Overview of Criminal Procedure in India
The Code of Criminal Procedure, 1973 (CrPC) established procedures for investigation, arrest, bail, inquiry, trial, appeals and related criminal proceedings. From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Act 46 of 2023, replaced the CrPC as India's principal general criminal procedure statute, subject to its repeal and savings provisions and the operation of special laws.
The BNSS operates alongside the Bharatiya Nyaya Sanhita, 2023 (substantive criminal offences) and the Bharatiya Sakshya Adhiniyam, 2023 (law of evidence). These statutes serve different functions and should not be treated as interchangeable.
Criminal Procedure Articles and Legal Analysis
Limitation Period for Taking Cognizance of Offences: CrPC Sections 468 to 473
Learn how the limitation period for taking cognizance is determined, when it begins, how certain periods are excluded, the treatment of continuing offences and when delay may be condoned. The corresponding BNSS provisions are Sections 514 to 519.
Public Responsibility to Assist Magistrates and Police: CrPC Sections 37, 38 and 39
Understand the duty to provide reasonable assistance to Magistrates and police, assistance in execution of warrants directed to non-police persons and the duty to report specified offences. The corresponding BNSS provisions are Sections 31, 32 and 33.
Limitation for Taking Cognizance of Offences
Section 514 of the BNSS, corresponding broadly to Section 468 of the CrPC, places a time limit on courts taking cognizance of certain offences. The statutory periods are generally six months for offences punishable with fine only, one year where imprisonment does not exceed one year, and three years where imprisonment exceeds one year but does not exceed three years. The statutory rules, exceptions and relevant filing dates must be examined in each case.
| Subject | CrPC 1973 | BNSS 2023 |
|---|---|---|
| Bar to cognizance after limitation | Section 468 | Section 514 |
| Commencement of limitation | Section 469 | Section 515 |
| Exclusion of time | Section 470 | Section 516 |
| Court closed on expiry date | Section 471 | Section 517 |
| Continuing offence | Section 472 | Section 518 |
| Extension of limitation | Section 473 | Section 519 |
Section 519 permits cognizance after expiry of the limitation period where the delay has been properly explained or where taking cognizance is necessary in the interests of justice, subject to the statutory conditions. See the official BNSS text for the full wording.
Public Duties to Assist Magistrates and Police
BNSS Section 31 (earlier CrPC Section 37): A person must provide assistance reasonably demanded by a Magistrate or police officer in making or preventing escape from an authorised arrest, preventing or suppressing a breach of peace, or preventing attempted injury to public property.
BNSS Section 32 (earlier CrPC Section 38): Where a warrant is directed to a person other than a police officer, another person may assist its execution when the warrant-holder is nearby and acting to execute it.
BNSS Section 33 (earlier CrPC Section 39): Persons aware of the commission or intended commission of specified serious offences have a duty to give information as prescribed, subject to the statutory qualification concerning reasonable excuse. The exact offences listed in the BNSS should be consulted rather than assuming that the former CrPC list remains unchanged.
Official Statutes and Legal Resources
For authoritative statutory wording, commencement notifications and subsequent amendments, consult the Ministry of Home Affairs: New Criminal Laws and the Bharatiya Nagarik Suraksha Sanhita, 2023 (official India Code PDF). Court decisions and relevant state rules should also be checked for the particular jurisdiction and issue.
This page provides general legal information, not advice for an individual case. The full statute, applicable amendments, savings clauses, special laws and binding judicial decisions govern.