✓ Substantially Identical

Law Transition Comparison: Section 258 BNSS vs Section 235 CrPC

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

AI Legal Analysis & Key Differences

No material statutory changes have been made to the core text of this provision during the transition. The wording, elements, and thresholds remain substantially identical. However, practitioners must adapt to the new section numbering and procedural alignment under the 2023 Sanhitas.

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 258 of the BNSS instead of the old Section 235 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 258.

Act Source (Active Site)

Section 258

Bharatiya Nagarik Suraksha Sanhita

Official Statutory Text

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing. (2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.

Procedural Profile

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

Act Source (Compared)

Section 235

Code of Criminal Procedure, 1973

Official Statutory Text

After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
		If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.

Procedural Profile

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

Explore Section 258 Details Explore Section 235 Details