CrPC 209→BNSS 232

CrPC 209 to BNSS 232: Commitment of case to Court of Session when offence is triable exclusively by it

Section 209 CrPC (1973) replaced by Section 232 BNSS (2023)

View CrPC Section 209 →View BNSS Section 232 →

CrPC 209 to BNSS 232 at a Glance

Section 209 CrPC (Commitment of case to Court of Session when offence is triable exclusively by it) is now Section 232 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 209 to BNSS 232?

Section 209 of the Code of Criminal Procedure, 1973 is found in Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 232(a) BNSS refers to Section 230 BNSS and Section 231 BNSS where Section 209(a) CrPC referred to Section 207 CrPC and Section 208 CrPC, and has no counterpart to the words as the case may be. Section 232(a) BNSS and Section 232(b) BNSS read this Sanhita where Section 209(a) CrPC and Section 209(b) CrPC read this Code. Section 232 BNSS adds a first proviso on a period of ninety days from the date of taking cognizance, which may be extended for a period not exceeding one hundred and eighty days, and a second proviso on applications filed before the Magistrate.

CrPC 209 vs BNSS 232: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section209232
HeadingCommitment of case to Court of Session when offence is triable exclusively by itSame
Cross-referencess.207s.230

CrPC 209 and BNSS 232: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 209, CrPC 1973

209. Commitment of case to Court of Session when offence is triable exclusively by it.—When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Session.
BNSS 2023 (in force)

Section 232, BNSS 2023

232. Commitment of case to Court of Session when offence is triable exclusively by it.—When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Session: Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing: Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.

When It Applies: CrPC 209 vs BNSS 232

Under CrPC 209
  1. Section 209 CrPC applies when, in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate.
  2. Section 209 CrPC applies when it appears to the Magistrate that the offence is triable exclusively by the Court of Session.
  3. Under Section 209(a) CrPC, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 207 CrPC or Section 208 CrPC, as the case may be.
  4. Under Section 209(c) CrPC, the Magistrate shall send to the Court of Session the record of the case and the documents and articles, if any, which are to be produced in evidence.
  5. Under Section 209(d) CrPC, the Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session.
Under BNSS 232
  1. Section 232 BNSS applies when, in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate.
  2. Section 232 BNSS applies when it appears to the Magistrate that the offence is triable exclusively by the Court of Session.
  3. Under Section 232(a) BNSS, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 230 BNSS or Section 231 BNSS.
  4. Under Section 232(c) BNSS, the Magistrate shall send to the Court of Session the record of the case and the documents and articles, if any, which are to be produced in evidence.
  5. Under Section 232(d) BNSS, the Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session.
  6. The second proviso to Section 232 BNSS reads that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session shall be forwarded to the Court of Session with the committal of the case.

Time Limits: CrPC 209 to BNSS 232

Under CrPC 209
  • Under Section 209(a) CrPC, subject to the provisions of this Code relating to bail, the Magistrate shall remand the accused to custody until such commitment has been made.Act text: “subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made”
  • Under Section 209(b) CrPC, subject to the provisions of this Code relating to bail, the Magistrate shall remand the accused to custody during, and until the conclusion of, the trial.Act text: “subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial”
Under BNSS 232
  • The first proviso to Section 232 BNSS reads that the proceedings under Section 232 BNSS shall be completed within a period of ninety days from the date of taking cognizance.Act text: “the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance”
  • The first proviso reads that the period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing.Act text: “such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing”
  • Under Section 232(a) BNSS, subject to the provisions of this Sanhita relating to bail, the Magistrate shall remand the accused to custody until such commitment has been made.Act text: “subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made”

What CrPC 209 to BNSS 232 Means in Practice

From 1 July 2024, Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the section for commitment of a case to the Court of Session where Section 209 of the Code of Criminal Procedure, 1973 was. Section 232 BNSS has a first proviso naming a period of ninety days from the date of taking cognizance, and a second proviso on forwarding to the Court of Session an application filed before the Magistrate.

FAQs: CrPC 209 to BNSS 232

Which section of the BNSS replaced Section 209 CrPC from 1 July 2024?▼

Section 209 of the Code of Criminal Procedure, 1973 is found in Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 209 CrPC has no sub-sections, and maps as a whole to Section 232 BNSS.

What period does Section 232 BNSS add that Section 209 CrPC does not have?▼

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds a first proviso, which reads that the proceedings under Section 232 BNSS shall be completed within a period of ninety days from the date of taking cognizance, and that such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing. Section 209 of the Code of Criminal Procedure, 1973 has no counterpart.

What does Section 232 BNSS add on applications filed before the Magistrate?▼

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds a second proviso, which reads that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session shall be forwarded to the Court of Session with the committal of the case. Section 209 of the Code of Criminal Procedure, 1973 has no counterpart.

How do the clauses differ between Section 209 CrPC and Section 232 BNSS?▼

Section 232(a) BNSS refers to Section 230 BNSS and Section 231 BNSS where Section 209(a) CrPC referred to Section 207 CrPC and Section 208 CrPC, and has no counterpart to the words as the case may be. Section 232(a) BNSS and Section 232(b) BNSS read this Sanhita where Section 209(a) CrPC and Section 209(b) CrPC read this Code. Section 232(c) BNSS and Section 232(d) BNSS have the same words as Section 209(c) CrPC and Section 209(d) CrPC.

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: 26 Oct 2026 ·