CrPC 259→BNSS 282

CrPC 259 to BNSS 282: Power of Court to convert summons-cases into warrant-cases

Section 259 CrPC (1973) replaced by Section 282 BNSS (2023)

View CrPC Section 259 →View BNSS Section 282 →

CrPC 259 to BNSS 282 at a Glance

Section 259 CrPC (Power of Court to convert summons-cases into warrant-cases) is now Section 282 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 259 to BNSS 282?

From 1 July 2024, Section 259 of the Code of Criminal Procedure, 1973 is replaced by Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading is the same. Section 282 BNSS reads the manner provided by this Sanhita for the trial of warrant-cases where Section 259 CrPC read the manner provided by this Code for the trial of warrant-cases. The rest of the text is the same.

CrPC 259 vs BNSS 282: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section259282
HeadingPower of Court to convert summons-cases into warrant-casesSame

CrPC 259 and BNSS 282: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 259, CrPC 1973

259. Power of Court to convert summons-cases into warrant-cases.—When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may re-call any witness who may have been examined.
BNSS 2023 (in force)

Section 282, BNSS 2023

282. Power of Court to convert summons-cases into warrant-cases.—When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.

When It Applies: CrPC 259 vs BNSS 282

Under CrPC 259
  1. Section 259 CrPC applies when, in the course of the trial of a summons-case, it appears to the Magistrate that the offence should be tried in accordance with the procedure for the trial of warrant-cases.
  2. Section 259 CrPC applies to a summons-case relating to an offence punishable with imprisonment for a term exceeding six months.
  3. Section 259 CrPC applies when it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases.
  4. In that case the Magistrate may proceed to re-hear the case in the manner provided by the Code for the trial of warrant-cases.
  5. The Magistrate may also re-call any witness who may have been examined.
Under BNSS 282
  1. Section 282 BNSS applies when, in the course of the trial of a summons-case, it appears to the Magistrate that the offence should be tried in accordance with the procedure for the trial of warrant-cases.
  2. Section 282 BNSS applies to a summons-case relating to an offence punishable with imprisonment for a term exceeding six months.
  3. Section 282 BNSS applies when it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases.
  4. In that case the Magistrate may proceed to re-hear the case in the manner provided by the Sanhita for the trial of warrant-cases.
  5. The Magistrate may also recall any witness who may have been examined.

What CrPC 259 to BNSS 282 Means in Practice

Section 259 CrPC and Section 282 BNSS both have the Magistrate proceed to re-hear the case in the manner provided for the trial of warrant-cases, in a summons-case relating to an offence punishable with imprisonment for a term exceeding six months. Each refers to its own Act by name in that phrase.

FAQs: CrPC 259 to BNSS 282

Which provision replaces Section 259 CrPC from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 259 CrPC is found in Section 282 BNSS. Neither section has sub-sections, and the heading is the same, Power of Court to convert summons-cases into warrant-cases.

What is the difference in wording between Section 282 BNSS and Section 259 CrPC?▼

Section 282 BNSS reads the manner provided by this Sanhita for the trial of warrant-cases where Section 259 CrPC read the manner provided by this Code for the trial of warrant-cases. The rest of the text is the same.

Does the six month condition differ in Section 282 BNSS?▼

No. Section 282 BNSS and Section 259 CrPC both apply to a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, when it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases.

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: 21 Oct 2026 ·