Law Transition Comparison: Section 436 CrPC vs Section 478 BNSS

Bailable offences: Bail as of right. Identical.

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

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 436 of the CrPC instead of the old Section 478 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 436.