of No change
medical witness medical witness
327 Identification 291-A Identification No change
report of report of
Magistrate Magistrate
328 Evidence of 292 Evidence of No change
officers of the officers of the
Mint Mint
329 Reports of certain 293 Reports of certain Section 329(g)
Government Government empowers the
scientific experts scientific experts Government to notify
‘any other scientific
expert’ as ‘Government
Scientific expert’
enabling private
persons to be notified
as Government
scientific expert.
330 No formal proof 294 No formal proof 30 day timeline to
of certain of certain challenge genuineness
documents documents of any document which
may be relaxed at the
discretion of the court.
331 Affidavit in proof 295 Affidavit in proof No change
of conduct of of conduct of
public servants public servants

Addition Deletion Alteration

117
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
332 Evidence of formal 296 Evidence of formal No change
character on character on
affidavit affidavit
333 Authorities before 297 Authorities before No change
whom affidavits whom affidavits
may be sworn may be sworn
334 Previous convic- 298 Previous convic- No change
tion or acquittal tion or acquittal
how proved how proved
335 Record of evidence 299 Record of evidence No change
in absence of in absence of
accused accused
336 Evidence of public ____ _____ New Provision
servants, experts,
police officers in Document prepared by
certain cases public servant/ medical
expert/ medical officer
may be proved by his
successor in office. He
shall not be examined
unless the document is
disputed. His examina-
tion may be allowed
through audio-video
electronic means.
337 Person once 300 Person once No change
convicted or convicted or
acquitted not to acquitted not to
be tried for same be tried for same
offence offence
338 Appearance by 301 Appearance by No change
Public Prosecutors Public Prosecutors
339 Permission to 302 Permission to No change
conduct conduct
prosecution prosecution
340 Right of person 303 Right of person No change
against whom against whom
proceedings are proceedings are
instituted to be instituted to be
defended defended

Addition Deletion Alteration

118
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
341 Legal aid to 304 Legal aid to No change
accused at State accused at State
expense in certain expense in
cases certain cases
342 Procedure when 305 Procedure when No change
corporation or corporation or
registered society registered society
is an accused is an accused
343 Tender of pardon 306 Tender of pardon No change
to accomplice to accomplice
344 Power to direct 307 Power to direct No change
tender of pardon tender of pardon
345 Trial of person not 308 Trial of person not No change
complying with complying with
conditions of conditions of
pardon pardon
346 Power to postpone 309 Power to postpone Not more than two
or adjourn or adjourn adjournments shall be
proceedings proceedings granted to a party when
circumstances are
beyond his control and
upon consideration of
objection of the other
party.
347 Local inspection 310 Local inspection No change
348 Power to summon 311 Power to summon No change
material witness, material witness,
or examine person or examine person
present present
349 Power of Magis- 311-A Power of Magis- The scope of
trate to order trate to order specimens has been
person to give person to give expanded to include
specimen specimen finger impressions and
signatures or signatures or voice samples. Such
handwriting etc. handwriting samples may be
obtained from accused
without necessitating
his arrest.
350 Expenses of 312 Expenses of No change
complainants complainants
and witnesses and witnesses

Addition Deletion Alteration

119
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
351 Power to examine 313 Power to examine No change
the accused the accused
352 Oral arguments 314 Oral arguments No change
and memorandum and memorandum
of arguments of arguments
353 Accused person 315 Accused person No change
to be competent to be competent
witness witness
354 No influence to 316 No influence to No change
be used to induce be used to induce
disclosure disclosure
355 Provision for 317 Provision for Attendance of the
inquiries and trial inquiries and trial accused shall include
being held in the being held in the attendance through
absence of accused absence of accused audio-video electronic
in certain cases in certain cases means.
356 Inquiry, trial or ____ _____ New Provision
judgment in
absentia of procl- Trial may proceed
aimed offender against a proclaimed
offender in absentia
and judgment may be
pronounced.
357 Procedure where 318 Procedure where No change
accused does not accused does not
understand understand
proceedings proceedings
358 Power to proceed 319 Power to proceed No change
against other against other
persons appearing persons appearing
to be guilty of to be guilty of
offence offence
359 Compounding of 320 Compounding of No change
offences offences
360 Withdrawal from 321 Withdrawal from No prosecution shall be
prosecution prosecution withdrawn without
giving opportunity of
hearing to victim.

The expression ‘Delhi

Police Establishment
Act’ replaced by ‘Any
Central Act’.

Addition Deletion Alteration

120
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
361 Procedure in cases 322 Procedure in cases No change
which Magistrate which Magistrate
cannot dispose of cannot dispose of
362 Procedure when 323 Procedure when, No change
after commence- after commence-
ment of inquiry or ment of inquiry or
trial, Magistrate trial, Magistrate
finds case should finds case should
be committed. be committed
363 Trial of persons 324 Trial of persons No change
previously previously
convicted of convicted of
offences against offences against
coinage, stamp- coinage, stamp-
law or property. law or property
364 Procedure when 325 Procedure when No change
Magistrate cannot Magistrate cannot
pass sentence pass sentence
sufficiently severe sufficiently severe
365 Conviction or 326 Conviction or No change
commitment on commitment on
evidence partly evidence partly
recorded by one recorded by one
Magistrate and Judge or Magis-
partly by another trate and partly
by another
366 Court to be open 327 Court to be open Inquiry into and trial of
rape and offences
against woman and
child shall be conducted
in camera.
367 Procedure in case 328 Procedure in case The word ‘lunatic’ is
of accused being of accused being replaced by the word
person of unsound lunatic ‘of unsound mind’.
mind
368 Procedure in 329 Procedure in No change
case of person of case of person of
unsound mind unsound mind
tried before Court tried before Court

Addition Deletion Alteration

121
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
369 Release of person 330 Release of person No change
of unsound mind of unsound mind
pending investi- pending investi-
gation or trial gation or trial
370 Resumption of 331 Resumption of No change
inquiry or trial inquiry or trial
371 Procedure on 332 Procedure on No change
accused appearing accused appearing
before Magistrate before Magistrate
or Court or Court
372 When accused 333 When accused No change
appears to have appears to have
been of sound been of sound
mind mind
373 Judgment of 334 Judgment of No change
acquittal on acquittal on
ground of ground of
unsoundness of unsoundness of
mind mind
374 Person acquitted 335 Person acquitted No change
on ground of on such ground
unsoundness of to be detained in
mind to be safe custody
detained in safe
custody
375 Power of State 336 Power of State No change
Government to Government to
empower officer- empower officer
in-charge to -in-charge to
discharge discharge
376 Procedure where 337 Procedure where The word ‘lunatic’ is
prisoner of lunatic prisoner replaced by the word
unsound mind is is reported capable ‘of unsound mind’.
reported capable of making his
of making his defence
defence
377 Procedure where 338 Procedure where The word ‘lunatic’ is
person detained lunatic detained replaced by the word
is declared fit to is declared fit to ‘of unsound mind’.
be released be released

Addition Deletion Alteration

122
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
378 Delivery of person 339 Delivery of lunatic The word ‘lunatic’ is
of unsound mind to care of relative replaced by the word
to care of relative or friend ‘of unsound mind’.
or friend
379 Procedure in 340 Procedure in No change
cases mentioned cases mentioned
in section 215 in section 195
380 Appeal 341 Appeal No change
381 Power to order 342 Power to order No change
costs costs
382 Procedure of 343 Procedure of No change
Magistrate taking Magistrate taking
cognizance cognizance
383 Summary 344 Summary Maximum fine for giving
procedure for procedure for false evidence increased
trial for giving trial for giving from `500 to `1000.
false evidence false evidence
384 Procedure in 345 Procedure in Maximum fine for
certain cases of certain cases of Contempt cases
contempt contempt enumerated increased
from `200 to `1000.
385 Procedure where 346 Procedure where No change
Court considers Court considers
that case should that case should
not be dealt with not be dealt with
under section 384 under section 345
386 When Registrar 347 When Registrar No change
or Sub-Registrar or Sub-Registrar
to be deemed a to be deemed a
Civil Court Civil Court
387 Discharge of 348 Discharge of No change
offender on sub- offender on sub-
mission of apology mission of apology
388 Imprisonment or 349 Imprisonment or No change
committal of committal of
person refusing person refusing
to answer or to answer or
produce document. produce document

