Indian criminal procedure | Updated October 2026

CrPC Section 1: Short Title, Extent and Commencement

Section 1 of the Code of Criminal Procedure, 1973 (CrPC) identified the law, described its territorial application and fixed its commencement date. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has since replaced the CrPC, subject to statutory savings.

Current legal position: The BNSS came into force on 1 July 2024, subject to the exception specified in the commencement notification. Section 531 repeals the CrPC while preserving specified pending proceedings and earlier legal acts. The applicable procedure depends on the facts and transitional provisions.

Section 1 of the Code of Criminal Procedure, 1973

The historical text of Section 1 contained three principal subsections:

Section 1(1): Short title

This Act may be called the Code of Criminal Procedure, 1973.

Section 1(2): Extent and exceptions

It extends to the whole of India.

Under the historical proviso, provisions other than those relating to Chapters VIII, X and XI did not apply to the State of Nagaland and the specified tribal areas, unless extended by the concerned State Government by notification, with permitted supplemental, incidental or consequential modifications.

Explanation - tribal areas: The territories that immediately before 21 January 1972 were included in the tribal areas of Assam under paragraph 20 of the Sixth Schedule to the Constitution, excluding areas within the municipal limits of Shillong.

Section 1(3): Commencement

The CrPC came into force on 1 April 1974.

The former reference excluding Jammu and Kashmir was omitted with effect from 31 October 2019 by the Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), section 95 and the Fifth Schedule.

Corresponding provision: Section 1 of BNSS, 2023

Section 1(1) gives the new law its short title: the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

Section 1(2) provides for the special territorial application of the BNSS in Nagaland and the defined tribal areas. Its exception concerns Chapters IX, XI and XII, rather than the CrPC's Chapters VIII, X and XI. The concerned State Government may extend the relevant provisions by notification, subject to the terms of the section.

Section 1(3) authorises the Central Government to appoint the commencement date by notification in the Official Gazette. Notification S.O. 848(E), dated 23 February 2024, appointed 1 July 2024, except for the specified First Schedule entry concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Repeal and savings under BNSS Section 531

Section 531(1) repeals the Code of Criminal Procedure, 1973. Section 531(2)(a) provides that appeals, applications, trials, inquiries and investigations pending immediately before commencement continue under the former CrPC as specified. Other clauses preserve or deem continued certain notifications, orders, appointments, sanctions and related legal acts. Section 531(3) addresses expired limitation periods.

Accordingly, repeal does not mean every pre-1 July 2024 matter automatically moves to the BNSS. The relevant savings provision, any special statute and the procedural history must be considered.

Historical state amendments noted in the CrPC

The following state-specific material appeared in the earlier article. It is retained for historical reference; its present operation, including any continuing savings, should be verified against the applicable state legislation and official notifications.

Haryana-
In the Code of Criminal Procedure (Haryana Amendment) Act, 2014,-In section 1, after figures "2014", the words "as extended to the Union territory of Chandigarh" shall be inserted;

[Vide Notification No. GSR929(E) dated 16th December, 2019.]

Manipur
In the Code of Criminal Procedure (Manipur Amendment) Act, 1982 (Manipur Act No. 3 of 1983), hereinafter referred to as the principal Act, for the sub-section (3) of section 1, the following shall be substituted, namely,-

"(3) It shall come into force, on its publication in the official Gazette, in such area of the State of Manipur and shall remain in force during such period as the notification issued under section 3 of the Armed Forces (Special Powers) Act, 1958 declaring that area to be a disturbed area shall be in operation, but its expiry under the operation of this sub-section shall not affect-

(a) the previous operation of, or anything duly done or suffered under, this act, or

(b) any right, privilege, obligation or liability acquired, accured or incurred under this Act, or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced any such penalty, forfeiture or punishment may be imposed as if this Act had not expired.".
[Vide Manipur Act 10 of 1983, s. 2]

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1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).

Official legislation and notifications

This article is for general legal information. Consult the statutory text, applicable notifications and case-specific legal advice before relying on a procedural provision.