Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita
CrPC, 1973 / BNSS, 2023 tests the criminal process from information to trial and appeal. The BNSS replaced the CrPC from 1 July 2024, so learn corresponding provisions and old section numbers used in case law.
Investigation and arrest
Information about a cognizable offence is recorded under s.154 CrPC / s.173 BNSS. If the police refuse, the informant may approach the Superintendent of Police and then the Magistrate under s.156(3) CrPC / s.175(3) BNSS. Arrest safeguards include grounds, memo, medical examination and production before a Magistrate within 24 hours. For offences punishable with less than seven years, BNSS s.35 requires notice of appearance unless arrest is necessary.
Bail and trial
Bail is governed by ss.437-439 CrPC / ss.480-483 BNSS. Default bail arises if investigation is not completed within 60 or 90 days, as applicable, under s.167(2) CrPC / s.187(3) BNSS. After charge, the trial follows examination of witnesses, defence evidence and arguments.
Worked example
A FIR alleges cheating. The police file a closure report. The Magistrate may accept it, direct further investigation, or take cognizance on a protest petition. The Magistrate cannot ordinarily monitor the investigation or issue a blanket direction to arrest.
Traps
Section 156(3) does not lie for a non-cognizable offence. Default bail is not defeated by a defective chargesheet filed after the period. A Magistrate's power to direct investigation is not a power to evaluate evidence at the pre-cognizance stage. Remember BNSS renumbering.