Addition Deletion Alteration

123
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
389 Summary 350 Summary Maximum fine for non-
procedure for procedure for attendance of witness
punishment for punishment for without just excuse
non-attendance non-attendance increased from `100 to
by a witness in by a witness in `500.
obedience to obedience to
summons summons
390 Appeals from 351 Appeals from No change
convictions under convictions under
s 383, 384, 388 s 344, 345, 349
and 389 and 350
391 Certain Judges 352 Certain Judges No change
and Magistrates and Magistrates
not to try certain not to try certain
offences when offences when
committed before committed before
themselves themselves
392 Judgment 353 Judgment Judgment in every
criminal trial to be
pronounced not later
than 45 days after the
termination of trial.
Judgment shall be
uploaded within 7 days.
Accused may be
produced before court
through audio- video
means to hear the
judgment.
393 Language and 354 Language and No change
contents of contents of
judgment judgment
394 Order for notifying 356 Order for notifying No change
address of pre- address of pre-
viously convicted viously convicted
offender offender
395 Order to pay 357 Order to pay No change
compensation compensation
396 Victim compen- 357-A Victim compen- No change
sation scheme sation scheme

Addition Deletion Alteration

124
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
397 Treatment of 357-C Treatment of Hospitals shall provide
victims victims first-aid/ immediate
medical treatment to
victims in POCSO cases.
398 Witness ___ ___ New Provision
protection scheme
Every State Government
shall prepare and
notify a Witness
Protection Scheme.
399 Compensation to 358 Compensation to No change
persons ground- persons ground-
lessly arrested lessly arrested
400 Order to pay costs 359 Order to pay costs No change
in non-cognizable in non-cognizable
cases cases
401 Order to release 360 Order to release No change
on probation of on probation of
good conduct or good conduct or
after admonition after admonition
402 Special reasons 361 Special reasons No change
to be recorded in to be recorded in
certain cases certain cases
403 Court not to alter 362 Court not to alter No change
judgment judgment
404 Copy of judgment 363 Copy of judgment Government shall also
to be given to the to be given to the be provided a certified
accused and other accused and other copy of judgment/
persons persons order/ deposition/
record free of cost on
prayer of prosecuting
officer.
405 Judgment when 364 Judgment when No change
to be translated to be translated
406 Court of Session 365 Court of Session No change
to send copy of to send copy of
finding and finding and
sentence to District sentence to District
Magistrate Magistrate

Addition Deletion Alteration

125
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
407 Sentence of death 366 Sentence of death Minor change.
to be submitted by to be submitted by
Court of Session Court of Session
for confirmation for confirmation
408 Power to direct 367 Power to direct No change
further inquiry further inquiry
to be made or to be made or
additional evi- additional evi-
dence to be taken dence to be taken
409 Power of High 368 Power of High No change
Court to confirm Court to confirm
sentence or annul sentence or annul
conviction conviction
410 Confirmation or 369 Confirmation or No change
new sentence to new sentence to
be signed by two be signed by two
Judges Judges
411 Procedure in case 370 Procedure in case No change
of difference of of difference of
opinion opinion
412 Procedure in 371 Procedure in Upon confirmation of
cases submitted cases submitted sentence of death, High
to High Court for to High Court for Court shall send copy
confirmation confirmation of the order physically
or through electronic
means.
413 No appeal to lie 372 No appeal to lie No change
unless otherwise unless otherwise
provided provided
414 Appeal from 373 Appeal from No change
orders requiring orders requiring
security or refusal security or refusal
to accept or to accept or
rejecting surety rejecting surety
for keeping peace for keeping peace
or good behaviour or good behaviour
415 Appeals from 374 Appeals from No change
convictions

Addition Deletion Alteration

126
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
416 No appeal in 375 No appeal in No change
certain cases certain cases
when accused when accused
pleads guilty pleads guilty
417 No appeal in 376 No appeal in No appeal in petty case
petty cases petty cases where High Court passes
only a sentence of
imprisonment for a term
not exceeding 3 months.
Previously, no appeal
was permitted for cases
where the imprisonment
term was not exceeding
6 months.
418 Appeal by the 377 Appeal by the The expression ‘Delhi
State Government State Government Police Establishment
against sentence against sentence Act’ replaced by ‘Any
Central Act’.
419 Appeal in case of 378 Appeal in case of The expression ‘Delhi
acquittal acquittal Police Establishment
Act’ replaced by ‘Any
Central Act’.
420 Appeal against 379 Appeal against No change
conviction by conviction by
High Court in High Court in
certain cases certain cases
421 Special right of 380 Special right of No change
appeal in certain appeal in certain
cases cases
422 Appeal to Court 381 Appeal to Court No change
of Session how of Session how
heard heard
423 Petition of appeal 382 Petition of appeal No change
424 Procedure when 383 Procedure when No change
appellant in jail appellant in jail
425 Summary 384 Summary No change
dismissal of dismissal of
appeal appeal

Addition Deletion Alteration

127
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
426 Procedure for 385 Procedure for No change
hearing appeals hearing appeals
not dismissed not dismissed
summarily summarily
427 Powers of the 386 Powers of the No change
Appellate Court Appellate Court
428 Judgments of 387 Judgments of No change
Subordinate subordinate
Appellate Court Appellate Court
429 Order of High 388 Order of High No change
Court on appeal Court on appeal
to be certified to to be certified to
lower Court lower Court
430 Suspension of 389 Suspension of No change
sentence pending sentence pending
the appeal; release the appeal; release
of appellant on bail of appellant on bail
431 Arrest of accused 390 Arrest of accused No change
in appeal from in appeal from
acquittal acquittal
432 Appellate Court 391 Appellate Court No change
may take further may take further
evidence or direct evidence or direct
it to be taken it to be taken
433 Procedure where 392 Procedure where No change
Judges of Court Judges of Court
of Appeal are of Appeal are
equally divided equally divided
434 Finality of judg- 393 Finality of judg- No change
ments and orders ments and orders
on appeal on appeal
435 Abatement of 394 Abatement of No change
appeals appeals
436 Reference to 395 Reference to No change
High Court High Court
437 Disposal of case 396 Disposal of case No change
according to according to
decision of High decision of High
Court Court

Addition Deletion Alteration

128
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
438 Calling for records 397 Calling for records No change
to exercise powers to exercise powers
of revision of revision
439 Power to order 398 Power to order No change
inquiry inquiry
440 Sessions Judge’s 399 Sessions Judge’s No change
powers of revision powers of revision
441 Power of 400 Power of No change
Additional Additional
Sessions Judge Sessions Judge
442 High Court’s 401 High Court’s No change
powers of revision powers of revision
443 Power of High 402 Power of High No change
Court to withdraw Court to withdraw
or transfer revision or transfer revision
cases cases
444 Option of Court 403 Option of Court No change
to hear parties to hear parties
445 High Court’s order 405 High Court’s order No change
to be certified to to be certified to
lower Court lower Court
446 Power of Supreme 406 Power of Supreme If Supreme Court opines
Court to transfer Court to transfer that the application for
cases and appeals cases and appeals transfer of a case/ appeal
is frivolous/ vexatious,
compensation of such
sum (as per the appro-
priate circumstances of
the case) may be granted
to any person who
opposed the application.
Previously, the sum
was mentioned to be
not exceeding ` 1000.
447 Power of High 407 Power of High If High Court opines
Court to transfer Court to transfer that the application for
cases and appeals cases and appeals transfer of a case/ appeal
is frivolous/ vexatious,
compensation of such

