CrPC 390→BNSS 431

CrPC 390 to BNSS 431: Arrest of accused in appeal from acquittal

Section 390 CrPC (1973) replaced by Section 431 BNSS (2023)

View CrPC Section 390 →View BNSS Section 431 →

CrPC 390 to BNSS 431 at a Glance

Section 390 CrPC (Arrest of accused in appeal from acquittal) is now Section 431 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 390 to BNSS 431?

Section 390 CrPC became Section 431 BNSS from 1 July 2024. The heading is the same. The text is the same except that Section 431 BNSS refers to Section 419 BNSS where Section 390 CrPC referred to Section 378 CrPC.

CrPC 390 vs BNSS 431: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section390431
HeadingArrest of accused in appeal from acquittalSame
Cross-referencess.378s.419

CrPC 390 and BNSS 431: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 390, CrPC 1973

390. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
BNSS 2023 (in force)

Section 431, BNSS 2023

431. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

When It Applies: CrPC 390 vs BNSS 431

Under CrPC 390
  1. Section 390 CrPC applies when an appeal is presented under Section 378 CrPC.
  2. The High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court.
  3. The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.
Under BNSS 431
  1. Section 431 BNSS applies when an appeal is presented under Section 419 BNSS.
  2. The High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court.
  3. The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

What CrPC 390 to BNSS 431 Means in Practice

From 1 July 2024 the provision on the arrest of the accused in an appeal from acquittal is found in Section 431 BNSS. It refers to Section 419 BNSS where Section 390 CrPC referred to Section 378 CrPC.

FAQs: CrPC 390 to BNSS 431

Where is Section 390 CrPC found from 1 July 2024?▼

Section 390 CrPC is found in Section 431 BNSS. The heading is the same, and the text is the same except for one renumbered cross-reference.

Which cross-reference was renumbered from Section 390 CrPC to Section 431 BNSS?▼

Section 431 BNSS refers to Section 419 BNSS where Section 390 CrPC referred to Section 378 CrPC.

What does Section 431 BNSS say the High Court may issue?▼

Section 431 BNSS says the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, as Section 390 CrPC does. The only difference in the text is the cross-reference to Section 419 BNSS.

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 ·