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Section 202 of Cr.P.C. (not BNS, but relevant in context)
In the evolving landscape of Indian criminal law, with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replacing the Code of Criminal Procedure (), 1973, questions like Difference between 156 3 Bns Vs 202 Bns are increasingly common. These sections—corresponding closely to Sections 156(3) and 202—deal with a magistrate's powers to order investigations but operate at different stages of criminal proceedings. Whether you're a complainant, accused, or legal professional, grasping these distinctions is crucial for navigating complaints effectively.
This post breaks down the key differences, drawing from judicial precedents and recent cases under the new regime. Note that while BNSS maintains similar procedural frameworks, transitions from apply based on offence dates, as clarified in cases like
, where FIRs for pre- offences remain under / provisions despite later registration, but investigations follow BNSS procedures post-enforcement.
The core distinction between Section 156(3) and Section 202 lies in their stage of operation and purpose. Section 156(3) allows a magistrate to direct police investigation at the stage, serving as an initial inquiry trigger. In contrast, Section 202 enables ordering an investigation or inquiry after taking , to assess if there's sufficient ground to proceed. This separation ensures procedural efficiency, as emphasized in 2025 8 Supreme 499: The power to order police investigation under Section 156(3) is different from the power to direct investigation conferred by Section 202(1). The two operate in distinct spheres at different stages.
Section 156(3), under BNSS Chapter XII (akin to ), empowers magistrates to order police investigations . This is ideal for credible initial complaints needing police resources. As per 2025 8 Supreme 499, The power under Section 156(3) can be invoked by the Magistrate before taking ... Once the Magistrate takes , he cannot switch back to the stage and invoke Section 156(3).
Section 202, in Chapter XV (Complaints to Magistrates), post-dates . It's used when a magistrate examines a and needs further evidence before issuing process. Recent cases under BNSS, like 2025 Supreme(Online)(KAR) 10531, highlight this: Complaint was filed before commencement of and the learned Magistrate was required either to refer the complaint for Police investigation under or to take .
Under Section 156(3), the focus is initiating a full police investigation, culminating in a or —essentially a peremptory reminder to police 2023 4 Supreme 364.
Section 202's inquiry helps decide process issuance, limited to gathering evidence for merit assessment, not a complete probe 2025 8 Supreme 499. In 2024 0 Supreme(SC) 910, courts reinforced: once is taken, revert to 156(3) is impermissible.
156(3) grants police autonomy for evidence collection pre-judicial involvement. 202 involves magistrate oversight, possibly self-inquiry. rulings in 2024 0 Supreme(SC) 910 and 2010 2 Supreme 626 bar switching .
Under BNSS, this holds, as seen in bail contexts like 2025 Supreme(Online)(Chh) 9810, where investigations under new sections (e.g., BNSS 296, 115) proceed similarly, emphasizing evidence in pre-trial stages.
| Aspect | Section 156(3) | Section 202 ||---------------------|---------------------------------|--------------------------------------|| Stage | | || Power | Direct police investigation | Inquiry/investigation by police or magistrate || Purpose | Initiate police probe | Decide if grounds to proceed || Nature | Police-led | Judicial/directed || Restriction | Not after | Only after | 2025 8 Supreme 499
In BNSS transitions,
notes: If any offence is committed prior to enforcement of new criminal laws... F.I.R. is registered under provision of I.P.C.... but procedure for investigation will be as per BNSS. This ensures continuity without retroactive changes.
Courts consistently uphold these boundaries. For instance, 2023 4 Supreme 364 outlines the scheme: 156(3) for initial steps, 202 for evaluation. BNSS cases like 2025 Supreme(Online)(KAR) 10531 echo this, directing reconsideration under 156(3) .
for applicable code.
In bail scenarios, like 2025 Supreme(Online)(Kar) 14005, completed investigations under BNSS sections (e.g., 85, 108) influence decisions, underscoring early-stage choices.
: BNSS- transitions.
Section 156(3) and 202 BNSS (ex-) are pivotal yet distinct tools: pre- vs. , initiation vs. assessment. Misapplication can derail cases, so timing is key. With BNSS emphasizing efficiency, these powers remain foundational.
Key Takeaways:- ? Go 156(3).- ? Choose 202.- Consult timelines under new laws.
This article provides general insights based on precedents and is not legal advice. Always consult a qualified lawyer for case-specific guidance.
#BNSS #CrPCSections #LegalDifferences
(corresponding Sections 3 07, 147, 156 of IPC.) 2. ... , 333, 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 , 27 of Arms Act . ... Let the applicant - Pankaj Sahu, involved in Crime No - 42/2025, registered at Police Station – Newai, District - Durg (C.G.) for the offence punishable under Sections 296 , 115, 351(3), 333, 109, 3(5) of Bharatiya Nyaya Sanhita....