Addition Deletion Alteration

129
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
sum (as per the appro-
priate circumstances of
the case) may be granted
to any person who
opposed the application.
Previously, the sum
was mentioned to be
not exceeding `1000.
448 Power of Sessions 408 Power of Sessions If Sessions Judge opines
Judge to transfer Judge to transfer that the application for
cases and appeals cases and appeals transfer of a case/ appeal
is frivolous/ vexatious,
compensation not
exceeding `10,000 may
be granted to any person
who opposed the appli-
cation. Previously, the
sum was mentioned to
be not exceeding `250.
449 Withdrawal of 409 Withdrawal of No change
cases and appeals cases and appeals
by Sessions Judges by Sessions Judges
450 Withdrawal of 410 Withdrawal of No change
cases by Judicial cases by Judicial
Magistrates Magistrates
451 Making over or 411 Making over or No change
withdrawal of withdrawal of
cases by Executive cases by Executive
Magistrates Magistrates
452 Reasons to be 412 Reasons to be No change
recorded recorded
453 Execution of order 413 Execution of order No change
passed under 409 passed under 368
454 Execution of 414 Execution of No change
sentence of death sentence of death
passed by High passed by High
Court Court

Addition Deletion Alteration

130
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
455 Postponement of 415 Postponement of No change
execution of execution of
sentence of death sentence of death
in case of appeal in case of appeal
to Supreme Court to Supreme Court
456 Communication 416 Postponement of No change
of sentence of capital sentence
death on pregnant on pregnant
woman woman
457 Power to appoint 417 Power to appoint No change
place of imprison- place of imprison-
ment ment
458 Execution of 418 Execution of No change
sentence of sentence of
imprisonment imprisonment
459 Direction of 419 Direction of No change
warrant for warrant for
execution execution
460 Warrant with 420 Warrant with No change
whom to be whom to be
lodged lodged
461 Warrant for levy 421 Warrant for levy No change
of fine of fine
462 Effect of such 422 Effect of such No change
warrant warrant
463 Warrant for levy 423 Warrant for levy No change
of fine issued by of fine issued by
a Court in any a Court in any
territory to which territory to which
this Sanhita does this Code does
not extend not extend
464 Suspension of 424 Suspension of No change
execution of execution of
sentence of sentence of
imprisonment imprisonment
465 Who may issue 425 Who may issue No change
warrant warrant

Addition Deletion Alteration

131
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
466 Sentence on 426 Sentence on No change
escaped convict escaped convict
when to take effect when to take effect
467 Sentence on 427 Sentence on No change
offender already offender already
sentenced for sentenced for
another offence another offence
468 Period of detention 428 Period of detention No change
under-gone by under-gone by the
accused to be set accused to be set
off against sentence off against the
of imprisonment sentence of
imprisonment
469 Saving 429 Saving No change
470 Return of warrant 430 Return of warrant No change
on execution of on execution of
sentence sentence
471 Money ordered 431 Money ordered to No change
to be paid recover- be paid recover-
able as a fine able as a fine
472 Mercy Petition in ___ ____ New Provision
death sentence
cases Prescribes time frame
of 30 days for filing of
mercy petition before
the Governor and 60
days before the President.
473 Power to suspend 432 Power to suspend No change
or remit sentences or remit sentences
474 Power to commute 433 Power to commute Death Sentence may
sentence sentence be commuted for
imprisonment for life.
(Previously death
sentence could be
commuted for any other
punishment subject to
Section 433A CrPC)
Life Imprisonment
may be commuted for
imprisonment for not
less than 7 years.

Addition Deletion Alteration

132
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
(Previously Life
imprisonment could be
commuted for imprison-
ment not exceeding 14
years or fine subject to
section 433A CrPC)
Sentence of 7 years or
more may be commuted
for imprisonment for
not less than 3 years.
(New Provision)
Sentence of less than 7
years may be commuted
for fine. (New Provision)
Rigorous imprisonment
may be commuted for
simple imprisonment
for any term for which
the person might have
been sentenced.
(Previously such
sentence could also be
commuted for fine)
A sentence of simple
imprisonment may be
commuted for fine.
(Deleted)
475 Restriction on 433-A Restriction on No change
powers of powers of
remission or remission or
commutation in commutation in
certain cases certain cases
476 Concurrent 434 Concurrent No change
power of Central power of Central
Government in Government in
case of death case of death
sentences sentences
477 State Government 435 State Government No change
to act after to act after
concurrence with consultation with
Central Govern- Central Govern-
ment in certain ment in certain
cases cases

Addition Deletion Alteration

133
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
478 In what cases 436 In what cases No change
bail to be taken bail to be taken
479 Maximum period 436-A Maximum period Bail may be granted for
for which an for which an first-time offender
undertrial prisoner undertrial prisoner who has undergone
can be detained can be detained detention for one-third
of maximum period of
imprisonment
prescribed in law. In
other cases, detention
undergone should be
half of the maximum
period.

Superintendent of Jail
has been made
responsible for making
an application to Court
in writing for release of
person on bail in case
one-half or one-third
(as the case may be)
period of imprison-
ment has been
completed.

If investigation, inquiry
or trial in more than one
offence or in multiple
cases are pending
against a person, bail
shall not be granted.
480 When bail may 437 When bail may In case of non-bailable
be taken in case be taken in case offences, bail shall not
of non-bailable of non-bailable be denied to an accused
offence offence on the ground that he
may be required to be
identified by witnesses
during investigation or

Addition Deletion Alteration

134
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
his police custody will
be required beyond 15
days, provided he is
otherwise entitled to
bail and gives an under-
taking that he shall
comply with such
directions as may be
given by the court.
481 Bail to require 437-A Bail to require No change
accused to appear accused to appear
before next before next
appellate Court appellate Court
482 Direction for grant 438 Direction for grant No change
of bail to person of bail to person
apprehending apprehending
arrest arrest
483 Special powers 439 Special powers No change
of High Court or of High Court or
Court of Session Court of Session
regarding bail regarding bail
484 Amount of bond 440 Amount of bond No change
and reduction and reduction
thereof thereof
485 Bond of accused 441 Bond of accused No change
and sureties and sureties
486 Declaration by 441-A Declaration by No change
sureties sureties
487 Discharge from 442 Discharge from No change
custody custody
488 Power to order 443 Power to order No change
sufficient bail sufficient bail
when that first when that first
taken is taken is
in-sufficient in-sufficient
489 Discharge of 444 Discharge of No change
sureties sureties

Addition Deletion Alteration

135
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
490 Deposit instead 445 Deposit instead No change
of recognizance of recognizance
491 Procedure when 446 Procedure when No change
bond has been bond has been
forfeited forfeited
492 Cancellation of 446-A Cancellation of No change
bond and bail bond and bail-
bond bond
493 Procedure in case 447 Procedure in case No change
of insolvency or of insolvency or
death of surety or death of surety or
when a bond is when a bond is
forfeited forfeited
494 Bond required 448 Bond required No change
from child from minor
495 Appeal from 449 Appeal from No change
orders under orders under
section 491 section 446
496 Power to direct 450 Power to direct No change
levy of amount levy of amount
due on certain due on certain
recognizances recognizances
497 Order for custody 451 Order for custody 'Any court', i.e., a
and disposal of and disposal of Court of Sessions to
property pending property pending whom case is committed
trial in certain trial in certain or a Special Court
cases cases which takes cognizance
directly may also pass
order for custody and
disposal of property
pending trial.

Timeline for
preparing statement
(of property with
description) stipulated
to be 14 days. Magistrate
shall ensure photograph/
videograph of property
via mobile phone/
electronic media are
taken.

