CrPC 475 to BNSS 521: Delivery to commanding officers of persons liable to be tried by Court-martial
Section 475 CrPC (1973) replaced by Section 521 BNSS (2023)
CrPC 475 to BNSS 521 at a Glance
Section 475 CrPC (Delivery to commanding officers of persons liable to be tried by Court-martial) is now Section 521 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 475 to BNSS 521?
Section 475 of the Code of Criminal Procedure, 1973 was replaced by Section 521 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 521(1) BNSS reads this Sanhita where Section 475(1) CrPC read this Code, in each place where it appears. Section 521(1) BNSS reads army where Section 475(1) CrPC read military, in each place where it appears. Section 521(1) BNSS lists the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 in that order where Section 475(1) CrPC listed the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 in that order.
CrPC 475 vs BNSS 521: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 475 | 521 |
| Heading | Delivery to commanding officers of persons liable to be tried by Court-martial | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 475 and BNSS 521: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 475, CrPC 1973
475. Delivery to commanding officers of persons liable to be tried by Court-martial.—(1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air-force law, or such other law, shall be tried by a Court to which this Code applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.—In this section—
(a) “Unit” includes a regiment, corps, ship, detachment, group, battalion or Company,
(b) “Court-martial” includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
BNSS 2023 (in force)
Section 521, BNSS 2023
521. Delivery to commanding officers of persons liable to be tried by Court-martial.—(1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950, the Army Act, 1950, the Navy Act, 1957, and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or air-force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.—In this section—
(a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company;
(b) "Court-martial" includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
When It Applies: CrPC 475 vs BNSS 521
Under CrPC 475
- Under Section 475(1) CrPC, the Central Government may make rules consistent with the Code and the Armed Forces laws as to cases in which persons subject to military, naval or air-force law shall be tried by a Court to which the Code applies, or by a Court-martial.
- Under Section 475(1) CrPC, when a person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which the Code applies or by a Court-martial, the Magistrate shall have regard to the rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be.
- The Explanation in Section 475 CrPC provides that Unit includes a regiment, corps, ship, detachment, group, battalion or Company, and that Court-martial includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
- Under Section 475(2) CrPC, every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
- Under Section 475(3) CrPC, a High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
Under BNSS 521
- Under Section 521(1) BNSS, the Central Government may make rules consistent with the Sanhita and the Armed Forces laws as to cases in which persons subject to army, naval or air-force law shall be tried by a Court to which the Sanhita applies, or by a Court-martial.
- Under Section 521(1) BNSS, when a person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which the Sanhita applies or by a Court-martial, the Magistrate shall have regard to the rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be.
- The Explanation in Section 521 BNSS provides that unit includes a regiment, corps, ship, detachment, group, battalion or company, and that Court-martial includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
- Under Section 521(2) BNSS, every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
- Under Section 521(3) BNSS, a High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
What CrPC 475 to BNSS 521 Means in Practice
From 1 July 2024, the delivery to commanding officers of persons liable to be tried by Court-martial is found in Section 521 BNSS instead of Section 475 CrPC. Section 521(2) BNSS and Section 521(3) BNSS are in the same words as Section 475(2) CrPC and Section 475(3) CrPC.
FAQs: CrPC 475 to BNSS 521
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 475 CrPC found in?▼
From 1 July 2024, Section 475 of the Code of Criminal Procedure, 1973 is found in Section 521 BNSS. Section 475(1) CrPC is found in Section 521(1) BNSS, the Explanation in Section 475 CrPC in the Explanation in Section 521 BNSS, Section 475(2) CrPC in Section 521(2) BNSS and Section 475(3) CrPC in Section 521(3) BNSS.
What changed between Section 475(1) CrPC and Section 521(1) BNSS regarding the words military and army?▼
Section 475(1) CrPC read persons subject to military, naval or air-force law, and the nearest military, naval or air-force station. Section 521(1) BNSS reads persons subject to army, naval or air-force law, and the nearest army, naval or air-force station.
In what order are the Armed Forces Acts listed in Section 475(1) CrPC and Section 521(1) BNSS?▼
Section 475(1) CrPC listed the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 in that order. Section 521(1) BNSS lists the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 in that order.
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 ·