BNSS vs CrPC: the Key Changes Every Litigant Should Know (2026)

Explainer · BNSS vs CrPC · Procedure

Updated for 2026 · Claw Editorial

Procedure is where a criminal case is won or lost in practice: the FIR, the arrest, the remand, the chargesheet, and the bail application. On 1 July 2024, the Code of Criminal Procedure was replaced by the Bharatiya Nagarik Suraksha Sanhita, so every one of those steps now has a new section number and, in several places, a new rule. This guide explains how the BNSS differs from the CrPC, gives a verified mapping of the most-used sections, and sets out what every litigant should know. Last verified October 2026.

01Why the procedure changes matter most

Most people meet the criminal justice system through procedure, not through the definition of the crime. Whether the police must register an FIR, whether an arrest was lawful, how long custody can last, and when bail can be sought are the questions that decide a person’s liberty day to day.

The BNSS kept the shape of the old CrPC but moved almost every section and changed the rules in important places. A lawyer who files a bail application under the wrong number, or who misses a new timeline, can prejudice a client. And because old cases continue under the CrPC, both codes are in daily use at once. For the full reform, see the new criminal laws overview.

02BNSS vs CrPC: the basics

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 on 1 July 2024. The BNSS has 531 sections. The old CrPC had around 484 sections, so the new code is a little larger and renumbered throughout.

Three themes run through the changes. First, procedure is more digital: electronic FIRs, electronic service, and video recording are built in. Second, forensics and timelines are strengthened for serious offences. Third, some rights and safeguards were re-stated, including provisions on handcuffing, on information about arrest, and on the rights of victims. The substance of many sections survives, but the number and sometimes the detail changed.

03The most-used CrPC to BNSS section mappings

The table maps the CrPC sections practitioners use most to their BNSS equivalents. Each has been checked against the published text. Always read the full BNSS section, because several carry new sub-sections, timelines, or conditions.

One mapping to watch is the undertrial-detention rule. The old CrPC 436A, which let an undertrial seek release after serving half the maximum sentence, moves to BNSS Section 479, with changes for first-time and repeat offenders. Read the new section carefully, because the conditions are not identical.

04What actually changed in the BNSS

Beyond the renumbering, several BNSS changes affect how a case runs.

Zero FIR and electronic filing

The FIR provision, now BNSS Section 173, expressly allows a zero FIR (registration at any police station regardless of jurisdiction) and information given electronically. There is also a provision for a preliminary inquiry in certain cases before registration.

Forensics for serious offences

For offences carrying seven years or more, the BNSS requires a forensic expert to visit the crime scene and collect evidence. This is meant to raise the quality of investigation and the reliability of evidence at trial.

Timelines

The BNSS sets time limits at several steps, including for medical examination reports, for framing of charge, and for pronouncing judgment after trial. The aim is to cut delay, though practice will show how strictly the timelines hold.

Trial in absentia and victim rights

The BNSS provides for trial of a proclaimed absconder in absentia in defined situations, and strengthens a victim’s right to be heard and informed. Procedure around summons, warrants, and electronic service was also updated.

The BNSS is the CrPC rebuilt for a digital, time-bound process. The steps are familiar; the numbers, the timelines, and the technology are new.

05What a litigant should do

• Use the new number from the start. File bail and other petitions under the correct BNSS section. Keep the section converter and a CrPC-to-BNSS note handy.
• Diarise the new timelines. Missing a BNSS deadline can cost a right or a remedy.
• Check which code applies. The date of the offence decides whether the CrPC or the BNSS governs. See will old IPC and CrPC cases continue.
• Remember the other two codes. The IPC became the BNS and the Evidence Act became the BSA. See BNS vs IPC and BSA vs the Evidence Act.

06Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Procedure runs on dates and deadlines, and a case can span many hearings across different forums. Claw is built for exactly that side of the work. You can track live cases across 9,102 courts, benches and forums, with automatic updates, cause lists, and WhatsApp and email alerts, so a new BNSS timeline or a next hearing does not slip. You can also search 30 crore+ judgments by section, party or advocate, with results in under 5 seconds, which helps when you need authority under both the CrPC and the BNSS.

Claw does not give legal advice and does not use customer case documents to train AI models. See also case search across Indian courts.

07Sources and further reading

• Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code): indiacode.nic.in
• Ministry of Home Affairs: mha.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. Section mappings are a practical aid, not a substitute for reading the current text. Check the official text and take advice from counsel for any specific case.

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