CrPC ↔ BNSS quick map
The Executive Magistrate's toolkit, old number to new: 107→126, 133→152, 144→163, 145→164, 176→196. Three traps: CrPC 144A (arms in processions) has no BNSS equivalent, CrPC 153 is gone, and BNSS 144 is maintenance (old 125) — not the curfew section.
Draft — unverifiedSOURCES (2)
- CrPC–BNSS Comparative Table (insaaf99.com PDF), cross-checked with PIB comparative analysis
- Bharatiya Nagarik Suraksha Sanhita, 2023 (in force 1 July 2024)
How to use this card. Everyone in the field — police included — still speaks the old numbers; you must write the new ones. When a police calendar or a senior says a CrPC number, find it in the middle column and draft with the right-hand one. The notes column carries the working detail you most often need at the moment of drafting: the clock, the forum, or the trap. In force since 1 July 2024; anything drafted with a CrPC number after that date is defective on its face.
| Subject | CrPC 1973 | BNSS 2023 | Notes / traps |
|---|---|---|---|
| Executive Magistrates — appointment; DM, ADM, SDM; EM powers on Commissioner of Police | 20 | 14 | = SDM under s.14(4); in commissionerate cities the CP exercises EM powers, displacing the RDO for those functions |
| Special Executive Magistrates | 21 | 15 | Commonly conferred on police officers for defined areas/functions |
| Local jurisdiction of EMs | 22 | 16 | — |
| Subordination of EMs | 23 | 17 | All EMs (except ADM) under the DM; within a , under the SDM |
| Arrest by or in presence of a Magistrate | 44 | 41 | — |
| Search for persons wrongfully confined | 97 | 100 | DM/SDM/JMFC issues the search warrant |
| Restoration of abducted females | 98 | 101 | — |
| Magistrate may direct search in his presence | 103 | 108 | — |
| Security for keeping the peace (bind-over) | 107 | 126 | Bond up to 1 year; the workhorse before elections and festivals |
| Security — persons disseminating certain matters | 108 | 127 | “Seditious” reworded to “certain” matters; bond up to 3 years |
| Security — suspected persons | 109 | 128 | Bond up to 3 years |
| Security — habitual offenders | 110 | 129 | Rowdy-sheeter section; bond up to 3 years |
| Show-cause order to be made | 111 | 130 | Must state substance of information, bond amount, term, sureties — the order most often quashed for vagueness |
| Procedure — person present / not present | 112, 113 | 131, 132 | — |
| Copy of order with summons/warrant; dispensing with attendance | 114, 115 | 133, 134 | — |
| Inquiry as to truth of information | 116 | 135 | 6-month limit or lapse; interim bond possible |
| Order to give security | 117 | 136 | — |
| Discharge | 118 | 137 | — |
| Bond commencement, contents, rejecting sureties | 119–121 | 138–140 | — |
| Imprisonment in default; release; unexpired bond | 122–124 | 141–143 | DM confirmation needed beyond limits |
| Dispersal of assembly by civil force | 129 | 148 | Any EM or ; minimum force, warning first, your presence on record |
| Use of armed forces to disperse | 130 | 149 | Only the highest-ranking EM present may requisition |
| Armed-force officers’ power to disperse | 131 | 150 | Only when no EM can be contacted |
| Protection for dispersal acts | 132 | 151 | No prosecution without government sanction |
| Public nuisance — conditional order | 133 | 152 | Encroachments on public ways, dangerous structures, harmful trades |
| Service of order | 134 | 153 | — |
| Obey or show cause; penalty | 135, 136 | 154, 155 | — |
| Public right denied | 137 | 156 | Stay for civil court unless denial frivolous |
| Show-cause procedure; local investigation/expert | 138–140 | 157–159 | — |
| Order made absolute; disobedience | 141 | 160 | No appeal; revision under 438 only |
| Injunction pending inquiry | 142 | 161 | Interim relief inside nuisance proceedings |
| Prohibiting repetition of nuisance | 143 | 162 | — |
| Urgent orders — apprehended danger (“144”) | 144 | 163 | Written order stating material facts; ex parte allowed; 2 months’ life, State may extend to 6; expressly covers electronic communication |
| Land/water dispute likely to breach peace | 145 | 164 | Decide possession on date of preliminary order only — never title; forcible dispossession within prior 2 months counts as possession |
| Attachment; receiver | 146 | 165 | Emergency, or no party in possession |
| Right-of-user disputes | 147 | 166 | Easements, irrigation turns |
| Local inquiry (land disputes) | 148 | 167 | — |
| Police preventive arrest | 151 | 170 | Feeds your s.126 bind-over during |
| Police | 174 | 194 | Report to DM/SDM within 24 hours; post-mortem mandatory for a woman’s suicide/suspicious death within 7 years of marriage |
| Summoning inquest witnesses | 175 | 195 | — |
| Magisterial inquiry into cause of death; exhumation; custodial death | 176 | 196 | 196(2): mandatory inquiry for death/disappearance/rape in custody; 196(4): exhumation; 196(6): body to civil surgeon within 24 hours unless reasons recorded |
| Appeal from security orders | 373 | 414 | To the Sessions Judge — the only regular appeal from EM orders |
| Revision | 397 | 438 | The general challenge route for EM orders |
| Making over / withdrawal of EM cases | 411 | 451 | — |
Traps
- CrPC 144A is gone. The specific power to prohibit carrying arms in processions and mass drills has no BNSS equivalent — reach that mischief through the general s.163 power and the Arms Act.
- BNSS 144 is not “144”. BNSS 144 is maintenance of wives, children and parents (old CrPC 125). The curfew/prohibitory power is BNSS 163. Never let the old habit put “144” in an order.
- CrPC 153 is gone. Police inspection of weights and measures was omitted — that field is purely Legal Metrology now.
- Custodial-death inquiries: CrPC 176(1A) named the Judicial Magistrate; BNSS 196(2) says only “the Magistrate”. Prevailing practice and NHRC guidance still route these to the Judicial Magistrate — follow practice unless the State instructs otherwise, and flag the nuance rather than assuming the file is yours.
- The clocks are the quashing grounds: 6 months on the 135 inquiry, 2 months on a 163 order, 24 hours on the 194 report. Diary them the day proceedings open.