CrPC 343→BNSS 382

CrPC 343 to BNSS 382: Procedure of Magistrate taking cognizance

Section 343 CrPC (1973) replaced by Section 382 BNSS (2023)

View CrPC Section 343 →View BNSS Section 382 →

CrPC 343 to BNSS 382 at a Glance

Section 343 CrPC (Procedure of Magistrate taking cognizance) is now Section 382 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 343 to BNSS 382?

Section 343 of the Code of Criminal Procedure, 1973 is found in Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 382(1) BNSS refers to Section 379 BNSS, Section 380 BNSS and Chapter XVI where Section 343(1) CrPC referred to Section 340 CrPC, Section 341 CrPC and Chapter XV. Section 382(2) BNSS has the same text as Section 343(2) CrPC.

CrPC 343 vs BNSS 382: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section343382
HeadingProcedure of Magistrate taking cognizanceSame
Sub-sections2 sub-sectionsSame
Cross-referencess.340s.379

CrPC 343 and BNSS 382: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 343, CrPC 1973

343. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made under section 340 or section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
BNSS 2023 (in force)

Section 382, BNSS 2023

382. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

When It Applies: CrPC 343 vs BNSS 382

Under CrPC 343
  1. Under Section 343(1) CrPC, the section applies to a Magistrate to whom a complaint is made under Section 340 CrPC or Section 341 CrPC.
  2. Under Section 343(1) CrPC, such Magistrate shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
  3. Under Section 343(2) CrPC, where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Under BNSS 382
  1. Under Section 382(1) BNSS, the section applies to a Magistrate to whom a complaint is made under Section 379 BNSS or Section 380 BNSS.
  2. Under Section 382(1) BNSS, such Magistrate shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
  3. Under Section 382(2) BNSS, where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

What CrPC 343 to BNSS 382 Means in Practice

From 1 July 2024, a Magistrate to whom a complaint is made looks to Section 382 BNSS where Section 343 CrPC applied before. Section 382 BNSS has the same text as Section 343 CrPC apart from the section and Chapter numbers it refers to.

FAQs: CrPC 343 to BNSS 382

Where is Section 343 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 343 of the Code of Criminal Procedure, 1973 is found in Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 343(1) CrPC is found in Section 382(1) BNSS and Section 343(2) CrPC is found in Section 382(2) BNSS.

Did the power to adjourn pending an appeal change between Section 343(2) CrPC and Section 382(2) BNSS?▼

Section 382(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 343(2) of the Code of Criminal Procedure, 1973. Under both, the Magistrate may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

Why do the section and Chapter numbers in Section 343(1) CrPC and Section 382(1) BNSS differ?▼

Section 382(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to Section 379 BNSS, Section 380 BNSS and Chapter XVI where Section 343(1) of the Code of Criminal Procedure, 1973 referred to Section 340 CrPC, Section 341 CrPC and Chapter XV. 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 ·