CRPC §202 → BNSS §225
Postponement of issue of process
Jump to section
Comparison
202. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, 1[and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section
(1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.
225.
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section
(1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant. Examination of complainant. Procedure by Magistrate not competent to take cognizance of case. Postponement of issue of process.
What changedAI-inferred
Postponement of issue of process — BNSS 225 includes 120-day sanction decision timeline.
Old position
CrPC 202 is concerned with Postponement of issue of process. Postponement of issue of process
New position
BNSS 225 modifies the framework. Topic: of issue of process.. Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place
BNSS 225 modifies CrPC 202. Postponement of issue of process — BNSS 225 includes 120-day sanction decision timeline. BNSS 225 text: Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if...
Editorial deltaAI-indicated (source-linked)
BNSS 225 carries forward CrPC 202's framework for postponement of issue of process upon receipt of a complaint. Sub-section (1) preserves the operative discretion (the Magistrate may postpone the issue of process and either inquire or direct an investigation), and the historical-amendment bracketed insert (the mandatory inquiry/investigation where the accused resides beyond the Magistrate's area) is incorporated as plain text. The cross-reference is renumbered from CrPC s.192 to BNSS s.212. BNSS 225 is slightly longer than CrPC 202 in the extracted portion, indicating additional textual content (likely a proviso) that is partly visible.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 202 continues to apply. For matters from that date forward, BNSS 225 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 225 (of issue of process.). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §202 → BNSS §225 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/202.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.