This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) with effect from 1 July 2024, as part of the package of three new criminal laws enacted in December 2023 that also replaced the Indian Penal Code and the Indian Evidence Act. While the BNSS retains the architecture of the CrPC in most respects, it introduces targeted changes — and Section 7, dealing with territorial divisions, is a good illustration of a small but meaningful reform.
This article compares BNSS Section 7 and CrPC Section 7, highlights the key change, and explains why the change was made.
CrPC Section 7 — Text and Scheme
Section 7 of the Code of Criminal Procedure, 1973 reads as follows:
7. Territorial divisions. — (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts:
Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.
(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.
The scheme under the CrPC was as follows: every State was divided, for criminal administration purposes, into sessions divisions, which in turn corresponded to districts or groups of districts. Sub-divisions could be carved out of districts in consultation with the High Court. However, the proviso created a special category — every metropolitan area (as notified under Section 8 of the CrPC) was automatically treated as a separate sessions division and a separate district, independent of the surrounding civil district.
BNSS Section 7 — Text
Section 7 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads as follows:
7. Territorial divisions. — (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Sanhita, be a district or consist of districts.
(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.
Key Difference Between CrPC Section 7 and BNSS Section 7
The difference between CrPC Section 7 and BNSS Section 7 lies almost entirely in one omission. A side-by-side comparison of BNSS Section 7 and CrPC Section 7 shows the following:
| Feature | CrPC Section 7 (1973) | BNSS Section 7 (2023) |
|---|---|---|
| Sub-section (1) — State as sessions division | Present | Retained (identical) |
| Proviso — metropolitan area as separate sessions division and district | Present | Omitted |
| Sub-section (2) — alteration of limits with High Court consultation | Present | Retained |
| Sub-section (3) — division of district into sub-divisions | Present | Retained |
| Sub-section (4) — saving of existing divisions | Refers to “this Code” | Refers to “this Sanhita” |
| Statute | Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Effective date | 1 April 1974 | 1 July 2024 |
The one substantive change in BNSS Section 7 compared to CrPC Section 7 is the deletion of the proviso which treated every metropolitan area as a separate sessions division and district.
Why Was the Metropolitan-Area Proviso Dropped?
This is not a drafting oversight. It is consequential on a much bigger structural change introduced by the BNSS — the abolition of the separate metropolitan magistrate system.
Under the CrPC:
- Section 8 provided for the declaration of metropolitan areas (any city with a population of one million or more).
- Sections 16, 17, and 18 provided for Courts of Metropolitan Magistrates, Chief Metropolitan Magistrates, and Additional Chief Metropolitan Magistrates.
- Consequently, the Section 7 proviso was needed to ring-fence every metropolitan area as a distinct sessions division and district so that this parallel hierarchy of metropolitan courts could operate.
The BNSS does away with this dual structure. Metropolitan cities are now administered under the ordinary Judicial Magistrate framework — there are no separate Metropolitan Magistrates or Chief Metropolitan Magistrates under the new Sanhita. Once the metropolitan magistrate system was abolished, the proviso to Section 7 had no work to do and was accordingly dropped.
This is one of several changes in the Bharatiya Nagarik Suraksha Sanhita, 2023 compared to the CrPC aimed at simplifying the hierarchy of criminal courts and removing distinctions that had become largely formal — most metropolitan districts were already functionally integrated with their surrounding sessions divisions in practice.
Practical Implications of the Change
For practitioners and litigants, the practical consequences of the difference between CrPC Section 7 and BNSS Section 7 are limited but worth noting:
- Uniform district structure. Criminal jurisdiction in metropolitan cities now follows the same pattern as the rest of the State — one sessions division per district or group of districts, without the automatic carve-out that earlier existed for metros like Mumbai, Chennai, Kolkata, Delhi, Bengaluru, Hyderabad, and Ahmedabad.
- No separate metropolitan sessions division by default. A State can still, under BNSS Section 7(2), alter the limits or number of sessions divisions in consultation with the High Court — so a large city may still constitute its own sessions division, but only by express administrative decision, not automatically by operation of the statute.
- Savings clause preserves continuity. Under BNSS Section 7(4), all sessions divisions, districts, and sub-divisions existing on 1 July 2024 are deemed to have been formed under the BNSS. Existing court structures therefore continue without disruption until the State Government issues fresh notifications.
- No change for courts outside metros. For non-metropolitan districts, BNSS Section 7 produces no change in practice — the scheme is identical to the CrPC.
Timeline — When Was CrPC Replaced by BNSS?
- 25 December 2023 — Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023) received the assent of the President.
- 24 February 2024 — The Ministry of Home Affairs notified 1 July 2024 as the effective date for the three new criminal laws.
- 1 July 2024 — BNSS 2023 came into force and replaced the CrPC 1973 for all new proceedings from that date. Pending proceedings already instituted under the CrPC continue to be governed by the CrPC under the savings provisions in BNSS Section 531.
So the short answer to the question “CrPC replaced by BNSS — effective date?” is 1 July 2024, and the short answer to “BNSS 2023 replaces CrPC 1973?” is yes, with effect from 1 July 2024.
Summary of Key Changes in BNSS Section 7 Compared to CrPC Section 7
- The opening sub-section is preserved verbatim, except that “this Code” is replaced by “this Sanhita”.
- The proviso treating metropolitan areas as separate sessions divisions and districts has been removed.
- Sub-sections (2), (3), and (4) are carried forward without substantive change.
- The removal of the proviso is a consequential change flowing from the abolition of the separate metropolitan magistrate system under the BNSS, and does not affect the fundamental scheme of sessions divisions, districts, and sub-divisions.
Related Reading on BNSS
- Key Changes from CrPC to BNSS 2023 — a broader overview of the structural reforms introduced by the new criminal procedure code.
- Anticipatory Bail under BNSS — how the BNSS treats pre-arrest bail compared to Section 438 CrPC.
- Section 183 BNSS — Recording of Statements and Confessions — the successor to Section 164 CrPC.
- UP Police Arrest Guidelines — Section 35 BNSS — Allahabad High Court on procedural safeguards during arrest.
- Maintenance under Section 125 CrPC / Section 144 BNSS — how maintenance provisions carry over into BNSS.
Useful Resources
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Indian Kanoon
- Code of Criminal Procedure, 1973 — Section 7
- India Code — Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
- Ministry of Home Affairs — New Criminal Laws
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.