✓ Substantially Identical

Law Transition Comparison: Section 248 CrPC vs Section 271 BNSS

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

✓

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 (BNSS). For offenses on or after July 1, 2024, use the new Sanhita (CrPC).

✓

Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 248 of the CrPC instead of the old Section 271 of the BNSS.

✓

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 (BNSS) as if the new Sanhitas had not been enacted.

✓

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 248.

Act Source (Active Site)

Section 248

Code of Criminal Procedure, 1973

Official Statutory Text

If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
		Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
		Where, in any case under this Chapter, a previous conviction is charged under the provisions of Sub-Section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon;
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under Sub-Section (2).

Procedural Profile

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

Act Source (Compared)

Section 271

Bharatiya Nagarik Suraksha Sanhita

Official Statutory Text

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub- section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).

Procedural Profile

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

Explore Section 248 Details Explore Section 271 Details