Addition Deletion Alteration

136
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
498 Order for disposal 452 Order for disposal 'Any court', i.e., a
of property at of property at Court of Sessions to
conclusion of trial conclusion of trial whom case is committed
or a Special Court which
takes cognizance
directly may also pass
order for disposal/
destruction/ confisca-
tion/delivery of
property/document in
its custody during
conclusion of trial.
499 Payment to 453 Payment to No change
innocent purchaser innocent purchaser
of money found of money found
on accused on accused
500 Appeal against 454 Appeal against No change
orders under orders under
section 498 or 499 section 452 or 453
501 Destruction of 455 Destruction of No change
libellous and libellous and
other matter other matter
502 Power to restore 456 Power to restore No change
possession of possession of
immovable immovable
property property
503 Procedure by 457 Procedure by No change
police upon police upon
seizure of seizure of
property property
504 Procedure where 458 Procedure where No change
no claimant no claimant
appears within appears within
six months six months
505 Power to sell 459 Power to sell If Magistrate opines
perishable perishable that the property is
property property perishable or value of
property is less than

Addition Deletion Alteration

137
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
`10,000, he may direct
it to be sold.
(Previously, Magistrate
could direct the sale of
perishable property or
property of value less
than `500 only.)
506 Irregularities 460 Irregularities No change
which do not which do not
vitiate proceedings vitiate proceedings
507 Irregularities 461 Irregularities No change
which vitiate which vitiate
proceedings proceedings
508 Proceedings in 462 Proceedings in No change
wrong place wrong place
509 Non-compliance 463 Non-compliance No change
with provisions of with provisions of
section 183 or 316 sections 164 or 281
510 Effect of omission 464 Effect of omission No change
to frame, or to frame, or
absence of, or absence of, or
error in, charge error in, charge
511 Finding or 465 Finding or No change
sentence when sentence when
reversible by reversible by
reason of error, reason of error,
omission or omission or
irregularity irregularity
512 Defect or error 466 Defect or error No change
not to make not to make
attachment attachment
unlawful unlawful
513 Definitions 467 Definitions No change
514 Bar to taking 468 Bar to taking No change
cognizance after cognizance after
lapse of the period lapse of the period
of limitation of limitation

Addition Deletion Alteration

138
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
515 Commencement 469 Commencement No change
of the period of of the period of
limitation limitation
516 Exclusion of time 470 Exclusion of time No change
in certain cases in certain cases
517 Exclusion of date 471 Exclusion of date No change
on which Court on which Court
is closed is closed
518 Continuing 472 Continuing No change
offence offence
519 Extension of 473 Extension of No change
period of period of
limitation in limitation in
certain cases certain cases
520 Trials before 474 Trials before No change
High Courts High Courts
521 Delivery to 475 Delivery to No change
commanding commanding
officers of persons officers of persons
liable to be tried liable to be tried
by Court-martial by Court-martial
522 Forms 476 Forms No change
523 Power of High 477 Power of High No change
Court to make Court to make
rules rules
524 Power to alter 478 Power to alter No change
functions allocated functions allocated
to Executive to Executive
Magistrate in Magistrates in
certain cases certain cases
525 Case in which 479 Case in which No change
Judge or Magistrate Judge or Magistrate
is personally is personally
interested interested
526 Practicing 480 Practising No change
advocate not to pleader not to sit
sit as Magistrate as Magistrate in
in certain Courts certain Courts

Addition Deletion Alteration

139
 The Bharatiya Nagarik Code of Criminal
Suraksha Sanhita, 2023 Procedure, 1973 Changes
Section Heading Section Heading
527 Public servant 481 Public servant No change
concerned in sale concerned in sale
not to purchase or not to purchase or
bid for property bid for property
528 Saving of inherent 482 Saving of inherent No change
powers of High powers of High
Court Court
529 Duty of High 483 Duty of High High Court may
Court to exercise Court to exercise exercise superinten-
continuous continuous dence over Courts
superintendence superintendence of Sessions as well as
over Courts over Courts of Courts of Judicial
Judicial Magistrates to ensure
Magistrates that there is an
expeditious and proper
disposal of cases.

Previously High Court

could exercise superin-
tendence only over the
Courts of Judicial
Magistrates.
530 Trial and ______ ________ New Provision
proceedings to be
held in electronic Trial and proceedings
mode may be held in
electronic mode.
531 Repeal and 484 CrPC repealed but
savings pending proceedings
shall continue under
the repealed law.

Addition Deletion Alteration

140
 PART III
BHARATIYA SAKSHYA ADHINIYAM, 2023

141
142
 BHARATIYA SAKSHYA ADHINIYAM, 2023

 Highlights in the Statement of Objects and Reasons are :—

 Consolidates and provides for general rules and principles of
evidence.
 The word 'Evidence' shall include any information given
electronically. This would permit appearance of witnesses,
accused, experts and victims through electronic means.
 Electronic and digital records shall be admissible as documentary
evidence and have the same legal effect, validity and
enforceability as any other document.
 The scope of secondary evidence has been expanded to include
copies made from original through mechanical processes, copies
made from or compared with the original, counterparts of
documents as against the parties who did not execute them and
oral accounts of the contents of a document given by some person
who has himself seen it and giving matching hash value of original
record will be admissible as proof of secondary evidence.
 The Adhiniyam seeks to put limits on the facts which are
admissible and its certification as such in the courts. It introduces
more precise and uniform rules of practice of courts in dealing
with facts and circumstances of the case by means of evidence.

 Salient Changes in the Bharatiya Sakshya Adhiniyam, 2023

vis-a-vis the Indian Evidence Act, 1872 :—
Deletion of certain words and expressions

 The dated expressions ‘Parliament of the United Kingdom’,

‘Provincial Act’, ‘notification by the Crown Representative’,
‘London Gazette’, ‘any Dominion, colony or possession of his
Majesty, ‘Jury’, ‘Lahore’, ‘United Kingdom of Great Britain and
Ireland’, ‘Commonwealth,’ ‘Her Majesty or by the Privy Council,’
‘Her Majesty’s Government,’ ‘copies or extracts contained in the
London Gazette, or purporting to be printed by the Queen’s
Printer’, ‘possession of the British Crown,’ ‘Court of Justice in
England’, ‘Her Majesty’s Dominions’, ‘Barrister’ have been deleted
as they are no longer relevant.

143
 The words ‘Vakil’, ‘Pleader’, ‘Barrister’ and ‘Attorney’ have
been replaced with the word ‘Advocate’.

Short title, application and commencement

 The Act is made applicable to all Courts-martial proceedings.

Previously, Courts-martial convened under the Army Act, the
Naval Discipline Act or the Indian Navy (Discipline) Act, or the
Air Force Act were excluded.

Definition

 The definition of ‘documents’ under section 2(1)(d) BSA has

been expanded to include electronic and digital records.
Electronic record has been defined under section 2(1)(t) of
Information Technology Act, 2000 (IT Act).
 The definition of ‘evidence’ under section 2(1)(e) BSA has been
expanded to include statements given electronically. This would
permit the appearance of witnesses, accused, experts and victims
to depose their evidence through electronic means. It also
establishes ‘digital records’ as documentary evidence.
Electronically provided information shall be treated on par with
traditional in-person statements, considering the challenges of
in-person presence.
 Under section 2(2) BSA, all words and expressions not defined
herein have been given the same meaning as defined under the
IT Act, BNSS and BNS. The section is comprehensive and covers
all words / expressions in these statutes instead of a few
expressions defined in the IT Act.

Relevancy of Facts

 Under section 4 BSA, the principle of res gestae is made applicable

both to fact in issue and relevant fact instead of fact in issue
only.
 Under section 24 IEA, confession was irrelevant if given under
inducement, threat or promise only. In section 22 BSA,
‘coercion’ has been added as a new ground rendering
confession irrelevant.

144
 An Explanation has been added to section 24 BSA which
clarifies that in a case where a proclaimed offender is tried in
absentia (under section 356 BNSS) jointly with other accused,
confession of one accused may be used against others including
the proclaimed offender.

 Official gazette in digital/electronic form is made admissible

under section 31 BSA.

