CrPC 5→BNSS 5

CrPC 5 to BNSS 5: Saving

Section 5 CrPC (1973) replaced by Section 5 BNSS (2023)

View CrPC Section 5 →View BNSS Section 5 →

CrPC 5 to BNSS 5 at a Glance

Section 5 CrPC (Saving) is now Section 5 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 5 to BNSS 5?

Section 5 of the Code of Criminal Procedure, 1973 is retained as Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the same section number and the same heading, Saving. Between Section 5 CrPC and Section 5 BNSS, the only wording change is the replacement of the words this Code with the words this Sanhita. This substitution is a change of form. The legal rule is unchanged, including the exception for a specific provision to the contrary and the saving of special or local laws and special jurisdictions, powers, and forms of procedure under other laws for the time being in force.

CrPC 5 vs BNSS 5: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section55
HeadingSavingSame

CrPC 5 and BNSS 5: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 5, CrPC 1973

5. Saving.—Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
BNSS 2023 (in force)

Section 5, BNSS 2023

5. Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

When It Applies: CrPC 5 vs BNSS 5

Under CrPC 5
  1. Nothing in the Code of Criminal Procedure, 1973 shall affect the operation of any special law or local law that is for the time being in force.
  2. Nothing in the Code of Criminal Procedure, 1973 shall affect any special jurisdiction or power conferred by any other law for the time being in force.
  3. When another law for the time being in force lays down a special form of procedure, nothing in the Code shall affect that prescribed procedure.
  4. The saving in Section 5 CrPC applies in the absence of a specific provision to the contrary.
Under BNSS 5
  1. Nothing in the Bharatiya Nagarik Suraksha Sanhita, 2023 shall affect the operation of any special law or local law that is for the time being in force.
  2. Nothing in the Bharatiya Nagarik Suraksha Sanhita, 2023 shall affect any special jurisdiction or power conferred by any other law for the time being in force.
  3. When another law for the time being in force lays down a special form of procedure, nothing in the Sanhita shall affect that prescribed procedure.
  4. The saving in Section 5 BNSS applies in the absence of a specific provision to the contrary.

What CrPC 5 to BNSS 5 Means in Practice

From 1 July 2024, the saving provision in Section 5 of the Code of Criminal Procedure, 1973 is found in Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The change from this Code to this Sanhita is a change of form, and the legal rule is unchanged. Any special or local law in force, and any special jurisdiction, power, or form of procedure under another law in force, remains unaffected in the absence of a specific provision to the contrary.

FAQs: CrPC 5 to BNSS 5

Where is Section 5 CrPC found from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and the saving provision in Section 5 CrPC is found in Section 5 BNSS. The section number and the heading, Saving, remain the same in the Sanhita. No part of Section 5 CrPC was moved to any other section.

Did Section 5 BNSS alter the rule for special or local laws that existed under Section 5 CrPC?▼

No. The rule in Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is unchanged from Section 5 of the Code of Criminal Procedure, 1973. Substituting the word Sanhita for the word Code is a change of form. In the absence of a specific provision to the contrary, nothing contained in the Sanhita affects any special or local law for the time being in force.

Are special jurisdictions, powers, and procedures under other laws still saved in Section 5 BNSS?▼

Yes. Just like Section 5 of the Code of Criminal Procedure, 1973, Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that nothing contained in the Sanhita shall, in the absence of a specific provision to the contrary, affect any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. This part of the provision is unchanged.

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: 18 Oct 2026 ·