BNSS Practice Notes: Convert CrPC Sections the Right Way

The transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is not just a legislative change—it is a practice shift. Most procedural mistakes being noticed in courts today are not because lawyers misunderstand BNSS, but because they convert CrPC sections incorrectly or casually.

These practice notes explain how to convert CrPC sections the right way, without creating confusion, objections, or credibility issues in court.

1. First principle: CrPC cases do not vanish overnight A common misconception is:

“Since BNSS has come, all CrPC references are invalid.”

This is incorrect.

FIRs registered under CrPC remain valid

Charge sheets filed under CrPC remain part of the record

Trials already commenced continue lawfully

What changes is how lawyers draft and argue from now onwards.

BNSS applies to:

fresh applications

future procedural steps

current judicial understanding

Conversion is about future accuracy, not rewriting past records.

1. What “conversion” actually means in practice Conversion does not mean:

deleting CrPC references blindly

replacing numbers from memory

using BNSS sections without context

Correct conversion means:

identifying the corresponding BNSS provision

maintaining continuity with existing records

ensuring procedural correctness

Think of conversion as translation, not substitution.

1. Identify where conversion is required (and where it isn’t) ❌ Do NOT convert: FIR text already on record

charge sheets already filed

previous court orders

depositions already recorded

✅ DO convert:
bail applications

discharge applications

objections and replies

applications for summons or warrants

written submissions

revision and appellate pleadings

In short: new drafting must speak BNSS, even if the case started under CrPC.

1. Use dual citation in ongoing matters The safest and most court-accepted method today is dual reference.

Recommended format:
“Section ___ of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section ___ of the Code of Criminal Procedure, 1973).”

Why courts prefer this:

judges can connect old records instantly

no confusion during hearings

appellate review becomes easier

Avoid using BNSS alone in ongoing cases unless the context is very clear.

1. Conversion is NOT one-to-one numbering One of the biggest errors lawyers make is assuming:

“CrPC section number = BNSS section number.”

This is risky.

Under BNSS:

sections are reorganised

numbering has changed

some provisions are consolidated

That is why manual or memory-based conversion fails in practice.

1. Use a CrPC to BNSS converter as a verification step A CrPC to BNSS converter should be used:

before filing

before finalising drafts

before oral arguments

It helps you:

confirm the correct BNSS section

avoid embarrassing mistakes

update old templates quickly

The tool is not a shortcut for learning law—it is a verification mechanism.

1. Pay special attention to these procedural stages 🔹 Cognizance Cognizance is often challenged in revisions. Wrong procedural citation here:

weakens the order

creates jurisdictional arguments

Always verify the BNSS provision before drafting objections or arguments.

🔹 Summons
Summons may look routine, but:

they are frequently challenged

procedural defects are easy grounds

Using outdated CrPC references here is a common and avoidable mistake.

🔹 Warrants
In warrant matters, courts show zero tolerance for error because:

personal liberty is involved

higher courts scrutinise closely

Always ensure BNSS accuracy when dealing with warrants.

1. Update templates before updating arguments Many mistakes survive because lawyers:

copy old formats

forget to update headings, prayers, and footers

Best practice:

update your templates first

then draft fresh matters

This single step prevents repeated errors across cases.

1. Oral arguments: speak BNSS, explain CrPC if needed During hearings, judges may ask:

“What is the provision under BNSS?”

Good practice:

argue primarily under BNSS

explain CrPC only for historical context

This shows adaptation and confidence.

1. Common conversion mistakes to avoid ❌ guessing BNSS sections ❌ mixing CrPC and BNSS randomly ❌ deleting IPC/CrPC references entirely ❌ relying on outdated precedents without explanation

Most of these mistakes are procedural—not substantive—but they still damage credibility.

1. What courts really expect in 2024+ Courts are not punishing lawyers for transition errors—but they expect:

effort

awareness

procedural seriousness

Correct conversion signals professionalism.

Final takeaway
BNSS practice is not about forgetting CrPC—it is about using it correctly in context.

If you remember only one rule, remember this:

Do not erase CrPC. Convert it carefully.

Use dual citation, verify sections, update templates, and rely on conversion tools for accuracy.For more details, you can refer to CrPC to BNSS Converter