 Use of law books in digital/electronic form is made admissible

under section 32 BSA.

 Under section 35 BSA, a final judgment, order or decree of

Tribunal is relevant. Previously the relevancy was only of final
judgment, order or decree of competent court.

 Under section 39 BSA, the scope of an expert has been expanded

to include persons especially skilled in ‘any other field’ along
with the previously defined skills under section 45 IEA.

Facts which need not be proved

 Facts of which Court shall take judicial notice under section

52 BSA has been modified.

Documentary Evidence

 The ambit of Primary Evidence under section 57 BSA has been

expanded to include the following :

 Digital electronic record created or stored simultaneously

or sequentially in multiple files, each file is primary evidence.

 Electronic record produced from proper custody if not

disputed.

 Video recording simultaneously stored, broadcasted and

transmitted to another device. Each of its stored recording
is primary evidence.

 Electronic record automatically stored in a multiple storage

space in a computer resource. Each automated storage is
primary evidence.

145
 The ambit of Secondary evidence has been expanded in section
58 BSA to include the following :—

 oral admissions;

 written admissions, and

 evidence provided by a person who is skilled in examining

certain documents, which being technical or voluminous
cannot be conveniently examined.

 Digital or Electronic records have the same legal effect,

validity and enforceability as any other document as per
section 61 BSA.

 Section 63 BSA includes electronic records copied in

semiconductor memory in addition to optical or magnetic
media as provided in IEA. It also enlarges the ambit of the
provision by covering electronic records produced by any
communication device or otherwise stored, recorded or copied
in any electronic form (e.g., DVR, Flash Drive, CD/ DVD,
Server, Cloud, etc.), and not produced by a computer only, as
was the case in IEA. Thus, the scope of devices through which
electronic or digital records can be sourced as evidence has been
enlarged.

 Section 63 BSA outlines the requirements for submitting

certificates which have been appended in “THE SCHEDULE”.
Earlier, a certificate signed by a person in charge of the computer
or management of relevant activities was sufficient. As per this
provision, in addition to a certificate signed by the person in
charge of computer or communication device, another certificate
(as provided in the Schedule to BSA) duly signed by an expert
must be submitted. The certificate shall contain details such as
the kind of device, model, serial number, colour, hash value, etc.
The expert’s certificate ensures authenticity of electronic record
admitted in evidence. Who is an expert is not defined in the
section. Section 79A, IT Act defines ‘Examiner of electronic
evidence’ as an expert. In addition thereto, section 39 BSA
permits opinion of persons specially skilled in ‘any other field’
which may include electronic evidence as expert evidence.

146
 Estoppel

 As per section 122 BSA, no tenant of immovable property, or

person claiming through such tenant, shall, during the
continuance of the tenancy or any time thereafter, be permitted
to deny that the landlord of such tenant had, at the beginning of
the tenancy, a title to such immovable property. The expression
“or any time thereafter” has been added.

Of Witnesses

 The word “lunacy” has been replaced by “mental illness” under

section 124 BSA.

 Under section 138 BSA, an accomplice shall be a competent

witness against an accused person and a conviction is not illegal
if it proceeds upon the corroborated testimony of an accomplice.
This removes the inconsistency with illustration (b) in section
114 IEA (presently section 119 BSA).

Privileged communication

 Section 165 BSA disallows any court to demand production of

any communication between ministers and President of India.

147
COMPARATIVE CHART OF BSA VIS-À-VIS IEA WITH COMMENTS
The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
1 Short Title, 1 Short Title, The Act is made
application and application and applicable to all Court-
commencement commencement martial proceedings.
Previously, Courts-
martial convened
under the Army Act, the
Naval Discipline Act or
the Indian Navy
(Discipline) Act, or the
Air Force Act were
excluded.
— — 2 Repeal of Deleted
Enactments
2 Definitions 3 Interpretation Document u/s 2(1)(d)
Clause includes electronic and
digital records.
4 May presume, Evidence u/s 2(1)(e)
Shall presume, includes statements
Conclusive proof given electronically.

All words/ expressions

not defined herein has
been given the same
meaning as defined
under the Information
Technology Act, 2000,
BNSS and BNS. The
section is
comprehensive and
covers all words /
expressions in these
statutes instead of a
few expressions
defined in IT Act.
3 Evidence may be 5 Evidence may be No change
given of facts in given of facts in
issue and issue and
relevant facts relevant facts

Addition Deletion Alteration

148
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
4 Relevancy of 6 Relevancy of The principle of res
facts forming facts forming gestae is made
part of same part of same applicable both to fact in
transaction transaction issue and relevant fact
instead of fact in issue
only.
5 Facts which are 7 Facts which are Minor change
the occasion, the occasion,
cause or effect of cause or effect of
facts in issue or facts in issue
relevant facts
6 Motive, 8 Motive, No change
preparation preparation and
and previous or previous or
subsequent subsequent
conduct conduct
7 Facts necessary 9 Facts necessary Minor change
to explain or to explain or
introduce fact in introduce
issue or relevant facts
relevant facts
8 Things said or 10 Things said or No change
done by done by
conspirator in conspirator in
reference to reference to
common design common design
9 When facts not 11 When facts not No change
otherwise otherwise
relevant becomer relevant become
elevant relevant
10 Facts tending to 12 In suits for No change
enable Court to damages, facts
determine tending to
amount are enable Court to
relevant in suits determine
for damages amount are
relevant
11 Facts relevant 13 Facts relevant No change
when right or when right or
custom is in custom is in
question question

Addition Deletion Alteration

149
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
12 Facts showing 14 Facts showing No change
existence of existence of
state of mind, or state of mind, or
of body or of body or
bodily feeling bodily feeling
13 Facts bearing on 15 Facts bearing on No change
question question
whether act was whether act
accidental or was accidental
intentional or intentional
14 Existence of 16 Existence of No change
course of course of
business when business when
relevant relevant
15 Admission 17 Admission No change
defined defined
16 Admission by 18 Admission by No change
party to party to
proceeding or proceeding or
his agent his agent

17 Admissions by 19 Admissions by No change

persons whose persons whose
position must position must be
be proved as proved as
against party to against party to
suit suit
18 Admissions by 20 Admissions by No change
persons persons
expressly expressly
referred to by referred to by
party to suit party to suit

19 Proof of 21 Proof of No change

admissions admissions
against persons against persons
making them, making them,
and by or on and by or on
their behalf their behalf

Addition Deletion Alteration

150
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
20 When oral 22 When oral Both provisions are
admissions as to admissions as clubbed into one
contents of to contents of provision because
documents are documents are definition of document
relevant relevant already includes
22A When oral electronic records.
admissions as
to contents of
electronic
records are
relevant
21 Admissions in 23 Admissions in The words ‘Barrister’,
civil cases when civil cases when ‘Pleader’, ‘Attorney’,
relevant relevant ‘Vakil’ have been
deleted.
22 Confession 24 Confession All three provisions
caused by caused by have been clubbed.
inducement, inducement, Sections 28 and 29 of
threat or threat or IEA are added as
promise, when promise, when Provisos.
irrelevant in irrelevant in
criminal criminal ‘Coercion’ has been
proceeding proceeding added as a new
28 Confession ground rendering
made after confession irrelevant.
removal of
impression
caused by
inducement,
threat or
promise,
relevant
29 Confession
otherwise
relevant not to
become
irrelevant
because of
promise of
secrecy, etc.

Addition Deletion Alteration

151
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
23 Confession to 25 Confession to All three provisions
police officer police officer not have been clubbed.
to be proved
26 Confession by Explanation of the
accused while in term Magistrate
custody of Police deleted.
not to be proved
against him
27 How much of
information
received from
accused may be
proved

24 Consideration of 30 Consideration Explanation added

proved of proved which clarifies in a
confession confession case where a
affecting person affecting person proclaimed offender is
making it and making it and tried in absentia
others jointly others jointly (under section 356
under trial for under trial for BNSS) jointly with
same offence same offence other accused,
confession of one
accused may be used
against others
including the
proclaimed offender.

