Section 289 BNSS: Application of Chapter

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 289 BNSS at a Glance

Section 289 BNSS deals with application of Chapter. It replaced Section 265A CrPC on 1 July 2024.

Was CrPC

Section 265A →

Section 289 BNSS Bare Act Text

(1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

Source: Section 289, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 289 BNSS in Simple Words

Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the application of the Chapter.

Under Section 289(1) BNSS, the Chapter shall apply in respect of an accused against whom a report has been forwarded under Section 193 BNSS, or against whom a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force.

Section 289(2) BNSS says the Central Government shall, by notification, determine the offences affecting the socio-economic condition of the country.

When Section 289 BNSS Applies

  • Section 289(1)(a) BNSS applies in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under Section 193 BNSS alleging therein that an offence appears to have been committed by him, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force.
  • Section 289(1)(b) BNSS applies in respect of an accused where a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force, and after examining complainant and witnesses under Section 223 BNSS, issued the process under Section 227 BNSS.
  • Section 289(1)(b) BNSS ends with the words but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.
  • Section 289(2) BNSS says that for the purposes of Section 289(1) BNSS, the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

Example of Section 289 BNSS

The officer in charge of the police station has forwarded a report under Section 193 BNSS alleging therein that an offence appears to have been committed by Arjun, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force. Under Section 289(1)(a) BNSS, the Chapter shall apply in respect of Arjun.

When Section 289 BNSS Does Not Apply

  • Section 289 BNSS speaks of the accused in respect of whom the Chapter applies. It does not deal with the application by an accused for plea bargaining, which Section 290 BNSS covers under the heading Application for plea bargaining.
  • Section 289 BNSS speaks of when the Chapter applies. It does not deal with the finality of the judgment delivered by the Court, which Section 295 BNSS covers under the heading Finality of judgment.

Section 289 BNSS in the CrPC (Previous Law)

Section 289 BNSS replaced Section 265A CrPC from 1 July 2024.

Section 265A of the Code of Criminal Procedure, 1973 is found in Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 289(1)(a) BNSS refers to Section 193 BNSS where Section 265A(1)(a) CrPC referred to Section 173 CrPC. Section 289(1)(b) BNSS refers to Section 223 BNSS and Section 227 BNSS where Section 265A(1)(b) CrPC referred to Section 200 CrPC and Section 204 CrPC. Section 289(1) BNSS reads a woman, or a child, where Section 265A(1) CrPC read a woman, or a child below the age of fourteen years. Under Section 2(2) BNSS, child has the meaning in Section 2(3) BNS, a person below eighteen years. The rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 289 BNSS

In respect of which accused does the Chapter apply under Section 289(1) BNSS?▼

Section 289(1)(a) BNSS applies in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under Section 193 BNSS alleging therein that an offence appears to have been committed by him. Section 289(1)(b) BNSS applies in respect of an accused where a Magistrate has taken cognizance of an offence on complaint and, after examining complainant and witnesses under Section 223 BNSS, issued the process under Section 227 BNSS. Each is subject to the words other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force.

How does Section 289(1)(b) BNSS end?▼

Section 289(1)(b) BNSS ends with the words but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

What does Section 289(2) BNSS say about the Central Government?▼

Section 289(2) BNSS says that for the purposes of Section 289(1) BNSS, the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

What changed from Section 265A CrPC to Section 289 BNSS from 1 July 2024?▼

From 1 July 2024, Section 289 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 265A of the Code of Criminal Procedure, 1973. Section 289(1)(a) BNSS refers to Section 193 BNSS where Section 265A(1)(a) CrPC referred to Section 173 CrPC. Section 289(1)(b) BNSS refers to Section 223 BNSS and Section 227 BNSS where Section 265A(1)(b) CrPC referred to Section 200 CrPC and Section 204 CrPC. Section 289(1) BNSS reads a woman, or a child, where Section 265A(1) CrPC read a woman, or a child below the age of fourteen years. Under Section 2(2) BNSS, child has the meaning in Section 2(3) BNS, a person below eighteen years.

Section 289 BNSS: Sub-sections Explained

Section 289(1) BNSS: Application of the Chapter

▶

Bare Act Text

(1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

Previous Law

CrPC 265A → Section 289(1) BNSS

Section 289(2) BNSS: Application of the Chapter

▶

Bare Act Text

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.

Previous Law

CrPC 265A(2) → Section 289(2) BNSS

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