CrPC 463→BNSS 509

CrPC 463 to BNSS 509: Non-compliance with provisions of section 164 or section 281

Section 463 CrPC (1973) replaced by Section 509 BNSS (2023)

View CrPC Section 463 →View BNSS Section 509 →

CrPC 463 to BNSS 509 at a Glance

Section 463 CrPC (Non-compliance with provisions of section 164 or section 281) is now Section 509 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 463 to BNSS 509?

Section 509 BNSS reads Section 183 BNSS and Section 316 BNSS where Section 463 CrPC read Section 164 CrPC and Section 281 CrPC, in the heading and in sub-section 1. Section 509(1) BNSS reads Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 463(1) CrPC read Section 91 of the Indian Evidence Act, 1872. The other words read the same, and Section 509(2) BNSS reads the same as Section 463(2) CrPC.

CrPC 463 vs BNSS 509: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section463509
HeadingNon-compliance with provisions of section 164 or section 281Non-compliance with provisions of section 183 or section 316
Sub-sections2 sub-sectionsSame
Cross-referencess.164s.183

CrPC 463 and BNSS 509: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 463, CrPC 1973

463. Non-compliance with provisions of section 164 or section 281.—(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision.
BNSS 2023 (in force)

Section 509, BNSS 2023

509. Non-compliance with provisions of section 183 or section 316.—(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision.

When It Applies: CrPC 463 vs BNSS 509

Under CrPC 463
  1. Section 463(1) CrPC speaks of a Court before which a confession or other statement of an accused person, recorded or purporting to be recorded under Section 164 CrPC or Section 281 CrPC, is tendered or has been received in evidence.
  2. The Court may take evidence in regard to non-compliance when it finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement.
  3. The Court may do so notwithstanding anything contained in Section 91 of the Indian Evidence Act, 1872.
  4. The Court may admit the statement if satisfied that the non-compliance has not injured the accused in the defence on the merits and that the accused duly made the statement recorded.
  5. Under Section 463(2) CrPC, the provisions of Section 463 CrPC apply to Courts of appeal, reference and revision.
Under BNSS 509
  1. Section 509(1) BNSS speaks of a Court before which a confession or other statement of an accused person, recorded or purporting to be recorded under Section 183 BNSS or Section 316 BNSS, is tendered or has been received in evidence.
  2. The Court may take evidence in regard to non-compliance when it finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement.
  3. The Court may do so notwithstanding anything contained in Section 94 of the Bharatiya Sakshya Adhiniyam, 2023.
  4. The Court may admit the statement if satisfied that the non-compliance has not injured the accused in the defence on the merits and that the accused duly made the statement recorded.
  5. Under Section 509(2) BNSS, the provisions of Section 509 BNSS apply to Courts of appeal, reference and revision.

What CrPC 463 to BNSS 509 Means in Practice

From 1 July 2024, a reader looks for this text in Section 509 BNSS. The statements in question are recorded under Section 183 BNSS or Section 316 BNSS, where Section 463 CrPC named Section 164 CrPC or Section 281 CrPC.

FAQs: CrPC 463 to BNSS 509

Where is Section 463 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 463(1) CrPC is found in Section 509(1) BNSS and Section 463(2) CrPC in Section 509(2) BNSS.

Which cross-references differ between Section 463 CrPC and Section 509 BNSS?▼

Section 509 BNSS reads Section 183 BNSS and Section 316 BNSS where Section 463 CrPC read Section 164 CrPC and Section 281 CrPC. It also reads Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 463(1) CrPC read Section 91 of the Indian Evidence Act, 1872.

Do the words on admitting the statement differ between Section 463 CrPC and Section 509 BNSS?▼

No. Both say the Court may admit the statement if satisfied that the non-compliance has not injured the accused in the defence on the merits and that the accused duly made the statement recorded.

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: 21 Oct 2026 ·