CrPC 265A→BNSS 289

CrPC 265A to BNSS 289: Application of the Chapter

Section 265A CrPC (1973) replaced by Section 289 BNSS (2023)

View CrPC Section 265A →View BNSS Section 289 →

CrPC 265A to BNSS 289 at a Glance

Section 265A CrPC (Application of the Chapter) is now Section 289 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 265A to BNSS 289?

Section 265A of the Code of Criminal Procedure, 1973 is found in Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 289(1)(a) BNSS refers to Section 193 BNSS where Section 265A(1)(a) CrPC referred to Section 173 CrPC. Section 289(1)(b) BNSS refers to Section 223 BNSS and Section 227 BNSS where Section 265A(1)(b) CrPC referred to Section 200 CrPC and Section 204 CrPC. Section 289(1) BNSS reads a woman, or a child, where Section 265A(1) CrPC read a woman, or a child below the age of fourteen years. Under Section 2(2) BNSS, child has the meaning in Section 2(3) BNS, a person below eighteen years. The rest of the text is the same.

CrPC 265A vs BNSS 289: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section265A289
HeadingApplication of the ChapterApplication of Chapter
Sub-sections2 sub-sectionsSame
Cross-referencess.173, s.200s.193, s.223

CrPC 265A and BNSS 289: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 265A, CrPC 1973

265A. Application of the Chapter.—(1) This Chapter shall apply in respect of an accused against whom— (a) the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.
BNSS 2023 (in force)

Section 289, BNSS 2023

289. Application of Chapter.—(1) This Chapter shall apply in respect of an accused against whom— (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

When It Applies: CrPC 265A vs BNSS 289

Under CrPC 265A
  1. Section 265A(1)(a) CrPC applies in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under Section 173 CrPC alleging therein that an offence appears to have been committed by him, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force.
  2. Section 265A(1)(b) CrPC applies in respect of an accused where a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force, and after examining complainant and witnesses under Section 200 CrPC, issued the process under Section 204 CrPC.
  3. Section 265A(1)(b) CrPC ends with the words but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.
  4. Section 265A(2) CrPC says that for the purposes of Section 265A(1) CrPC, the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.
Under BNSS 289
  1. Section 289(1)(a) BNSS applies in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under Section 193 BNSS alleging therein that an offence appears to have been committed by him, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force.
  2. Section 289(1)(b) BNSS applies in respect of an accused where a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force, and after examining complainant and witnesses under Section 223 BNSS, issued the process under Section 227 BNSS.
  3. Section 289(1)(b) BNSS ends with the words but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.
  4. Section 289(2) BNSS says that for the purposes of Section 289(1) BNSS, the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

What CrPC 265A to BNSS 289 Means in Practice

Section 289(2) BNSS reads as Section 265A(2) CrPC reads. The cross-references in Section 289(1)(a) BNSS and Section 289(1)(b) BNSS name Section 193 BNSS, Section 223 BNSS and Section 227 BNSS.

FAQs: CrPC 265A to BNSS 289

Which BNSS section is Section 265A CrPC from 1 July 2024?▼

Section 289 BNSS. Section 265A(1) CrPC is found in Section 289(1) BNSS, Section 265A(1)(a) CrPC is found in Section 289(1)(a) BNSS, Section 265A(1)(b) CrPC is found in Section 289(1)(b) BNSS and Section 265A(2) CrPC is found in Section 289(2) BNSS.

Which sections do the cross-references in Section 289(1) BNSS name?▼

Section 289(1)(a) BNSS names Section 193 BNSS, where Section 265A(1)(a) CrPC named Section 173 CrPC. Section 289(1)(b) BNSS names Section 223 BNSS and Section 227 BNSS, where Section 265A(1)(b) CrPC named Section 200 CrPC and Section 204 CrPC.

How do the closing words of Section 289(1)(b) BNSS differ from Section 265A(1)(b) CrPC?▼

Section 289(1) BNSS reads a woman, or a child, where Section 265A(1) CrPC read a woman, or a child below the age of fourteen years. Under Section 2(2) BNSS, child has the meaning in Section 2(3) BNS, a person below eighteen years.

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 ·