Section 226 CrPC: Opening case for prosecution
Code of Criminal Procedure, 1973
Section 226 CrPC at a Glance
Section 226 CrPC deals with opening case for prosecution. From 1 July 2024 it is replaced by Section 249 BNSS.
What Section 226 CrPC Says
226. Opening case for prosecution
When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, 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 226, Code of Criminal Procedure, 1973
Section 226 CrPC in Simple Words
Section 226 of the Code of Criminal Procedure, 1973 deals with the opening of the case for the prosecution. It applies once the case has been committed under Section 209 CrPC and the accused either appears before the Court or is brought before it.
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 226 CrPC Applies
- Section 226 CrPC applies when the accused appears or is brought before the Court in pursuance of a commitment of the case under Section 209 CrPC.
- Under Section 226 CrPC, the prosecutor shall open the case by describing the charge brought against the accused.
- Under Section 226 CrPC, the prosecutor shall also state by what evidence the prosecutor proposes to prove the guilt of the accused.
Example of Section 226 CrPC
When Section 226 CrPC Does Not Apply
- Section 226 CrPC 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 226 CrPC speaks of the prosecutor opening the case. It does not deal with the date for prosecution evidence.
Section 226 CrPC Under BNSS 249: What Changed
Section 226 CrPC is now covered under Section 249 BNSS.
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 detailed comparison (CrPC 226 vs BNSS 249) →FAQs on Section 226 CrPC
Who opens the case under Section 226 CrPC?▼
Under Section 226 of the Code of Criminal Procedure, 1973, 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 209 CrPC.
What does the prosecutor state when opening the case under Section 226 CrPC?▼
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 commitment does Section 226 CrPC refer to?▼
Section 226 CrPC refers to a commitment of the case under Section 209 CrPC. The heading of Section 209 CrPC is Commitment of case to Court of Session when offence is triable exclusively by it.
Where is Section 226 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 226 of the Code of Criminal Procedure, 1973 is found in Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 226 CrPC has no sub-sections, and maps as a whole to Section 249 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·