In today’s criminal courts, delays are no longer caused only by adjournments or missing witnesses. Increasingly, cases are being slowed down for a far simpler reason: wrong or outdated CrPC citations.
Since the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), courts expect lawyers to draft and argue with procedural accuracy under the new law. Yet, many filings still rely mechanically on CrPC sections—often copied from old formats or precedents.
The result?
Queries from the bench, objections from the opposite side, directions to “correct and refile,” and avoidable delays.
The Ground Reality in Criminal Courts
Across magistrate courts and sessions courts, a common scene plays out:
A bail application cites CrPC Section 437
A remand argument relies on CrPC Section 167
A summons or warrant application mentions CrPC provisions
A revision petition refers to CrPC without BNSS mapping
The judge pauses and asks:
“What is the provision under BNSS?”
This single question can stall the hearing. If the lawyer cannot answer immediately—or if the draft itself is outdated—the matter often gets adjourned for “correction.”
Why Wrong CrPC Citations Cause Delay
- CrPC Is No Longer Procedural Law in Force The most basic issue is also the most decisive.
CrPC has been repealed and replaced. While old cases may originate under CrPC, fresh procedural steps must align with BNSS. When a court sees CrPC cited without context, it must clarify:
Is this an old case reference?
Or is the lawyer unaware of BNSS?
This clarification itself consumes judicial time.
- Judges Cannot Pass Orders on Ambiguous Provisions A court order must clearly rest on the law currently in force. If an application cites only CrPC:
The judge cannot safely pass an order
The provision may have changed wording or numbering
The order becomes vulnerable on appeal
To avoid this, courts often direct lawyers to correct the citation, causing delay.
- Opposite Counsel Actively Raise Objections In 2024+, wrong CrPC citations are an easy technical objection.
Opposing counsel frequently argue:
“This application is under a repealed provision”
“The correct BNSS section has not been cited”
“The relief is claimed under an inapplicable statute”
Even if the objection is minor, the court must hear it—slowing proceedings.
Common Stages Where Delays Occur Due to CrPC Errors
🔹 Bail Hearings
Bail matters are time-sensitive. Yet, wrong procedural citations lead to:
clarification queries
re-drafting directions
adjournments that defeat the purpose of bail
🔹 Remand & Custody Proceedings
CrPC-based remand arguments often invite judicial hesitation:
“What is the BNSS provision for custody?”
“Has the procedure changed?”
Any uncertainty here leads to delay—sometimes even overnight custody complications.
🔹 Cognizance, Summons & Warrants
Orders issuing process must rely on correct procedural law. Wrong citations force courts to:
pause
seek clarification
defer orders
🔹 Revisions & Appeals
Higher courts are especially strict. A revision petition citing CrPC without BNSS mapping almost always invites questions—and delays admission.
The Hidden Cause: Old Templates & Muscle Memory
Most wrong citations are not intentional. They arise because:
old drafting templates are reused
juniors copy past formats
seniors rely on decades of habit
But courts are no longer accommodating outdated formats. Procedural law has changed, and drafting must reflect that change.
How a BNSS Converter Prevents Delay Instantly
A CrPC to BNSS Converter solves the problem at its root.
It allows lawyers to:
instantly identify the correct BNSS section
verify whether the CrPC provision still exists
draft applications with updated citations
answer judicial queries confidently, on the spot
Instead of saying, “I’ll check and mention,” you can respond immediately—keeping the matter moving.
Best Practice to Avoid Procedural Delays
Step 1: Never File Without Verifying Procedural Sections
Even familiar provisions must be checked under BNSS.
Step 2: Convert Before You Draft
Do not write first and convert later. Begin with BNSS clarity.
Step 3: Use Transitional Citation Where Needed
For pending cases, use a clear format:
“Under Section ___ BNSS, 2023 (corresponding to Section ___ CrPC, 1973)”
This reassures the court and avoids objections.
Step 4: Update Templates Once
Fixing templates prevents repeated errors across dozens of cases.
Why Young Lawyers Face More Delays
Judges scrutinise junior-drafted matters more closely. Wrong CrPC citations:
weaken first impressions
invite corrective instructions
slow learning and confidence
Using a BNSS converter helps juniors:
draft accurately
respond to queries instantly
build procedural credibility early
Courts Don’t Want to Delay—They Want Accuracy
It’s important to understand:
Courts are not delaying cases deliberately. They are ensuring:
orders are legally sound
procedures follow the current statute
future challenges are avoided
Accurate citation helps courts help you.
Final Takeaway
Wrong CrPC citations delay cases not because the facts are weak—but because procedural accuracy is missing.
In the BNSS era:
outdated citations invite objections
objections cause adjournments
adjournments delay justice
A BNSS converter removes this delay at the source.
Convert before you cite.
Draft with confidence.
Keep your case moving.For more details, you can refer to CrPC to BNSS Converter
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