CrPC 6→BNSS 6

CrPC 6 to BNSS 6: Classes of Criminal Courts

Section 6 CrPC (1973) replaced by Section 6 BNSS (2023)

View CrPC Section 6 →View BNSS Section 6 →

CrPC 6 to BNSS 6 at a Glance

Section 6 CrPC (Classes of Criminal Courts) is now Section 6 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 6 to BNSS 6?

From 1 July 2024, Section 6 of the Code of Criminal Procedure, 1973 is replaced by Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The substantive change occurs in Section 6(ii) BNSS, which deletes the reference to Metropolitan Magistrates in any metropolitan area and retains only Judicial Magistrates of the first class. As a change of form, Section 6 BNSS substitutes the word Sanhita for the word Code. The remaining classes of Criminal Courts, namely Courts of Session, Judicial Magistrates of the second class, and Executive Magistrates, along with the saving for High Courts and courts under other laws, are unchanged.

CrPC 6 vs BNSS 6: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section66
HeadingClasses of Criminal CourtsSame

CrPC 6 and BNSS 6: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 6, CrPC 1973

6. Classes of Criminal Courts.—Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates.
BNSS 2023 (in force)

Section 6, BNSS 2023

6. Classes of Criminal Courts.—Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates.

When It Applies: CrPC 6 vs BNSS 6

Under CrPC 6
  1. Section 6 of the Code of Criminal Procedure, 1973 provides that there shall be, in every State, the listed classes of Criminal Courts, besides the High Courts and the Courts constituted under any law other than the Code.
  2. Every State shall have Sessions Courts as the first listed category of criminal courts under Section 6(i) CrPC.
  3. Every State shall have first class Judicial Magistrate courts, while any metropolitan area within the State shall have Metropolitan Magistrate courts under Section 6(ii) CrPC.
  4. Every State shall also have second class Judicial Magistrate courts as a distinct category of criminal courts under Section 6(iii) CrPC.
  5. Every State shall include courts of Executive Magistrates as a recognized category of criminal courts under Section 6(iv) CrPC.
Under BNSS 6
  1. Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that there shall be, in every State, the listed classes of Criminal Courts, besides the High Courts and the Courts constituted under any law other than the Sanhita.
  2. Every State shall have Sessions Courts as the first listed class of criminal courts under Section 6(i) BNSS.
  3. Every State shall have courts of first class Judicial Magistrates under Section 6(ii) BNSS.
  4. Every State shall have courts of second class Judicial Magistrates under Section 6(iii) BNSS.
  5. Every State shall have Executive Magistrates as a listed class of criminal courts under Section 6(iv) BNSS.

What CrPC 6 to BNSS 6 Means in Practice

Under Section 6(ii) of the Code of Criminal Procedure, 1973, a separate class of Metropolitan Magistrates existed in any metropolitan area. From 1 July 2024, where the provision is found in Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Metropolitan Magistrates are removed from the classes of Criminal Courts. Every State instead has the same classes under Section 6 BNSS: Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates.

FAQs: CrPC 6 to BNSS 6

Where is Section 6 CrPC found from 1 July 2024?▼

From 1 July 2024, the provision in Section 6 of the Code of Criminal Procedure, 1973 is found in Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both provisions bear the heading Classes of Criminal Courts and specify the classes of Criminal Courts that shall exist in every State, alongside the High Courts and courts constituted under any other law.

Does Section 6 BNSS retain Metropolitan Magistrates as a class of Criminal Courts?▼

No, Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not retain Metropolitan Magistrates. Under Section 6(ii) of the Code of Criminal Procedure, 1973, the second listed category of Criminal Courts consisted of Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates. Section 6(ii) BNSS omits the words relating to Metropolitan Magistrates in any metropolitan area and lists only Judicial Magistrates of the first class.

Did Section 6 BNSS change the status of Courts of Session, second class Judicial Magistrates, or Executive Magistrates?▼

No, the rule for those courts is unchanged between Section 6 of the Code of Criminal Procedure, 1973 and Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both provisions state that in every State, besides the High Courts and courts constituted under other laws, there shall be Courts of Session in Section 6(i) BNSS, Judicial Magistrates of the second class in Section 6(iii) BNSS, and Executive Magistrates in Section 6(iv) 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: 18 Oct 2026 ·