Section 5 CrPC: Saving

Code of Criminal Procedure, 1973

Section 5 CrPC at a Glance

Section 5 CrPC deals with saving. From 1 July 2024 it is replaced by Section 5 BNSS.

Now BNSS

Section 5 →

What Section 5 CrPC Says

5. Saving

Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

Source: Section 5, Code of Criminal Procedure, 1973

Section 5 CrPC in Simple Words

Section 5 of the Code of Criminal Procedure, 1973 is a saving provision.

Under Section 5 CrPC, nothing contained in the Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force.

Nothing in the Code shall, in the absence of such a provision, affect any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

When Section 5 CrPC Applies

  • Nothing in the Code of Criminal Procedure, 1973 shall affect the operation of any special law or local law that is for the time being in force.
  • Nothing in the Code of Criminal Procedure, 1973 shall affect any special jurisdiction or power conferred by any other law for the time being in force.
  • When another law for the time being in force lays down a special form of procedure, nothing in the Code shall affect that prescribed procedure.
  • The saving in Section 5 CrPC applies in the absence of a specific provision to the contrary.

Example of Section 5 CrPC

Raghav faces a proceeding before an authority headed by Kavita under a special law that is for the time being in force. That special law confers a special power on Kavita and prescribes a special form of procedure for the matter. Raghav objects that the general procedure in the Code of Criminal Procedure, 1973 should govern the proceeding instead of the special procedure. There is no specific provision to the contrary in the Code that overrides the special law. Under Section 5 CrPC, nothing contained in the Code shall affect the special law, the special power conferred on Kavita, or the special form of procedure prescribed by that law. Kavita therefore follows the special form of procedure.

When Section 5 CrPC Does Not Apply

  • The saving rule in Section 5 of the Code of Criminal Procedure, 1973 does not apply when the Code contains a specific provision to the contrary.
  • Section 5 CrPC does not save a jurisdiction, power, or form of procedure unless it is a special jurisdiction or power conferred, or a special form of procedure prescribed, by another law for the time being in force.

Section 5 CrPC Under BNSS 5: What Changed

Section 5 CrPC is now covered under Section 5 BNSS.

Section 5 of the Code of Criminal Procedure, 1973 is retained as Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the same section number and the same heading, Saving. Between Section 5 CrPC and Section 5 BNSS, the only wording change is the replacement of the words this Code with the words this Sanhita. This substitution is a change of form. The legal rule is unchanged, including the exception for a specific provision to the contrary and the saving of special or local laws and special jurisdictions, powers, and forms of procedure under other laws for the time being in force.

View detailed comparison (CrPC 5 vs BNSS 5) →

FAQs on Section 5 CrPC

What laws and rules are saved by Section 5 CrPC?▼

Section 5 of the Code of Criminal Procedure, 1973 provides that nothing contained in the Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force. In the same way, nothing in the Code shall affect any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

When can a rule in the Code override a special or local law under Section 5 CrPC?▼

A rule in the Code of Criminal Procedure, 1973 can affect a special or local law only when the Code contains a specific provision to the contrary. Section 5 CrPC states that nothing contained in the Code shall affect any special or local law for the time being in force, or any special jurisdiction, power, or form of procedure under another law in force, in the absence of a specific provision to the contrary.

Does Section 5 CrPC protect special procedures in laws that are not local or special laws?▼

Yes. Alongside special and local laws, Section 5 of the Code of Criminal Procedure, 1973 expressly covers any other law for the time being in force that confers a special jurisdiction or power or prescribes a special form of procedure. Nothing contained in the Code shall affect that special jurisdiction, special power, or special form of procedure in the absence of a specific provision to the contrary.

Where is Section 5 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The saving provision in Section 5 CrPC is found in Section 5 BNSS from 1 July 2024. Section 5 BNSS keeps the same saving rule for special or local laws for the time being in force, and for any special jurisdiction, power, or form of procedure under any other law for the time being in force.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·