Section 265A CrPC: Application of the Chapter

Code of Criminal Procedure, 1973

Section 265A CrPC at a Glance

Section 265A CrPC deals with application of the Chapter. From 1 July 2024 it is replaced by Section 289 BNSS.

Now BNSS

Section 289 →

What Section 265A CrPC Says

265A. Application of the Chapter

(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 173 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 200, issued the process under section 204, 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 below the age of fourteen years.

(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 265A, Code of Criminal Procedure, 1973

Section 265A CrPC in Simple Words

Section 265A of the Code of Criminal Procedure, 1973 deals with the application of the Chapter.

Under Section 265A(1) CrPC, the Chapter shall apply in respect of an accused against whom a report has been forwarded under Section 173 CrPC, 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 265A(2) CrPC says the Central Government shall, by notification, determine the offences affecting the socio-economic condition of the country.

When Section 265A CrPC Applies

  • Section 265A(1)(a) CrPC applies in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under Section 173 CrPC 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 265A(1)(b) CrPC 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 200 CrPC, issued the process under Section 204 CrPC.
  • Section 265A(1)(b) CrPC 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 below the age of fourteen years.
  • Section 265A(2) CrPC says that for the purposes of Section 265A(1) CrPC, 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 265A CrPC

The officer in charge of the police station has forwarded a report under Section 173 CrPC alleging therein that an offence appears to have been committed by Rajesh, 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 265A(1)(a) CrPC, the Chapter shall apply in respect of Rajesh.

When Section 265A CrPC Does Not Apply

  • Section 265A CrPC 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 265B CrPC covers under the heading Application for plea bargaining.
  • Section 265A CrPC speaks of when the Chapter applies. It does not deal with the finality of the judgment delivered by the Court, which Section 265G CrPC covers under the heading Finality of the judgment.

Section 265A CrPC Under BNSS 289: What Changed

Section 265A CrPC is now covered under Section 289 BNSS.

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.

View detailed comparison (CrPC 265A vs BNSS 289) →

FAQs on Section 265A CrPC

In respect of which accused does the Chapter apply under Section 265A(1) CrPC?▼

Section 265A(1)(a) CrPC applies in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under Section 173 CrPC alleging therein that an offence appears to have been committed by him. Section 265A(1)(b) CrPC 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 200 CrPC, issued the process under Section 204 CrPC. 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 265A(1)(b) CrPC end?▼

Section 265A(1)(b) CrPC 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 below the age of fourteen years.

What does Section 265A(2) CrPC say about the Central Government?▼

Section 265A(2) CrPC says that for the purposes of Section 265A(1) CrPC, 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.

Where is Section 265A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 265A(1) CrPC is found in Section 289(1) BNSS, Section 265A(1)(a) CrPC is found in Section 289(1)(a) BNSS, Section 265A(1)(b) CrPC is found in Section 289(1)(b) BNSS and Section 265A(2) CrPC is found in Section 289(2) BNSS. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·