25 Admissions not 31 Admissions not No change

conclusive conclusive
proof, but may proof, but may
estop estop

26 Cases in which 32 Cases in which No change

statement of statement of
relevant fact by relevant fact by
person who is person who is
dead or cannot dead or cannot
be found, etc., is be found, etc., is
relevant relevant

Addition Deletion Alteration

152
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
27 Relevancy of 33 Relevancy of No change
certain evidence certain evidence
for proving, in for proving, in
subsequent subsequent
proceeding, the proceeding, the
truth of facts truth of facts
therein stated therein stated
28 Entries in books 34 Entries in books No change
of account when of account
relevant including those
maintained in an
electronic form
when relevant
29 Relevancy of 35 Relevancy of No change
entry in public entry in public
record or an record or an
electronic record electronic
made in record made in
performance of performance of
duty duty
30 Relevancy of 36 Relevancy of No change
statements in statements in
maps, charts maps, charts
and plans and plans
31 Relevancy of 37 Relevancy of The dated expressions
statement as to statement as to ‘Parliament of United
fact of public fact of public Kingdom’, ‘Provincial
nature, nature, Act’, ‘Crown Represen-
contained in contained in tative’, ‘Dominion’,
‘London Gazette’ have
certain Acts or certain Acts or
been deleted.
notifications notifications
Official gazette in
digital/electronic form
is admissible.
32 Relevancy of 38 Relevancy of Use of law books in
statements as to statements as to digital / electronic form
any law any law is admissible.
contained in law contained in law
books including books
electronic or
digital form

Addition Deletion Alteration

153
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
33 What evidence to 39 What evidence No change
be given when to be given when
statement forms statement forms
part of a part of a
conversation, conversation,
document, document,
electronic record, electronic record,
book or series of book or series of
letters or papers letters or papers
34 Previous 40 Previous No change
judgments judgments
relevant to bar relevant to bar
a second suit or a second suit or
trial trial
35 Relevancy of 41 Relevancy of A final judgment, order
certain certain or decree of Tribunal is
judgments in judgments in relevant. Previously the
probate, etc., probate, etc., relevancy was only of
jurisdiction jurisdiction final judgment, order or
decree of competent
court.
36 Relevancy and 42 Relevancy and No change
effect of effect of
judgments, judgments,
orders or orders or
decrees, other decrees, other
than those than those
mentioned in mentioned in
section 35 section 41
37 Judgments, etc., 43 Judgments, etc., No change
other than those other than those
mentioned in mentioned in
sections 34, 35 sections 40 to 42,
and 36 when when relevant
relevant
38 Fraud or 44 Fraud or No change
collusion in collusion in
obtaining obtaining
judgment, or judgment, or
incompetency of incompetency of
Court, may be Court, may be
proved
proved

Addition Deletion Alteration

154
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
39(1) Opinions of 45 Opinions of Along with the fields of
experts experts foreign law, science or
art, etc., experts from
any other field have
45A Opinion of been included.
39(2)
Examiner of
Electronic Provisions have been
Evidence clubbed.
40 Facts bearing 46 Facts bearing No change
upon opinions upon opinions
of experts of experts

41(1) Opinion as to 47 Opinion as to Provisions have been

hand-writing handwriting, clubbed.
and digital when relevant
signature, when 47A Opinion as to
relevant electronic
41(2) signature when
relevant

42 Opinion as to 48 Opinion as to No change

existence of existence of
general custom general custom
or right, when or right, when
relevant relevant
43 Opinion as to 49 Opinion as to No change
usages, tenets, usages, tenets,
etc., when etc., when
relevant relevant
44 Opinion on 50 Opinion on No change
relationship, relationship,
when relevant when relevant
45 Grounds of 51 Grounds of No change
opinion, when opinion, when
relevant relevant
46 In civil cases 52 In civil cases No change
character to character to
prove conduct prove conduct
imputed, imputed,
irrelevant irrelevant

Addition Deletion Alteration

155
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
47 In criminal cases 53 In criminal cases No change
previous good previous good
character character
relevant relevant
48 Evidence of 53A Evidence of No change
character or character or
previous sexual previous sexual
experience not experience not
relevant in relevant in
certain cases certain cases
49 Previous bad 54 Previous bad No change
character not character not
relevant, except relevant, except
in reply in reply
50 Character as 55 Character as No change
affecting affecting
damages damages
51 Fact judicially 56 Fact judicially No change
noticeable need noticeable need
not be proved not be proved
52 Facts of which 57 Facts of which The Court shall take
Court shall take Court must take judicial notice of the
judicial notice judicial notice following facts:
[Certain facts have
been added, while
others have been
deleted]
Addition:
 Laws having extra-
territorial
operation;
 International treaty,
agreement or
convention with
country or
countries by India,
or decisions made
by India at
international
associations or
other bodies;

Addition Deletion Alteration

156
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
 The seals of Courts
of Admiralty and
Maritime
Jurisdiction,
Notaries Public, and
all seals which any
person is authorised
to use by the
Constitution, or by
an Act of Parliament
or State
Legislatures, or
Regulations having
the force of law in
India;

Deletion:
 All public Acts
passed or hereafter
to be passed by
Parliament of the
United Kingdom,
and all local and
personal Acts
directed by
Parliament of the
United Kingdom to
be judicially noticed;
 Articles of War for
the Indian Army,
Navy or Air Force
 The course of
proceeding of
Parliament of the
United Kingdom.
 Everything
pertaining to English
Courts, attorney,
pleader, proctor,
vakil deleted.

Addition Deletion Alteration

157
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
53 Facts admitted 58 Facts admitted No change
need not be need not be
proved proved
54 Proof of facts by 59 Proof of facts by No change
oral evidence oral evidence
55 Oral evidence 60 Oral evidence No change
must be direct must be direct
56 Proof of contents 61 Proof of No change
of documents contents of
documents
57 Primary 62 Primary The ambit of Primary
Evidence evidence Evidence expanded to
include the following :–
 Digital electronic
record created or
stored
simultaneously or
sequentially in
multiple files, each
file is primary
evidence.
 Electronic record
produced from
proper custody if
not disputed.
 Video recording
simultaneously
stored, broadcasted
and transmitted to
another device. Each
of its stored
recording is primary
evidence.
 Electronic record
automatically stored
in a multiple storage
space in a computer
resource. Each
automated storage
is primary evidence.

Addition Deletion Alteration

158
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
58 Secondary 63 Secondary The ambit of
Evidence Evidence Secondary evidence
expanded to include the
following:
 oral admissions;
 written admissions,
and
 evidence provided
by a person who is
skilled in
examining certain
documents, which
being technical or
voluminous cannot
be conveniently
examined.
59 Proof of 64 Proof of No change
documents by documents by
primary primary
evidence evidence
60 Cases in which 65 Cases in which No change
secondary secondary
evidence evidence
relating to relating to
documents may documents
be given may be given
61 Electronic or — — New Provision
digital record
Digital or Electronic
records have the same
legal effect, validity and
enforceability as any
other document.

