CrPC 332→BNSS 371

CrPC 332 to BNSS 371: Procedure on accused appearing before Magistrate or Court

Section 332 CrPC (1973) replaced by Section 371 BNSS (2023)

View CrPC Section 332 →View BNSS Section 371 →

CrPC 332 to BNSS 371 at a Glance

Section 332 CrPC (Procedure on accused appearing before Magistrate or Court) is now Section 371 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 332 to BNSS 371?

Section 332 of the Code of Criminal Procedure, 1973 is found in Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 371(1) BNSS has the same text as Section 332(1) CrPC. Section 371(2) BNSS refers to Section 367 BNSS, Section 368 BNSS and Section 369 BNSS where Section 332(2) CrPC referred to Section 328 CrPC, Section 329 CrPC and Section 330 CrPC.

CrPC 332 vs BNSS 371: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section332371
HeadingProcedure on accused appearing before Magistrate or CourtSame
Sub-sections2 sub-sectionsSame
Cross-referencess.328, s.330s.367, s.369

CrPC 332 and BNSS 371: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 332, CrPC 1973

332. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 330.
BNSS 2023 (in force)

Section 371, BNSS 2023

371. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.

When It Applies: CrPC 332 vs BNSS 371

Under CrPC 332
  1. Under Section 332(1) CrPC, when the accused appears or is again brought before the Magistrate or Court and the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.
  2. Under Section 332(2) CrPC, if the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 328 CrPC or Section 329 CrPC, as the case may be.
  3. Under Section 332(2) CrPC, if the accused is found to be of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall deal with such accused in accordance with the provisions of Section 330 CrPC.
Under BNSS 371
  1. Under Section 371(1) BNSS, when the accused appears or is again brought before the Magistrate or Court and the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.
  2. Under Section 371(2) BNSS, if the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 367 BNSS or Section 368 BNSS, as the case may be.
  3. Under Section 371(2) BNSS, if the accused is found to be of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall deal with such accused in accordance with the provisions of Section 369 BNSS.

What CrPC 332 to BNSS 371 Means in Practice

From 1 July 2024, a Magistrate or Court looks to Section 371 BNSS where Section 332 CrPC applied before. Section 371 BNSS has the same text as Section 332 CrPC apart from the section numbers it refers to.

FAQs: CrPC 332 to BNSS 371

Where is Section 332 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 332 of the Code of Criminal Procedure, 1973 is found in Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 332(1) CrPC is found in Section 371(1) BNSS and Section 332(2) CrPC is found in Section 371(2) BNSS.

Did the test for proceeding with the inquiry or trial change between Section 332(1) CrPC and Section 371(1) BNSS?▼

Section 371(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 332(1) of the Code of Criminal Procedure, 1973. Under both, when the accused appears or is again brought before the Magistrate or Court, as the case may be, and the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

Why do the section numbers in Section 332(2) CrPC and Section 371(2) BNSS differ?▼

Section 371(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to Section 367 BNSS, Section 368 BNSS and Section 369 BNSS where Section 332(2) of the Code of Criminal Procedure, 1973 referred to Section 328 CrPC, Section 329 CrPC and Section 330 CrPC. The rest of the text is the same.

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 ·