CrPC 55 to BNSS 55: Procedure when police officer deputes subordinate to arrest without warrant
Section 55 CrPC (1973) replaced by Section 55 BNSS (2023)
CrPC 55 to BNSS 55 at a Glance
Section 55 CrPC (Procedure when police officer deputes subordinate to arrest without warrant) is now Section 55 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 55 to BNSS 55?
Section 55 of the Code of Criminal Procedure, 1973 became Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 55(1) BNSS reads an investigation under Chapter XIII where Section 55(1) CrPC read Chapter XII, and Section 55(2) BNSS reads Section 35 BNSS where Section 55(2) CrPC read Section 41 CrPC. Each new reference is to the corresponding chapter or section of the Sanhita. The rest of the wording is the same.
CrPC 55 vs BNSS 55: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 55 | 55 |
| Heading | Procedure when police officer deputes subordinate to arrest without warrant | Same |
| Sub-sections | 2 sub-sections | Same |
| Cross-references | s.41 | s.35 |
CrPC 55 and BNSS 55: Bare Act Text Side by Side
Section 55, CrPC 1973
Section 55, BNSS 2023
When It Applies: CrPC 55 vs BNSS 55
- Section 55(1) of the Code of Criminal Procedure, 1973 speaks of any officer in charge of a police station or any police officer making an investigation under Chapter XII who requires any officer subordinate to him to arrest without a warrant, otherwise than in his presence.
- Section 55(1) CrPC speaks of the arrest of any person who may lawfully be arrested without a warrant.
- Under Section 55(1) CrPC, the deputing officer shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made.
- Under Section 55(1) CrPC, the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
- Under Section 55(2) CrPC, nothing in Section 55(1) CrPC shall affect the power of a police officer to arrest a person under Section 41 CrPC.
- Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of any officer in charge of a police station or any police officer making an investigation under Chapter XIII who requires any officer subordinate to him to arrest without a warrant, otherwise than in his presence.
- Section 55(1) BNSS speaks of the arrest of any person who may lawfully be arrested without a warrant.
- Under Section 55(1) BNSS, the deputing officer shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made.
- Under Section 55(1) BNSS, the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
- Under Section 55(2) BNSS, nothing in Section 55(1) BNSS shall affect the power of a police officer to arrest a person under Section 35 BNSS.
What CrPC 55 to BNSS 55 Means in Practice
FAQs: CrPC 55 to BNSS 55
Is Section 55 CrPC found at the same number in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Yes. From 1 July 2024, Section 55 of the Code of Criminal Procedure, 1973 is found in Section 55 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. Section 55(1) CrPC maps to Section 55(1) BNSS, and Section 55(2) CrPC maps to Section 55(2) BNSS.
Why does Section 55(1) BNSS refer to Chapter XIII instead of Chapter XII?▼
Section 55(1) of the Code of Criminal Procedure, 1973 read any police officer making an investigation under Chapter XII. Section 55(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads Chapter XIII, which is the chapter of the Sanhita on information to the police and their powers to investigate.
Why does Section 55(2) BNSS refer to Section 35 instead of Section 41?▼
Section 55(2) of the Code of Criminal Procedure, 1973 read the power of a police officer to arrest a person under Section 41 CrPC. Section 55(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads Section 35 BNSS, headed When police may arrest without warrant, the same heading as Section 41 CrPC.
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 ·