Criminal Defence
Anticipatory Bail in Uttar Pradesh under Section 482 BNSS
How anticipatory bail works in UP under Section 482 BNSS: who can apply, which court, what the court weighs, documents needed, and options if refused.
The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita on 1 July 2024, and the Criminal Procedure Code by the Bharatiya Nagarik Suraksha Sanhita. Which law applies to your case depends on the date the FIR was registered, not the date of hearing: an FIR registered before 1 July 2024 continues under the IPC and CrPC to its conclusion.
On 1 July 2024 three statutes replaced the criminal law framework that had been in place since the nineteenth century:
| Replaced | By |
|---|---|
| Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 (BNS) |
| Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) |
| Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 (BSA) |
The practical consequence for anyone with a case is that section numbers on papers filed after that date differ from the numbers people are used to. This note is a working table for the provisions most often encountered.
This is the question that matters most, and it is answered simply.
The law in force when the offence was committed governs the case. An FIR registered before 1 July 2024 continues under the IPC and the CrPC, through trial and appeal, to its conclusion. An FIR registered on or after that date proceeds under the BNS and BNSS. This follows from Section 6 of the General Clauses Act, 1897, which preserves rights and proceedings under a repealed statute, and from the savings provisions in the new codes themselves.
So the district courts are, and will be for years, running both regimes at once. If your case is from 2023, nothing about it changes.
| Offence | IPC | BNS |
|---|---|---|
| Murder | 302 | 103 |
| Culpable homicide not amounting to murder | 304 | 105 |
| Death by negligence | 304A | 106 |
| Attempt to murder | 307 | 109 |
| Dowry death | 304B | 80 |
| Abetment of suicide | 306 | 108 |
| Voluntarily causing hurt | 323 | 115 |
| Voluntarily causing grievous hurt | 325 | 117 |
| Wrongful restraint | 341 | 126 |
| Wrongful confinement | 342 | 127 |
| Assault or criminal force on a woman | 354 | 74 |
| Kidnapping | 363 | 137 |
| Rape | 376 | 64 |
| Theft | 379 | 303 |
| Robbery | 392 | 309 |
| Dacoity | 395 | 310 |
| Criminal breach of trust | 406 | 316 |
| Cheating | 420 | 318 |
| Forgery | 465 | 336 |
| Forged document as genuine | 471 | 340 |
| Cruelty to a married woman | 498A | 85 and 86 |
| Criminal intimidation | 506 | 351 |
| Defamation | 499, 500 | 356 |
| Criminal conspiracy | 120B | 61 |
| Rioting | 147 | 191 |
| Unlawful assembly | 141 | 189 |
| Public servant taking gratification | 161 | (Prevention of Corruption Act) |
| Mischief | 425 | 324 |
| Criminal trespass | 441 | 329 |
| House trespass | 448 | 331 |
| Subject | CrPC | BNSS |
|---|---|---|
| First Information Report | 154 | 173 |
| Direction to police to register FIR | 156(3) | 175(3) |
| Notice to appear before police | 41A | 35 |
| Arrest without warrant | 41 | 35 |
| Police custody / remand, default bail | 167 | 187 |
| Statement to police | 161 | 180 |
| Statement before Magistrate | 164 | 183 |
| Search and seizure | 165 | 185 |
| Bail — bailable offence | 436 | 478 |
| Bail — non-bailable offence | 437 | 480 |
| Anticipatory bail | 438 | 482 |
| Bail powers of Sessions and High Court | 439 | 483 |
| Complaint to Magistrate | 200 | 223 |
| Maintenance of wife, children, parents | 125 | 144 |
| Framing of charge | 228 | 251 |
| Examination of the accused | 313 | 351 |
| Discharge | 227 | 250 |
| Inherent powers of High Court (quashing) | 482 | 528 |
| Revision | 397 | 438 |
| Appeal against conviction | 374 | 415 |
| Compounding of offences | 320 | 359 |
| Security for keeping the peace | 107 | 126 |
| Unlawful assembly — dispersal order | 144 | 163 |
Two of these come up constantly and are worth fixing in memory:
| Subject | Evidence Act | BSA |
|---|---|---|
| Admissions | 17 | 15 |
| Confession to police not provable | 25 | 23 |
| Statement leading to discovery | 27 | 23(2) |
| Dying declaration | 32(1) | 26(a) |
| Electronic records as documents | 65B | 63 |
| Expert opinion | 45 | 39 |
| Burden of proof | 101 | 104 |
| Presumption as to dowry death | 113B | 118 |
The change with the most practical bite is Section 63 BSA on electronic records, which carries forward and expands the certificate requirement that was in Section 65B. If you intend to rely on messages, call recordings or CCTV, preserve the original device and take advice on the certificate early. A screenshot forwarded through WhatsApp is not, by itself, proof of anything.
The BNS is not merely a renumbering. Among the substantive changes:
On procedure, the BNSS introduces timelines that did not previously exist — including a requirement that judgment be pronounced within a fixed period after conclusion of trial, and provision for electronic filing of an FIR and for a Zero FIR to be registered irrespective of territorial jurisdiction under Section 173.
Do not rely on a table — including this one — for anything that matters. The bare Acts are published by the Government of India at India Code, and that is the source to cite.
A mapping table is a navigational aid. The wording of the section, and the case law on it, is what decides a case.
It depends on when the offence was committed and the FIR registered. If the FIR was registered before 1 July 2024, the case continues under the Indian Penal Code and the Criminal Procedure Code through to its conclusion, including appeal. If it was registered on or after 1 July 2024, the BNS and BNSS apply. Courts are running both regimes side by side for this reason.
Cruelty to a married woman by her husband or his relatives is now Sections 85 and 86 of the Bharatiya Nyaya Sanhita. Section 85 creates the offence and carries the same punishment of up to three years and a fine. Section 86 defines cruelty, reproducing the explanation that was attached to Section 498A.
For most offences carried over from the IPC the punishment is unchanged. The BNS did introduce new offences, notably organised crime and terrorist acts, and it removed some provisions including Section 377 IPC and the sedition provision in Section 124A, replaced by a differently framed offence in Section 152. Check the specific section rather than assuming.
No. The change does not require any step by an accused or a complainant in a pending case. A case registered under the IPC continues under the IPC. What does matter is that any new complaint or FIR will cite BNS sections, so the numbers on your papers will differ from older cases about the same conduct.