The Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and Code of Criminal Procedure, 1973 (2 of 1974)

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 Description
The general laws relating to Criminal Justice System i.e. criminal procedure, penal code and evidence law have been replaced by the new Sanhitas and Adhiniyam. The new laws that are the Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 which will come into force from 01 July 2024, while reforming procedure and substantive laws also pose challenges before various duty holders and professionals for effective and efficient adaptation. Making it further complex, the cases or proceedings pending before 01 July 2024, are suppose to continue as per the earlier law by effect of a deeming saving clause. Resultantly, the Courts, Legal Professionals, Police and all the relevant stakeholders will have to apply two laws and refer to distinct provisions in their day to day working.
To help in this process, it will be essential to refer to the old law, understand what has been repealed or substituted and what has been added. To help in this process, this compilation or edited version, provides for a comparative analysis of the earlier laws and new laws. The provisions dealing with same or similar subject or procedure have been provided side by side for easy comparison and analysis.
To help understand changes brought by the new laws, emphasis by way of underlining or bold with italics have been added.
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Table of Contents
Code of Criminal Procedure, 1973 (2 of 1974)
I.      Preliminary (section 1-5)
II.     Constitution of Criminal Courts and Offices (section 6-25A)
III.    Power of Courts (section 26-35)
IV. A - Powers of Superior Officers of Police (Ss. 36-40)
     B - Aid to the Magistrates and the Police
V.    Arrest of Persons (Ss. 41-60A)
VI.   Processes to Compel Appearance (Ss. 61-90)
    A - Summons
    B - Warrant of Arrest
    C - Proclamation and Attachment
    D - Other Rules Regarding Processes
VII.    Processes to Compel the Production of Things (Ss. 91-105)
    A - Summons to Produce
    B - Search-warrants
    C - General Provisions Relating to Searches
    D - Miscellaneous
VII-A. Reciprocal Arrangements for Assistance in Certain Matters and Procedure for
          Attachment and forfeiture of Property (Ss. 105A-105L)
VIII.   Security for keeping the Peace and for Good Behaviour (Ss. 106-124)
IX.     Order for Maintenance of wives Children and Parents (Ss. 125-128)
X.      Maintenance of Public order and Tranquility (Ss. 129-148)
    A - Unlawful Assemblies
    B - Public Nuisances
    C - Urgent Cases of Nuisance or Apprehended Danger
    D - Disputes as to Immovable Property
XI.    Preventive Action of the Police (Ss. 149-153)
XII.   Information to the Police and their Powers to Investigate (Ss. 154-176)
XIII.  Jurisdiction of the Criminal Courts in Inquiries and Trials (Ss. 177-189)
XIV.  Conditions Requisite for Initiation of Proceedings (Ss. 190-199)
XV.   Complaints to Magistrates (Ss. 200-203)
XVI.  Commencement of Proceedings before Magistrates (Ss. 204-210)
XVII.  The Charge (Ss. 211-224)
    A - Form of Charges
    B - Joiner of Charges
XVIII.  Trial before a Court of Session (Ss. 225-237)
XIX.   Trial of Warrant--cases by Magistrates (Ss. 238-250)
    A - Cases Instituted on a Police Report
    B - Cases Instituted otherwise than on Police Report
    C - Conclusion of Trial
XX.    Trial of Summons-cases by Magistrates (Ss. 251-259)   
XXI.   Summary Trials (Ss. 260-265)
XXIA. Plea Bargaining (Ss. 265A-265L)
XXII.  Attendance of Persons Confined or Detained in Prisons (Ss. 266-271)
XXIII. Evidence in Inquiries and Trials (Ss. 272-299)
    A - Mode of Taking and Recording Evidence
    B - Commissions for the Examination of Witnesses
XXIV. General Provisions as to Enquiries and Trials (Ss. 300-327)
XXV.  Provisions as to accused persons of unsound mind (Ss. 328-339)
XXVI.  Provisions as to Offences Affecting the Administration of Justice (Ss. 340-352)
XXVII.  The Judgment (Ss. 353-365)
XXVIII.  Submission of Death Sentences for Confirmation (Ss. 366-371)
XXIX.  Appeals (Ss. 372-394)
XXX.   Reference and Revision (Ss. 395-405)
XXXI.  Transfer of Criminal Cases (Ss. 406-412)
XXXII. Execution, Suspension,Remission and Commutation of Sentences (Ss. 413-435)
    A - Death Sentences
    B - Imprisonment
    C - Levy of Fine
    D - General Provisions Regarding Execution
    E - Suspension, Remission and Commutation of Sentences
XXXIII.  Provisions as to Bail and Bonds (Ss. 436-450)
XXXIV. Disposal of Property (Ss. 451-459)
XXXV.  Irregular Proceedings (Ss. 460-466)
XXXVI.  Limitation for Taking Cognizance of Certain offences (Ss. 467-473)
XXXVII. Miscellaneous (Ss. 474-484)
The first Schedule -- Classification of Offences
Second Schedule -- Forms
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)
Chapter 1. Preliminary
Chapter 2. Constitution of Criminal Courts and Offices
Chapter 3. Power Of Courts
Chapter 4. Powers of Superior Officers of Police and AID to the Magistrates and the Police
Chapter 5. Arrest of Persons
Chapter 6. Process to Compel Appearance
Chapter 7. Processes to Compel the Production of Things
Chapter 8. Reciprocal Arrangements for Assistance in Certain Matters and Procedure of Property
Chapter 9. Security for Keeping the Peace and for Good Behaviour
Chapter 10. Order for Maintenance of Wives, Children and Parents
Chapter 11. Maintenance of Public Order and Tranquality 
Chapter 12. Preventive Action of the Police
Chapter 13. Information to the Police and their Powers to Investigate
Chapter 14. Jurisdiction of the Criminal Courts in Inquiries and Trials
Chapter 15. Conditions Requisite for Initiation of Proceedings
Chapter 16. Complaints to Magistrates
Chapter 17. Commencement of Proceedings before Magistrates
Chapter 18. The Charge
Chapter 19. Trial Before a Court of Session
Chapter 20. Trial of Warrant - Cases by Magistrates
Chapter 21. Trial of Summons - Cases by Magistrates
Chapter 22. Summary Trials
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Author Details
Bharat P. Maheshwari is a retired Principal District and Sessions Judge of the Higher Judicial Services in Madhya Pradesh.
He has authored several books on legal subjects, particularly focusing on major criminal laws. After retirement in the year 2015, he served as the Law Officer to the Hon'ble Governor of Madhya Pradesh for five years.