CrPC 242→BNSS 265

CrPC 242 to BNSS 265: Evidence for prosecution

Section 242 CrPC (1973) replaced by Section 265 BNSS (2023)

View CrPC Section 242 →View BNSS Section 265 →

CrPC 242 to BNSS 265 at a Glance

Section 242 CrPC (Evidence for prosecution) is now Section 265 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 242 to BNSS 265?

Section 265 BNSS has the same heading as Section 242 CrPC, from 1 July 2024. Section 265(1) BNSS refers to Section 264 BNSS where Section 242(1) CrPC referred to Section 241 CrPC. Section 265(3) BNSS adds a further proviso: the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 242 CrPC has no counterpart to that further proviso. The rest of the text is the same.

CrPC 242 vs BNSS 265: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section242265
HeadingEvidence for prosecutionSame
Sub-sections3 sub-sectionsSame
Cross-referencess.241s.264

CrPC 242 and BNSS 265: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 242, CrPC 1973

242. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses: Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
BNSS 2023 (in force)

Section 265, BNSS 2023

265. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses: Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.

When It Applies: CrPC 242 vs BNSS 265

Under CrPC 242
  1. Section 242(1) CrPC applies if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 241 CrPC.
  2. In that case, Section 242(1) CrPC provides that the Magistrate shall fix a date for the examination of witnesses.
  3. Under the proviso to Section 242(1) CrPC, the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.
  4. Under Section 242(2) CrPC, the Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing the witness to attend or to produce any document or other thing.
  5. Under Section 242(3) CrPC, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.
  6. Under the proviso to Section 242(3) CrPC, the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
Under BNSS 265
  1. Section 265(1) BNSS applies if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 264 BNSS.
  2. In that case, Section 265(1) BNSS provides that the Magistrate shall fix a date for the examination of witnesses.
  3. Under the proviso to Section 265(1) BNSS, the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.
  4. Under Section 265(2) BNSS, the Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing the witness to attend or to produce any document or other thing.
  5. Under Section 265(3) BNSS, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.
  6. Under the proviso to Section 265(3) BNSS, the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
  7. Under the further proviso to Section 265(3) BNSS, the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government.

Time Limits: CrPC 242 to BNSS 265

Under CrPC 242
  • Under the proviso to Section 242(1) CrPC, the Magistrate shall supply the statement of witnesses to the accused in advance.Act text: “Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.”
  • Under Section 242(3) CrPC, the Magistrate shall proceed to take the evidence produced in support of the prosecution on the date so fixed.Act text: “On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution”
Under BNSS 265
  • Under the proviso to Section 265(1) BNSS, the Magistrate shall supply the statement of witnesses to the accused in advance.Act text: “Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.”
  • Under Section 265(3) BNSS, the Magistrate shall proceed to take the evidence produced in support of the prosecution on the date so fixed.Act text: “On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution”

What CrPC 242 to BNSS 265 Means in Practice

From 1 July 2024, the text of Section 242 CrPC is found in Section 265 BNSS. Section 265(3) BNSS has a further proviso on audio-video electronic means, and Section 242 CrPC has no counterpart to it.

FAQs: CrPC 242 to BNSS 265

Which BNSS section replaced Section 242 CrPC?▼

From 1 July 2024, Section 242 CrPC is found in Section 265 BNSS. Section 242(1) CrPC is found in Section 265(1) BNSS, Section 242(2) CrPC in Section 265(2) BNSS and Section 242(3) CrPC in Section 265(3) BNSS.

What does the further proviso to Section 265(3) BNSS add to Section 242(3) CrPC?▼

Section 265(3) BNSS adds a further proviso: the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 242 CrPC has no counterpart to that further proviso.

Which section does Section 265(1) BNSS cite where Section 242(1) CrPC cited Section 241 CrPC?▼

Section 265(1) BNSS cites Section 264 BNSS. The heading of Section 264 BNSS is Conviction on plea of guilty, the same as the heading of Section 241 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 ·