⚠️ Material Changes Identified

Law Transition Comparison: Section 180 BNSS vs Section 161 CrPC

Side-by-side analysis of statutory changes, penal differences, bailable classification, trial courts, and precedents following India's July 2024 criminal law transition.

⚠️ Material Difference Highlights

Witness statement: BNSS allows audio-video recording.

AI Legal Analysis & Key Differences

Statutory Analysis: The transition from CrPC to BNSS for this provision introduces material changes to the legal framework.

Specific Modifications:

Witness statement: BNSS allows audio-video recording.

Penal & Procedural Impact:

The statutory maximum penalties and offenses classification remain consistent, but procedural execution under the new Sanhitas is subject to revised guidelines.

Transition Checklist for Legal Practitioners

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Verify Date of Offense (Crucial for Application)

If the alleged offense occurred before July 1, 2024, substantive charges must be filed under the old act (CrPC). For offenses on or after July 1, 2024, use the new Sanhita (BNSS).

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Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 180 of the BNSS instead of the old Section 161 of the CrPC.

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Confirm Savings Clause Compliance

Apply the savings clause (Section 531 BNSS or Section 358 BNS) to confirm that any trials, appeals, or investigations pending as of July 1, 2024 continue under the old code (CrPC) as if the new Sanhitas had not been enacted.

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Review Updated Bail and Trial Jurisdiction

Double-check the schedule in BNSS or CrPC to verify if the trial court jurisdiction (e.g. Session Court vs Magistrate) or the bailable status has been altered for Section 180.

Act Source (Active Site)

Section 180

Bharatiya Nagarik Suraksha Sanhita

Official Statutory Text

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.

Procedural Profile

Offence Category	N/A / Procedural
Bail Eligibility	Procedural
Arrest Classification	Procedural
Trial Court	Procedural
Max Punishment	Procedural

Act Source (Compared)

Section 161

Code of Criminal Procedure, 1973

Official Statutory Text

Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
		Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
		The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.Provided that statement made under this sub-section may also be recorded by audio-video electronic means.Provided further that the statement of a woman against whom an offence under section 354, section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of The Indian Penal Code is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.
	

1 Criminal Law (Amendment) Act, 2018

Procedural Profile

Offence Category	N/A / Procedural
Bail Eligibility	Procedural
Arrest Classification	Procedural
Trial Court	Procedural
Max Punishment	Procedural

Explore Section 180 Details Explore Section 161 Details