CrPC 233→BNSS 256

CrPC 233 to BNSS 256: Entering upon defence

Section 233 CrPC (1973) replaced by Section 256 BNSS (2023)

View CrPC Section 233 →View BNSS Section 256 →

CrPC 233 to BNSS 256 at a Glance

Section 233 CrPC (Entering upon defence) is now Section 256 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 233 to BNSS 256?

From 1 July 2024, Section 233 of the Code of Criminal Procedure, 1973 is found in Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Entering upon defence. Section 256(1) BNSS refers to Section 255 BNSS where Section 233(1) CrPC referred to Section 232 CrPC. The rest of the text is the same.

CrPC 233 vs BNSS 256: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section233256
HeadingEntering upon defenceSame
Sub-sections3 sub-sectionsSame
Cross-referencess.232s.255

CrPC 233 and BNSS 256: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 233, CrPC 1973

233. Entering upon defence.—(1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
BNSS 2023 (in force)

Section 256, BNSS 2023

256. Entering upon defence.—(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

When It Applies: CrPC 233 vs BNSS 256

Under CrPC 233
  1. Section 233(1) CrPC applies where the accused is not acquitted under Section 232 CrPC.
  2. If the accused puts in any written statement, the Judge shall file it with the record.
  3. If the accused applies for process to compel the attendance of any witness or the production of any document or thing, the Judge shall issue the process unless the Judge considers, for reasons to be recorded, that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
Under BNSS 256
  1. Section 256(1) BNSS applies where the accused is not acquitted under Section 255 BNSS.
  2. If the accused puts in any written statement, the Judge shall file it with the record.
  3. If the accused applies for process to compel the attendance of any witness or the production of any document or thing, the Judge shall issue the process unless the Judge considers, for reasons to be recorded, that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

What CrPC 233 to BNSS 256 Means in Practice

Section 256(1) BNSS speaks of an accused who is not acquitted under Section 255 BNSS, and Section 233(1) CrPC speaks of an accused who is not acquitted under Section 232 CrPC.

FAQs: CrPC 233 to BNSS 256

What is the difference between Section 233 CrPC and Section 256 BNSS?▼

Section 256 BNSS has the same heading and the same text as Section 233 CrPC, except that Section 256(1) BNSS refers to Section 255 BNSS where Section 233(1) CrPC referred to Section 232 CrPC.

Which section does Section 256(1) BNSS refer to?▼

Section 255 BNSS, headed Acquittal. Section 233(1) CrPC referred to Section 232 CrPC, also headed Acquittal.

Is the text of Section 233(2) CrPC and Section 233(3) CrPC different in Section 256 BNSS?▼

No. Section 256(2) BNSS and Section 256(3) BNSS have the same text as Section 233(2) CrPC and Section 233(3) 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 ·