Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023
What the exam tests
This domain tests the criminal process from registration of information to bail, trial and appeal. Since 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 (531 sections) has replaced the Code of Criminal Procedure, 1973 (484 sections), but the older Code still governs pending cases, so both numbering schemes must be known.
Core rules and mapping
- First information: Section 154 CrPC is now Section 173 BNSS; it permits electronic filing, with the informant's signature to be obtained within three days.
- Magisterial direction to investigate: Section 156(3) CrPC is Section 175(3) BNSS.
- Statements to police: Section 161 CrPC is Section 180 BNSS; confessions before a Magistrate move from Section 164 to Section 183 BNSS.
- Remand and default bail: Section 167 CrPC is Section 187 BNSS, with the 60-day and 90-day ceilings preserved.
- Bail: Sections 437 and 439 CrPC become Section 480 BNSS; anticipatory bail moves from Section 438 to Section 482 BNSS.
- Maintenance: Section 125 CrPC becomes Section 144 BNSS; compounding moves from Section 320 to Section 359 BNSS; inherent powers from Section 482 to Section 528 BNSS.
New BNSS features
Section 35(3) forbids arrest of a woman after sunset and before sunrise save with the First Class Magistrate's prior permission; Section 173(3) allows a preliminary enquiry within fourteen days for offences punishable between three and seven years; Section 479 provides release of a first-time undertrial who has served one-third of the maximum sentence; Section 105 provides for videography of search and seizure.
Worked example
A is arrested for an offence punishable with ten years. The charge-sheet must be filed within ninety days; if it is filed on the ninety-first day the indefeasible right to default bail under Section 187 BNSS has already crystallised, and an incomplete charge-sheet does not defeat it.
Traps
Statements recorded under Section 161 are not substantive evidence but can be used to contradict a witness; anticipatory bail is not confined to non-bailable offences simpliciter; and Section 528 BNSS cannot be used to review an interlocutory order.