CrPC 237→BNSS 260

CrPC 237 to BNSS 260: Procedure in cases instituted under section 199(2)

Section 237 CrPC (1973) replaced by Section 260 BNSS (2023)

View CrPC Section 237 →View BNSS Section 260 →

CrPC 237 to BNSS 260 at a Glance

Section 237 CrPC (Procedure in cases instituted under section 199(2)) is now Section 260 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 237 to BNSS 260?

Section 260 BNSS replaced Section 237 CrPC from 1 July 2024. Section 260(4) BNSS reads compensation to such amount not exceeding five thousand rupees where Section 237(4) CrPC read compensation to such amount not exceeding one thousand rupees. Section 260(1) BNSS refers to Section 222(2) BNSS where Section 237(1) CrPC referred to Section 199(2) CrPC, and the heading of Section 260 BNSS refers to Section 222(2) BNSS where the heading of Section 237 CrPC referred to Section 199(2) CrPC. The rest of the text is the same.

CrPC 237 vs BNSS 260: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section237260
HeadingProcedure in cases instituted under section 199(2)Procedure in cases instituted under sub-section (2) of section 222
Sub-sections8 sub-sectionsSame
Cross-referencess.199s.222

CrPC 237 and BNSS 260: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 237, CrPC 1973

237. Procedure in cases instituted under section 199(2).—(1) A Court of Session taking cognizance of an offence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate. (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
BNSS 2023 (in force)

Section 260, BNSS 2023

260. Procedure in cases instituted under sub-section (2) of section 222.—(1) A Court of Session taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate. (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

When It Applies: CrPC 237 vs BNSS 260

Under CrPC 237
  1. Under Section 237(1) CrPC, a Court of Session taking cognizance of an offence under Section 199(2) CrPC shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate.
  2. Under the proviso to Section 237(1) CrPC, the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
  3. Under Section 237(2) CrPC, every trial under Section 237 CrPC shall be held in camera if either party so desires or if the Court thinks fit so to do.
  4. Under Section 237(3) CrPC, where in any such case the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, the Court may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed, other than the President, Vice-President or the Governor of a State or the Administrator of a Union territory, to show cause why that person should not pay compensation to such accused or to each or any of such accused, when there are more than one.
  5. Under Section 237(4) CrPC, the Court shall record and consider any cause which may be shown by the person so directed, and if the Court is satisfied that there was no reasonable cause for making the accusation, the Court may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as the Court may determine, be paid by such person to the accused or to each or any of them.
  6. Under Section 237(5) CrPC, compensation awarded under Section 237(4) CrPC shall be recovered as if it were a fine imposed by a Magistrate.
  7. Under Section 237(6) CrPC, no person who has been directed to pay compensation under Section 237(4) CrPC shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under Section 237 CrPC.
  8. Under the proviso to Section 237(6) CrPC, any amount paid to an accused person under Section 237 CrPC shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
  9. Under Section 237(7) CrPC, the person who has been ordered under Section 237(4) CrPC to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
  10. Under Section 237(8) CrPC, when an order for payment of compensation to an accused person is made, the compensation shall not be paid to the accused person before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.
Under BNSS 260
  1. Under Section 260(1) BNSS, a Court of Session taking cognizance of an offence under Section 222(2) BNSS shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate.
  2. Under the proviso to Section 260(1) BNSS, the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
  3. Under Section 260(2) BNSS, every trial under Section 260 BNSS shall be held in camera if either party so desires or if the Court thinks fit so to do.
  4. Under Section 260(3) BNSS, where in any such case the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, the Court may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed, other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory, to show cause why that person should not pay compensation to such accused or to each or any of such accused, when there are more than one.
  5. Under Section 260(4) BNSS, the Court shall record and consider any cause which may be shown by the person so directed, and if the Court is satisfied that there was no reasonable cause for making the accusation, the Court may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as the Court may determine, be paid by such person to the accused or to each or any of them.
  6. Under Section 260(5) BNSS, compensation awarded under Section 260(4) BNSS shall be recovered as if it were a fine imposed by a Magistrate.
  7. Under Section 260(6) BNSS, no person who has been directed to pay compensation under Section 260(4) BNSS shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under Section 260 BNSS.
  8. Under the proviso to Section 260(6) BNSS, any amount paid to an accused person under Section 260 BNSS shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
  9. Under Section 260(7) BNSS, the person who has been ordered under Section 260(4) BNSS to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
  10. Under Section 260(8) BNSS, when an order for payment of compensation to an accused person is made, the compensation shall not be paid to the accused person before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

Time Limits: CrPC 237 to BNSS 260

Under CrPC 237
  • Under Section 237(8) CrPC, the compensation shall not be paid before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.Act text: “the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided”
Under BNSS 260
  • Under Section 260(8) BNSS, the compensation shall not be paid before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.Act text: “the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided”

What CrPC 237 to BNSS 260 Means in Practice

From 1 July 2024, the text of Section 237 CrPC is found in Section 260 BNSS. Section 260(4) BNSS reads five thousand rupees where Section 237(4) CrPC read one thousand rupees.

FAQs: CrPC 237 to BNSS 260

What amount does Section 260(4) BNSS read where Section 237(4) CrPC read one thousand rupees?▼

Section 260(4) BNSS reads compensation to such amount not exceeding five thousand rupees where Section 237(4) CrPC read compensation to such amount not exceeding one thousand rupees.

Which section does Section 260(1) BNSS cite where Section 237(1) CrPC cited Section 199(2) CrPC?▼

Section 260(1) BNSS cites Section 222(2) BNSS. The heading of Section 222 BNSS is Prosecution for defamation, the same as the heading of Section 199 CrPC.

Did the in camera, appeal and payment rules differ between Section 237 CrPC and Section 260 BNSS?▼

Section 260(2) BNSS, Section 260(7) BNSS and Section 260(8) BNSS have the same words as Section 237(2) CrPC, Section 237(7) CrPC and Section 237(8) 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: 22 Oct 2026 ·