62 Special 65A Special No change

provisions as to provisions as
evidence to evidence
relating to relating to
electronic electronic
record record

Addition Deletion Alteration

159
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
63 Admissibility of 65B Admissibility  Electronic records
electronic of electronic copied in
records records semiconductor
memory shall be
considered in
addition to optical
or magnetic media.
 Electronic records
produced by any
communication
device or otherwise
stored, recorded or
copied in any
electronic form
(e.g., DVR, Flash
Drive, CD/ DVD,
Server, Cloud, etc.),
and not produced
by a computer only,
as was the case in
IEA shall be
considered.
 Computers or
communication
devices can be: -
 in standalone mode;
or
 on a computer
system; or
 on a computer
network; or
 on a computer
resource enabling
information
creation or
providing
information
processing and
storage; or

Addition Deletion Alteration

160
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
 through an
intermediary
THE THE SCHEDULE  Certificates to be
submitted along
SCHE- with electronic
DULE [Proforma of record at each
the two instance for
Certificates in admission.
Part A and B]  Earlier, a single
certificate signed by
a person-in-charge
of the computer or
management of
relevant activities
was sufficient. As
per this provision,
in addition to a
certificate signed by
the person-in-
charge of computer
or communication
device, another
certificate as
provided in the
Schedule to BSA
duly signed by an
expert must be
submitted. The
certificate shall
contain details such
as the kind of
device, model,
serial number,
colour, hash value,
etc.
 The expert’s
certificate ensures
authenticity of
electronic record
admitted in
evidence. Who is an

Addition Deletion Alteration

161
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
expert is not
defined in the
section. Section
79A, IT Act defines
‘Examiner of
electronic evidence’
as an expert. In
addition thereto,
section 39 BSA
permits opinion of
persons specially
skilled in ‘any
other field’ which
may include
electronic evidence
as expert evidence.
64 Rules as to 66 Rules as to The expression
notice to notice to “attorney or pleader”
produce produce has been deleted.
65 Proof of 67 Proof of No change
signature and signature and
handwriting of handwriting of
person alleged to person alleged
have signed or to have signed
written or written
document document
produced produced
66 Proof as to 67A Proof as to No change
electronic electronic
signature signature
67 Proof of 68 Proof of No change
execution of execution of
document document
required by law required by
to be attested law to be
attested
68 Proof where no 69 Proof where no The expression ‘or if
attesting attesting the document purports
witness found witness found to have been executed
in the United Kingdom’
deleted.

Addition Deletion Alteration

162
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
69 Admission of 70 Admission of No change
execution by execution by
party to attested party to attested
document document
70 Proof when 71 Proof when
No change
attesting witness attesting witness
denies the denies the
execution execution
71 Proof of 72 Proof of No change
document not document not
required by law required by law
to be attested to be attested
72 Comparison of 73 Comparison of
signature, No change
signature,
writing or seal writing or seal
with others with others
admitted or admitted or
proved proved
73 Proof as to 73A Proof as to No change
verification of verification of
digital signature digital signature
74 Public and 74 Public The words
Private Documents ‘Commonwealth
Documents documents’ have been
75 Private deleted from the
Documents definition of public
documents.
Documents kept in
Union Territories have
been added along
with States as public
documents.
75 Certified copies 76 Certified copies No change
of public of public
documents documents
76 Proof of 77 Proof of No change
documents by documents by
production of production of
certified copies certified copies

Addition Deletion Alteration

163
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
77 Proof of other 78 Proof of other  Acts, orders,
official official notifications in
documents documents Union territory
administration have
been added along
with Central
Government, State
Government, etc as
public documents
that may be proved.

 Proclamations,
orders or
Regulations issued
by the President of
India or the
Governor of a State
or the Administrator
or Lieutenant
Governor of a Union
territory, by copies or
extracts contained in
the Official Gazette
may be proved.

 Proclamations,
orders or regulations
issued by Her
Majesty or by the
Privy Council, or by
any department of
Her Majesty’s
Government, –– by
copies or extracts
contained in the
London Gazette, or
purporting to be
printed by the
Queen’s Printer;
[Deleted]

 The expression
“Crown
Representative” has
been deleted.

Addition Deletion Alteration

164
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
78 Presumption as 79 Presumption as No change
to genuineness of to genuineness
certified copies of certified
copies
79 Presumption as 80 Presumption as No change
to documents to documents
produced as produced as
record of record of
evidence, etc. evidence
80 Presumption as 81 Presumption as The dated expressions
to Gazettes, to Gazettes, ‘London
newspapers, and newspapers, Gazette’‘Government
other documents private Acts of Gazette of any colony’,
Parliament and ‘dependency or
other documents possession of the
British Crown’or ‘copy
of a private Act of
Parliament of the
United Kingdom
printed by the Queen’s
Printer’ deleted.

Documents to which
presumption under
this section applies
shall be treated to be
produced from ‘proper
custody’ if it is proved
that such document
has a legitimate origin.
81 Presumption as 81A Presumption as Electronic records to
to Gazettes in to Gazettes in which presumption
electro-nic or electronic forms under this section
digital record applies shall be treated
to be produced from
‘proper custody’ if it is
proved that such
electronic record has a
legitimate origin.

Addition Deletion Alteration

165
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
— — 82 Presumption as Deleted
to document
admissible in
England without
proof of seal or
signature
82 Presumption as 83 Presumption as No change
to maps or plans to maps or plans
made by made by
authority of authority of
Government Government
83 Presumption as 84 Presumption as No change
to collections of to collections of
laws and reports laws and reports
of decisions of decisions
84 Presumption as 85 Presumption as No change
to powers-of- to powers-of-
attorney attorney
85 Presumption as 85A Presumption as The words ‘or digital
to electronic to electronic signature’ have been
agreements agreements included along with
electronic signature.

86 Presumption as 85B Presumption as No change

to electronic to electronic
records and records and
electronic electronic
signatures signatures
87 Presumption as 85C Presumption as No change
to Electronic to Electronic
Signature Signature
Certificates Certificates
88 Presumption as 86 Presumption as The dated expression
to certified copies to certified copies ‘Her Majesty’ deleted.
of foreign judicial of foreign judicial
records records
89 Presumption as 87 Presumption as No change
to books, maps to books, maps
and charts and charts

Addition Deletion Alteration

166
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
___ ___
88 Presumption as Deleted
to telegraphic
messages
90 Presumption as 88A Presumption as No change
to electronic to electronic
messages messages
91 Presumption as 89 Presumption as No change
to due execution, to due execution,
etc., of etc., of
documents not documents not
produced produced
92 Presumption as 90 Presumption as Documents to which
to documents to documents presumption under
thirty years old thirty years old this section applies
shall be treated to be
produced from ‘proper
custody’ if it is proved
that such document
has a legitimate origin.
93 Presumption as 90A Presumption as Electronic records to
to electronic to electronic which presumption
records five records five under this section
years old years old applies shall be treated
to be produced from
‘proper custody’ if it is
proved that such
electronic record has a
legitimate origin.
94 Evidence of 91 Evidence of No change
terms of terms of
contracts, grants contracts, grants
and other and other
dispositions of dispositions of
property property
reduced to form reduced to form
of document of document
95 Exclusion of 92 Exclusion of No change
evidence of oral evidence of oral
agreement agreement

Addition Deletion Alteration

167
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
96 Exclusion of 93 Exclusion of No change
evidence to evidence to
explain or explain or
amend amend
ambiguous ambiguous
document document
97 Exclusion of 94 Exclusion of No change
evidence against evidence against
application of application of
document to document to
existing facts existing facts
98 Evidence as to 95 Evidence as to No change
document document
unmeaning unmeaning
reference to reference to
existing facts existing facts
99 Evidence as to 96 Evidence as to No change
application of application of
language which language which
can apply to one can apply to one
only of several only of several
persons persons
100 Evidence as to 97 Evidence as to No change
application of application of
language to one language to one
of two sets of of two sets of
facts, to neither facts, to neither
of which the of which the
whole correctly whole correctly
applies applies
101 Evidence as to 98 Evidence as to No change
meaning of meaning of
illegible illegible
characters, etc. characters, etc.
102 Who may give 99 Who may give No change
evidence of evidence of
agreement agreement
varying terms of varying terms of
document document

