Section 249 BNSS: Opening case for prosecution

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 249 BNSS at a Glance

Section 249 BNSS deals with opening case for prosecution. It replaced Section 226 CrPC on 1 July 2024.

Was CrPC

Section 249 BNSS Bare Act Text

249. Opening case for prosecution
When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Source: Section 249, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 249 BNSS in Simple Words

Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the opening of the case for the prosecution. It applies once the accused either appears before the Court or is brought before it.

This must be in pursuance of a commitment of the case under Section 232 BNSS or under any other law for the time being in force. The prosecutor shall then open the case.

The prosecutor shall do this by describing the charge that has been brought against the accused. The prosecutor shall also state the evidence by which the prosecutor proposes to prove the guilt of the accused.

When Section 249 BNSS Applies

Section 249 BNSS applies when the accused appears or is brought before the Court in pursuance of a commitment of the case under Section 232 BNSS, or under any other law for the time being in force.
Under Section 249 BNSS, the prosecutor shall open the case by describing the charge brought against the accused.
Under Section 249 BNSS, the prosecutor shall also state by what evidence the prosecutor proposes to prove the guilt of the accused.

Example of Section 249 BNSS

Vikram appears before the Court in pursuance of a commitment of the case under Section 232 BNSS, or under any other law for the time being in force. Neha is the prosecutor. Under Section 249 BNSS, Neha shall open the case by describing the charge brought against Vikram and stating by what evidence Neha proposes to prove the guilt of Vikram.

When Section 249 BNSS Does Not Apply

Section 249 BNSS speaks of the prosecutor opening the case by describing the charge and stating the evidence. It does not deal with the supply to the accused of copy of police report and other documents.
Section 249 BNSS speaks of the prosecutor opening the case. It does not deal with the date for prosecution evidence.

Section 249 BNSS in the CrPC (Previous Law)

Section 249 BNSS replaces Section 226 CrPC from the old criminal code.

Section 249 BNSS has the same heading as Section 226 CrPC, from 1 July 2024. Section 249 BNSS refers to a commitment of the case under Section 232 BNSS, or under any other law for the time being in force, where Section 226 CrPC referred to a commitment of the case under Section 209 CrPC. The words on describing the charge and stating the evidence are the same.

View CrPC Section 226 →

FAQs on Section 249 BNSS

Who opens the case under Section 249 BNSS?▼

Under Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the prosecutor shall open the case when the accused appears or is brought before the Court in pursuance of a commitment of the case under Section 232 BNSS, or under any other law for the time being in force.

What does the prosecutor state when opening the case under Section 249 BNSS?▼

The prosecutor describes the charge brought against the accused and states by what evidence the prosecutor proposes to prove the guilt of the accused.

Which commitments does Section 249 BNSS refer to?▼

Section 249 BNSS refers to a commitment of the case under Section 232 BNSS, or under any other law for the time being in force. The heading of Section 232 BNSS is Commitment of case to Court of Session when offence is triable exclusively by it.

What changed from Section 226 CrPC to Section 249 BNSS from 1 July 2024?▼

From 1 July 2024, Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 226 of the Code of Criminal Procedure, 1973. Section 249 BNSS has the same heading as Section 226 CrPC. Section 249 BNSS refers to a commitment of the case under Section 232 BNSS, or under any other law for the time being in force, where Section 226 CrPC referred to a commitment of the case under Section 209 CrPC. The rest of the text is the same.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·