CrPC 238→BNSS 261

CrPC 238 to BNSS 261: Compliance with section 207

Section 238 CrPC (1973) replaced by Section 261 BNSS (2023)

View CrPC Section 238 →View BNSS Section 261 →

CrPC 238 to BNSS 261 at a Glance

Section 238 CrPC (Compliance with section 207) is now Section 261 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 238 to BNSS 261?

From 1 July 2024, Section 238 of the Code of Criminal Procedure, 1973 is found in Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 261 BNSS refers to Section 230 BNSS, in its heading and in its text, where Section 238 CrPC referred to Section 207 CrPC. The rest of the text is the same.

CrPC 238 vs BNSS 261: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section238261
HeadingCompliance with section 207Compliance with section 230
Cross-referencess.207s.230

CrPC 238 and BNSS 261: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 238, CrPC 1973

238. Compliance with section 207.—When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.
BNSS 2023 (in force)

Section 261, BNSS 2023

261. Compliance with section 230.—When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.

When It Applies: CrPC 238 vs BNSS 261

Under CrPC 238
  1. Section 238 CrPC applies in any warrant-case instituted on a police report.
  2. It applies when the accused appears or is brought before a Magistrate at the commencement of the trial.
  3. The Magistrate shall satisfy himself that he has complied with the provisions of Section 207 CrPC.
Under BNSS 261
  1. Section 261 BNSS applies in any warrant-case instituted on a police report.
  2. It applies when the accused appears or is brought before a Magistrate at the commencement of the trial.
  3. The Magistrate shall satisfy himself that he has complied with the provisions of Section 230 BNSS.

What CrPC 238 to BNSS 261 Means in Practice

Section 261 BNSS speaks of compliance with Section 230 BNSS where Section 238 CrPC spoke of compliance with Section 207 CrPC.

FAQs: CrPC 238 to BNSS 261

What is the difference between Section 238 CrPC and Section 261 BNSS?▼

Section 261 BNSS has the same text as Section 238 CrPC, except that it refers to Section 230 BNSS, in the heading and in the text, where Section 238 CrPC referred to Section 207 CrPC.

Which section does Section 261 BNSS refer to?▼

Section 230 BNSS. Section 238 CrPC referred to Section 207 CrPC.

Is the Magistrate's duty different in Section 261 BNSS?▼

Section 261 BNSS and Section 238 CrPC both provide that the Magistrate shall satisfy himself that he has complied with the provisions of the section they cite, which is Section 230 BNSS in the first and Section 207 CrPC in the second.

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 ·