Addition Deletion Alteration

168
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
103 Saving of 100 Saving of No change
provisions of provisions of
Indian Indian
Succession Act Succession Act
relating to Wills relating to Wills
104 Burden of proof 101 Burden of proof No change
105 On whom 102 On whom No change
burden of proof burden of proof
lies lies
106 Burden of proof 103 Burden of proof No change
as to particular as to particular
fact fact
107 Burden of 104 Burden of
No change
proving fact to proving fact to
be proved to be proved to
make evidence make evidence
admissible admissible
108 Burden of 105 Burden of No change
proving that proving that
case of accused case of accused
comes within comes within
exceptions exceptions
109 Burden of 106 Burden of No change
proving fact proving fact
especially especially
within within
knowledge knowledge
110 Burden of 107 Burden of No change
proving death of proving death of
person known to person known to
have been alive have been alive
within thirty within thirty
years years
111 Burden of 108 Burden of No change
proving that proving that
person is alive person is alive
who has not who has not
been heard of for been heard of for
seven years seven years

Addition Deletion Alteration

169
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
112 Burden of proof 109 Burden of proof No change
as to relationship as to relationship
in the cases of in the cases of
partners, partners,
landlord and landlord and
tenant, principal tenant, principal
and agent and agent
113 Burden of proof 110 Burden of proof
as to ownership as to ownership No change
114 Proof of good 111 Proof of good
faith in faith in No change
transactions transactions
where one party where one party
is in relation of is in relation of
active confidence active confidence
115 Presumption as 111A Presumption as No change
to certain to certain
offences offences
116 Birth during 112 Birth during No change
marriage, marriage,
conclusive proof conclusive proof
of legitimacy of legitimacy
___ _____ 113 Proof of cession Deleted
of territory

117 Presumption as 113A Presumption as No change

to abetment of to abetment of
suicide by a suicide by a
married woman married woman
118 Presumption as 113B Presumption as No change
to dowry death to dowry death
119 Court may 114 Court may No change
presume presume
existence of existence of
certain facts certain facts
120 Presumption as 114A Presumption as to No change
to absence of absence of consent
consent in certain in certain
prosecution for
prosecution for rape
rape

Addition Deletion Alteration

170
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
121 Estoppel 115 Estoppel No change
122 Estoppel of 116 Estoppel of No tenant of immovable
tenants and of tenant; and of property, or person
licensee of licensee of claiming through such
person in person in tenant, shall, during the
possession possession continuance of the
tenancy or any time
thereafter, be permitted
to deny that the
landlord of such tenant
had, at the beginning of
the tenancy, a title to
such immovable
property. The
expression “or any time
thereafter” has been
added.
123 Estoppel of 117 Estoppel of No change
acceptor of bill acceptor of bill
of exchange, of exchange,
bailee or licensee bailee or licensee
124 Who may testify 118 Who may testify The word “lunatic” has
been replaced by
“person of unsound
mind”.
125 Witness unable 119 Witness unable No change
to communicate to communicate
verbally verbally
126 Competency of 120 Competency of No change
husband and husband and
wife as wife as
witnesses in witnesses in
certain cases certain cases
127 Judges and 121 Judges and No change
Magistrates Magistrates
128 Communications 122 Communications No change
during marriage during marriage
129 Evidence as to 123 Evidence as to No change
affairs of State affairs of State
130 Official 124 Official No change
communications communications

Addition Deletion Alteration

171
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
131 Information as 125 Information as No change
to commission of to commission
offences of offences
132 Professional 126 Professional The words ‘Barrister’,
communications communications ‘Attorney’, ‘Pleader ’,
‘Vakil’ deleted.
127 Section 126 to
apply to
interpreters,
etc.
133 Privilege not 128 Privilege not The words ‘Barrister’,
waived by waived by ‘Attorney’, ‘Pleader ’,
volunteering volunteering ‘Vakil’ deleted.
evidence evidence
134 Confidential 129 Confidential No change
communication communication
with legal with legal
advisers advisers
135 Production of 130 Production of No change
title-deeds of title-deeds of
witness not a witness not a
party party
136 Production of 131 Production of No change
documents or documents or
electronic electronic
records which records which
another person, another person,
having having
possession, possession,
would refuse to could refuse to
produce produce
137 Witness not 132 Witness not No change
excused from excused from
answering on answering on
ground that ground that
answer will answer will
criminate criminate

Addition Deletion Alteration

172
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
138 Accomplice 133 Accomplice An accomplice shall be
a competent witness
against an accused
person; and a
conviction is not illegal
if it proceeds upon the
corroborated
testimony of an
accomplice. This
removes the
inconsistency with
illustration (b) in
section 114 IEA
(presently section 119
BSA).

139 Number of 134 Number of No change

witnesses witnesses
140 Order of 135 Order of No change
production and production and
examination of examination of
witnesses witnesses
141 Judge to decide 136 Judge to decide as No change
as to to admissibility
admissibility of of evidence
evidence
142 Examination of 137 Examination-in- No change
witnesses chief
143 Order of 138 Order of No change
examinations examinations
144 Cross- 139 Cross- No change
examination of examination of
person called to person called to
produce a produce a
document document
145 Witnesses to 140 Witnesses to No change
character character

Addition Deletion Alteration

173
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
146 Leading 141 Leading All the three
questions questions provisions pertaining
142 When they must to leading questions
not be asked have been clubbed.
143 When they may
be asked.
147 Evidence as to 144 Evidence as to No change
matters in matters in
writing writing
148 Cross- 145 Cross- No change
examination as examination as
to previous to previous
statements in statements in
writing writing
149 Questions lawful 146 Questions lawful No change
in cross- in cross-
examination examination
150 When witness to 147 When witness to No change
be compelled to be compelled to
answer answer
151 Court to decide 148 Court to decide No change
when question when question
shall be asked shall be asked
and when and when
witness witness
compelled to compelled to
answer answer
152 Question not to 149 Question not to No change
be asked be asked without
without reasonable
reasonable grounds
grounds
153 Procedure of 150 Procedure of The words ‘Barrister’,
Court in case of Court in case of ‘Attorney’, ‘Pleader’,
question being question being ‘Vakil’ deleted.
asked without asked without
reasonable reasonable
grounds grounds
154 Indecent and 151 Indecent and No change
scandalous scandalous
questions questions

Addition Deletion Alteration

174
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
155 Questions 152 Questions No change
intended to intended to
insult or annoy insult or annoy
156 Exclusion of 153 Exclusion of No change
evidence to evidence to
contradict contradict
answers to answers to
questions testing questions testing
veracity veracity
157 Question by 154 Question by No change
party to his own party to his own
witness witness
158 Impeaching 155 Impeaching No change
credit of witness credit of witness
159 Questions 156 Questions No change
tending to tending to
corroborate corroborate
evidence of evidence of
relevant fact, relevant fact,
admissible admissible
160 Former 157 Former No change
statements of statements of
witness may be witness may be
proved to proved to
corroborate later corroborate later
testimony as to testimony as to
same fact same fact
161 What matters 158 What matters No change
may be proved may be proved
in connection in connection
with proved with proved
statement statement
relevant under relevant under
section 26 or 27 section 32 or 33
162 Refreshing 159 Refreshing No change
memory memory
163 Testimony to 160 Testimony to
No change
facts stated in facts stated in
document document
mentioned in mentioned in
section 162 section 159

Addition Deletion Alteration

175
 The Bharatiya Sakshya The Indian Evidence
Adhiniyam, 2023 Act, 1872 Comment
Section Heading Section Heading
165 Production of 162 Production of Courts not allowed to
documents documents demand production of
any communication
between ministers and
President of India.
166 Giving, as 163 Giving, as No change
evidence, of evidence, of
document called document called
for and produced for and produced
on notice on notice
167 Using, as 164 Using, as No change
evidence, of evidence, of
document document
production of production of
which was which was
refused on notice refused on notice
168 Judge’s power to 165 Judge’s power to No change
put questions or put questions or
order production order production
____ _____ 166 Power of jury or Deleted
assessors to put
questions
169 No new trial for 167 No new trial for No change
improper improper
admission or admission or
rejection of rejection of
evidence evidence
170 Repeal and ____ _____ IEA repealed but
Savings pending proceedings
shall continue under
the repealed law.

Addition Deletion Alteration

176