CrPC 202→BNSS 225

CrPC 202 to BNSS 225: Postponement of issue of process

Section 202 CrPC (1973) replaced by Section 225 BNSS (2023)

View CrPC Section 202 →View BNSS Section 225 →

CrPC 202 to BNSS 225 at a Glance

Section 202 CrPC (Postponement of issue of process) is now Section 225 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 202 to BNSS 225?

Section 202 of the Code of Criminal Procedure, 1973 became Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The substantive rule governing the postponement of the issue of process, the Magistrate's inquiry, and the direction for investigation is unchanged across all sub-sections. Every difference between Section 202 CrPC and Section 225 BNSS is a change of form. In Section 225(1) BNSS, the cross-reference to Section 192 CrPC becomes Section 212 BNSS, and the cross-reference in Section 225(1)(b) BNSS to Section 200 CrPC becomes Section 223 BNSS. In Section 225(3) BNSS, the word Code is replaced with Sanhita.

CrPC 202 vs BNSS 225: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section202225
HeadingPostponement of issue of processSame
Sub-sections3 sub-sectionsSame
Cross-referencess.192, s.200s.212, s.223

CrPC 202 and BNSS 225: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 202, CrPC 1973

202. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.
BNSS 2023 (in force)

Section 225, BNSS 2023

225. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.

When It Applies: CrPC 202 vs BNSS 225

Under CrPC 202
  1. Under Section 202(1) of the Code of Criminal Procedure, 1973, a Magistrate who receives a complaint for an offence he is authorised to take cognizance of, or one transferred to him under Section 192 CrPC, may, if he thinks fit, delay issuing process against the accused to decide whether or not there is sufficient ground for proceeding.
  2. Where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, Section 202(1) CrPC states that the Magistrate shall postpone the issue of process and either conduct an inquiry himself or order an investigation by a police officer or by such other person as he thinks fit.
  3. The proviso to Section 202(1) CrPC limits the power to order an investigation by stating that no such direction shall be made if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, or, for a complaint not made by a Court, before the complainant and the witnesses present, if any, have been examined on oath under Section 200 CrPC.
  4. During an inquiry conducted under Section 202(2) CrPC, the Magistrate may, if he thinks fit, record witness testimony on oath, though the proviso to Section 202(2) CrPC states that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
  5. When a person who is not a police officer conducts an investigation ordered under Section 202(1) CrPC, Section 202(3) CrPC provides that he shall have all the investigation powers that the Code confers on an officer in charge of a police station, except the power to arrest without warrant.
Under BNSS 225
  1. Under Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate who receives a complaint of an offence he is authorised to take cognizance of, or one transferred to him under Section 212 BNSS, may, if he thinks fit, delay issuing process against the accused to decide whether or not there is sufficient ground for proceeding.
  2. Where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, Section 225(1) BNSS states that the Magistrate shall postpone the issue of process and either conduct an inquiry himself or order an investigation by a police officer or by such other person as he thinks fit.
  3. The proviso to Section 225(1) BNSS limits the power to order an investigation by stating that no such direction shall be made if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, or, for a complaint not made by a Court, before the complainant and the witnesses present, if any, have been examined on oath under Section 223 BNSS.
  4. During an inquiry conducted under Section 225(2) BNSS, the Magistrate may, if he thinks fit, record witness testimony on oath, though the proviso to Section 225(2) BNSS states that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
  5. When a person who is not a police officer conducts an investigation ordered under Section 225(1) BNSS, Section 225(3) BNSS provides that he shall have all the investigation powers that the Sanhita confers on an officer in charge of a police station, except the power to arrest without warrant.

What CrPC 202 to BNSS 225 Means in Practice

Because all changes between Section 202 of the Code of Criminal Procedure, 1973 and Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are changes of form, the legal procedure is unchanged. A Magistrate still has discretion to postpone the issue of process if he thinks fit, and still shall postpone process where the accused resides beyond the area of the Magistrate's jurisdiction. The bars on directing an investigation, the rules on examining witnesses on oath, and the powers of a non-police investigator remain identical.

FAQs: CrPC 202 to BNSS 225

Did Section 225 BNSS change the rule on postponing process when the accused lives outside the Magistrate's jurisdiction?▼

No. The rule is unchanged between Section 202(1) of the Code of Criminal Procedure, 1973 and Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, where the accused is residing at a place beyond the area in which the Magistrate exercises his jurisdiction, the Magistrate shall postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to decide whether or not there is sufficient ground for proceeding.

What cross-references changed between Section 202 CrPC and Section 225 BNSS?▼

In Section 225(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the reference to a complaint made over to the Magistrate under Section 192 of the Code of Criminal Procedure, 1973 is updated to Section 212 BNSS. In the proviso in Section 225(1)(b) BNSS, the reference to examining the complainant and the witnesses present on oath under Section 200 CrPC is updated to Section 223 BNSS. Both updates are changes of form reflecting the renumbering of sections in the Sanhita.

Did Section 225 BNSS change the rules for offences triable exclusively by the Court of Session?▼

No. Both Section 202 of the Code of Criminal Procedure, 1973 and Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 apply the same rules where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session. Under Section 202(1)(a) CrPC and Section 225(1)(a) BNSS, no direction for investigation shall be made, and under the proviso to Section 202(2) CrPC and Section 225(2) BNSS, the Magistrate shall call upon the complainant to produce all his witnesses and examine them on oath.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·