CrPC Section 389 = BNSS Section 430
Suspension of Sentence Pending Appeal
अपील लंबित रहने तक दण्डादेश का निलंबन
Overview
Side-by-Side Comparison
| Aspect | CrPC (Old) | BNSS (New) |
|---|---|---|
| Section Number | Section 389 | Section 430 |
| Title | Suspension of Sentence Pending Appeal | Suspension of Sentence Pending Appeal |
| Punishment | N/A (Procedural) | N/A (Procedural) |
| Cognizable | Yes — Police can arrest without warrant | |
| Bailable | Yes — Bail is a matter of right | |
| Compoundable | No — Cannot be compounded/settled | |
| Triable By | Magistrate / Court of Session | |
Key Changes
- Section number changed from CrPC 389 to BNSS 430
- BNSS modernizes the procedural framework with updated terminology and structure
- Substantive provisions remain largely the same with minor procedural refinements
Frequently Asked Questions
What is the BNSS equivalent of CrPC Section 389?
CrPC Section 389 (Suspension of Sentence Pending Appeal) is now BNSS Section 430 under the Bharatiya Nagarik Suraksha Sanhita 2023, effective from July 1, 2024.
Has CrPC Section 389 changed under BNSS?
The core provision remains substantially the same under BNSS Section 430. The BNSS reorganizes the procedural code with updated language and some procedural refinements.
Legal Disclaimer
This CrPC-to-BNSS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.
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