CrPC · Chapter VII · Processes to compel the production of things

CrPC section 98 in the BNSS

CrPC 98BNSS 101

CrPC section 98, “Power to compel restoration of abducted females”, is now BNSS section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 98 to BNSS 101

Now BNSS section 101. The power to order the restoration of an abducted or unlawfully detained woman or female child is the same, but “under the age of eighteen years” is dropped after “female child”, and a child is restored to her parent, guardian or other person in lawful charge (the CrPC also named her “husband”).

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 98 Power to compel restoration of abducted females

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 101 Power to compel restoration of abducted females

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown.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The BNSS repealed the CrPC from 1 July 2024 (section 531(1)).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.