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CrPC · Chapter XVIII · Trial before a Court of Session

CrPC section 226 in the BNSS

CrPC 226BNSS 249

CrPC section 226, “Opening case for prosecution”, is now BNSS section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 226 to BNSS 249

Now BNSS section 249. The prosecutor opens the case by describing the charge and the evidence, which may be under the BNSS “or under any other law for the time being in force”.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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