CrPC 331→BNSS 370

CrPC 331 to BNSS 370: Resumption of inquiry or trial

Section 331 CrPC (1973) replaced by Section 370 BNSS (2023)

View CrPC Section 331 →View BNSS Section 370 →

CrPC 331 to BNSS 370 at a Glance

Section 331 CrPC (Resumption of inquiry or trial) is now Section 370 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 331 to BNSS 370?

Section 331 CrPC and Section 370 BNSS have the same heading and the same text, except for renumbered cross-references. Section 370(1) BNSS refers to Section 367 BNSS and Section 368 BNSS where Section 331(1) CrPC referred to Section 328 CrPC and Section 329 CrPC. Section 370(2) BNSS refers to Section 369 BNSS where Section 331(2) CrPC referred to Section 330 CrPC.

CrPC 331 vs BNSS 370: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section331370
HeadingResumption of inquiry or trialSame
Sub-sections2 sub-sectionsSame
Cross-referencess.328, s.330s.367, s.369

CrPC 331 and BNSS 370: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 331, CrPC 1973

331. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
BNSS 2023 (in force)

Section 370, BNSS 2023

370. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

When It Applies: CrPC 331 vs BNSS 370

Under CrPC 331
  1. Where an inquiry or a trial is postponed under Section 328 CrPC or Section 329 CrPC, the Magistrate or Court, as the case may be, may resume it under Section 331(1) CrPC.
  2. The Magistrate or Court may do so at any time after the person concerned has ceased to be of unsound mind, and may require the accused to appear or be brought before it.
  3. Section 331(2) CrPC applies when the accused has been released under Section 330 CrPC and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints in this behalf.
  4. The certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.
Under BNSS 370
  1. Where an inquiry or a trial is postponed under Section 367 BNSS or Section 368 BNSS, the Magistrate or Court, as the case may be, may resume it under Section 370(1) BNSS.
  2. The Magistrate or Court may do so at any time after the person concerned has ceased to be of unsound mind, and may require the accused to appear or be brought before it.
  3. Section 370(2) BNSS applies when the accused has been released under Section 369 BNSS and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints in this behalf.
  4. The certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.

What CrPC 331 to BNSS 370 Means in Practice

A reader of Section 370(1) BNSS looks to Section 367 BNSS and Section 368 BNSS for the postponement, and a reader of Section 370(2) BNSS looks to Section 369 BNSS for the release, where a reader of Section 331 CrPC looked to Section 328 CrPC, Section 329 CrPC and Section 330 CrPC.

FAQs: CrPC 331 to BNSS 370

Did the conditions for resuming an inquiry or trial change from Section 331 CrPC to Section 370 BNSS?▼

Section 370(1) BNSS has the same text as Section 331(1) CrPC, except that it refers to Section 367 BNSS and Section 368 BNSS where Section 331(1) CrPC referred to Section 328 CrPC and Section 329 CrPC.

Did the rule on the certificate of the appointed officer change from Section 331(2) CrPC to Section 370(2) BNSS?▼

Section 370(2) BNSS has the same text as Section 331(2) CrPC, except that it refers to Section 369 BNSS where Section 331(2) CrPC referred to Section 330 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: 20 Oct 2026 ·