CrPC 98→BNSS 101

CrPC 98 to BNSS 101: Power to compel restoration of abducted females

Section 98 CrPC (1973) replaced by Section 101 BNSS (2023)

View CrPC Section 98 →View BNSS Section 101 →

CrPC 98 to BNSS 101 at a Glance

Section 98 CrPC (Power to compel restoration of abducted females) is now Section 101 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 98 to BNSS 101?

Section 101 BNSS has the same heading as Section 98 CrPC. Section 101 BNSS does not repeat the words under the age of eighteen years after a female child, which Section 98 CrPC had. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 101 BNSS has no word husband in the list of persons to whom such female child is restored, which Section 98 CrPC had. The rest of Section 101 BNSS reads the same as Section 98 CrPC.

CrPC 98 vs BNSS 101: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section98101
HeadingPower to compel restoration of abducted femalesSame

CrPC 98 and BNSS 101: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 98, CrPC 1973

98. Power to compel restoration of abducted females.—Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.
BNSS 2023 (in force)

Section 101, BNSS 2023

101. Power to compel restoration of abducted females.—Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

When It Applies: CrPC 98 vs BNSS 101

Under CrPC 98
  1. Section 98 CrPC applies upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years.
  2. The abduction or unlawful detention must be for any unlawful purpose.
  3. A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make the order.
  4. The order is for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child.
  5. The Magistrate may compel compliance with such order, using such force as may be necessary.
Under BNSS 101
  1. Section 101 BNSS applies upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child.
  2. The abduction or unlawful detention must be for any unlawful purpose.
  3. A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make the order.
  4. The order is for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child.
  5. The Magistrate may compel compliance with such order, using such force as may be necessary.

Time Limits: CrPC 98 to BNSS 101

Under CrPC 98
  • Section 98 CrPC provides for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child.Act text: “make an order for the immediate restoration of such woman to her liberty”
Under BNSS 101
  • Section 101 BNSS provides for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child.Act text: “make an order for the immediate restoration of such woman to her liberty”

What CrPC 98 to BNSS 101 Means in Practice

From 1 July 2024, the power to compel restoration of abducted females is in Section 101 BNSS in place of Section 98 CrPC. Section 101 BNSS names her parent, guardian or other person having the lawful charge of such child as those to whom such female child is restored.

FAQs: CrPC 98 to BNSS 101

Where is Section 98 CrPC found from 1 July 2024?▼

Section 98 CrPC has no sub-sections, and maps as a whole to Section 101 BNSS.

How does the description of the female child differ in Section 101 BNSS?▼

Section 98 CrPC read a woman, or a female child under the age of eighteen years for any unlawful purpose. Section 101 BNSS reads a woman, or a female child for any unlawful purpose. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years.

How does the list of persons to whom such female child is restored differ in Section 101 BNSS?▼

Section 98 CrPC read to her husband, parent, guardian or other person having the lawful charge of such child. Section 101 BNSS reads to her parent, guardian or other person having the lawful charge of such child.

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 ·