3. ... On 23.7.2024 the following order was passed: “The impugned FIR dated 3.7.2024 is registered under the provision of Indian Penal Code and not under Bharatiya Nyaya Sanhita (BNS) which came into force on 1st July, 2024. ... the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”) as well as the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNS....
ARREST IN THE CRIME NO.202/2022 FOR THE OFFENCE P/U/S 103(1), 85 AND 3(5) OF BNS ACT 2023. ... 3(5) of BNS and Sections 3 and 4 of DP Act, subject to the following conditions: 1. ... THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.202/2024 FOR THE OFFENCE P/U/S 103(1), 85 R/W SEC.3(5) OF #HL_START....
Complaint was filed before commencement of BNS, 2023 and the learned Magistrate was required either to refer the complaint for Police investigation under Section 156(3) of Cr.P.C or to take cognizance, or dismiss the complaint if no prima facie case is made out. ... This Court vide order dated 01.02.2023 in Crl.P.No.790/2023 directed the Trial Court to reconsider the matter afresh either to refer the same to the Police under Section #HL_STA....
Accused nos.1 & 4 in Crime No.202/2024 registered by Kanakapura Police Station, Ramanagara District, for the offences punishable under Sections 85 , 108 read with 3(5) of BNS, 2023, and Sections 3 & 4 of Sections 85 , 108 read with 3(5) of BNS, 2023, and Sections 3 & 4 of Dowry Prohibition Act, 1961 , subject to the following conditions:
(1962) 3 SCR 786 and Mahindra & Mahindra Ltd. v. Union of India, a href="./.. ... BNS ) and the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNS S ).
3. ... ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.202/2024 OF ALUR POLICE STATION, OFFENCE P/U/S.126(2),109 OF BNS 2023 PENDING IN CRIME NO.202/2024 ON THE ... Accused nos.1 & 2 in Crime No.202/2024 registered by Alur Police Station, Hassan District, for the offences punishable under Section....
Charge sheet is filed for the offence punishable under Sections 85, 115(2), 352, 351(3) of BNS, 2023. 4. The petitioner as well as respondent No.2/defacto complainant are present before the Court. They are identified by their respective learned counsel. ... V., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.993/2025 FOR THE O/P/U/S 85, 115(2), 352, 351(3) OF #HL_STA....
Under these circumstances, I am of the opinion that the petitioner is entitled for statutory bail as provided under Section 187(3) of BNS, 2023. 9. ... Accused No.1 in Crime No.156/2025 registered by Kurugod Police Station, Ballari District for the offences punishable under Sections 103(1), 108 and 85 of BNS, 2023 is before this Court under Section 483 of BNSS , 2023 seeking regular bail. ... Heard the learned counsel app....
3. ... Accused No.4 in Crime No.202/2024 registered by Alur Police Station, Hassan, for the offences punishable under Sections 126(2) and 109 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. ... FIR in Crime No.202/2024 was registered by Alur Police Station, Hassan District, initially for the offences punishable under Sections 126(2) an....
198/2025 alleging offences punishable under Sections 192, 351(3), 351(4) of BNS on 06.03. 2025. Therefore, this Court is of the view that there is some basis for the prosecution’s apprehension that if the children in conflict with law are released on bail, there is a threat to their safety. The release of the petitioners on bail will apparently expose them to physical as well as psychological danger. The said fact cannot be brushed aside while considering these petitions. Mor....
7. Chapter XVII of BNS deals with the offences against property. Section 329 to 333 of BNS deals with Criminal trespass. Criminal trespass and house trespass are defined in Section 329(1) and (2) of BNS respectively. Section 329(2) BNS says that, whoever commits criminal trespass by entering into or remaining in any building, tent, or vessel used as a human dwelling or any building used as a place of worship, or as a place for the custody of property is said to commit house-t....
FIR No. Dated Police Station Sections 132 29.09.2024 Dakha, District Ludhiana Rural 115(2), 117 (2), 190, 191(3), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (110 and 117 (4) of BNS added later on) 2024, he received a message through his friend that Manjit Kaur wanted to meet him at Baba Chicken, Mullanpur. On the same day, on receipt of this information, the complainant went to meet ....
The Section 108 of the BNS, 2023 reads as under: 108. Abetment of suicide -If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 24. From a bare reading of the provision, it is clear that to constitute an offence under Section 108 of the BNS, 2023, the prosecution has to establish: 23. Now, a close look into the law laid ....
8. Paragraphs 20 & 21 of the counter affidavit would be sufficient to form an opinion that the convict prisoner deserves no further lenient view from the hands of this Court. However, the Court has to ensure medical treatment to be provided to the prisoner based on the medical records available. All along the prisoner was allowed to take treatment as per his choice and in view of his further involvement in the alleged offences as narrated in paragraphs 20 & 21 of the counter affidavit, we have....
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