Here’s a comprehensive guide to understanding applications in criminal proceedings under the BNSS, 2023 (Bharatiya Nagarik Suraksha Sanhita) — the new procedural criminal law that replaces the CrPC, 1973 effective 1 July 2024.
What is an Application in Criminal Proceedings?
An application is a formal written request submitted to a Criminal Court seeking a specific order or relief during any stage of a criminal case. Applications help parties navigate procedural or substantive aspects of the criminal process under BNSS.
Common Applications in Criminal Proceedings under BNSS, 2023
| Purpose | BNSS Section (New Equivalent) |
| Regular Bail | Section 479–482 (replaces CrPC 436–439) |
| Anticipatory Bail | Section 484 (replaces CrPC 438) |
| Discharge Application | Section 250/254 (Magistrate/Sessions trial) |
| Exemption from Personal Appearance | Section 264 (replaces CrPC 205/317) |
| Return/Release of Property | Section 491–492 (replaces CrPC 451/457) |
| Compounding of Offence | Section 358 (replaces CrPC 320) |
| Application for Plea Bargaining | Section 289 (similar to CrPC 265A) |
| Transfer of Case to Another Court | Section 456–459 (replaces CrPC 406–410) |
| Quashing or Inherent Powers (High Court) | Section 532 (replaces CrPC 482) |
| Application to File Additional Documents | Based on trial stage – permitted by court discretion |
| Application for Adjournment | Made orally or in writing under court discretion |
Key Stages Where Applications Are Filed
| Stage | Applications Commonly Filed |
| Pre-FIR/Pre-Arrest | Anticipatory Bail, Quashing of Complaint/FIR |
| Post-FIR, Pre-Charge | Regular Bail, Discharge, Exemption, Property Return |
| During Trial | Adjournments, Production of Witnesses/Documents, Compromise |
| Post-Trial | Appeal, Revision, Suspension of Sentence |
Bail Application under BNSS Section 480/482
Anticipatory Bail under Section 484
Discharge under Section 250
Exemption from Appearance under Section 264
Application for Return of Property under Section 491
Application under Section 532 for Quashing (High Court)
Key Changes from CrPC to BNSS
| Concept | CrPC Section | BNSS Section |
| Regular Bail | 436–439 | 479–482 |
| Anticipatory Bail | 438 | 484 |
| Inherent Powers | 482 | 532 |
| Property Return | 451–457 | 491–492 |
| Plea Bargaining | 265A | 289 |
| Discharge (Sessions) | 227 | 254 |
| Exemption from Appearance | 205/317 | 264 |
Final Tips for Filing Applications
- File applications in writing, addressed to the proper court with correct section.
- Attach supporting documents, affidavits, or medical certificates if required.
- Always serve a copy to the other side (State or complainant).
- Ensure correct court fees or stamp duty as per local rules.
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