The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) is a comprehensive code of criminal procedure introduced to replace the Code of Criminal Procedure (CrPC), aiming to modernize India's criminal justice system and enhance the use of technology in legal processes.

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Summary

The BNSS2 represents a major reform in India's legal framework, focusing on increased use of technology in criminal proceedings, greater victim protection, and streamlined criminal procedures. The code seeks to balance the severity of punishments with the gravity of offenses and includes several provisions to safeguard the rights of the accused, such as the presumption of innocence and the right to legal representation. Despite its aims to improve efficiency and fairness in the justice system, there are concerns regarding its potential misuse.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement.

Section 2 : Definitions.

Section 3 : Construction of references.

Section 4 : Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.

Section 5 : Saving.

CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 6 : Classes of Criminal Courts.

Section 7 : Territorial divisions.

Section 8 : Court of Session.

Section 9 : Courts of Judicial Magistrates.

Section 10 : Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

Section 11 : Special Judicial Magistrates.

Section 12 : Local Jurisdiction of Judicial Magistrates.

Section 13 : Subordination of Judicial Magistrates.

Section 14 : Executive Magistrates.

Section 15 : Special Executive Magistrates.

Section 16 : Local Jurisdiction of Executive Magistrates.

Section 17 : Subordination of Executive Magistrates.

Section 18 : Public Prosecutors.

Section 19 : Assistant Public Prosecutors.

Section 20 : Directorate of Prosecution.

CHAPTER III
POWER OF COURTS

Section 21 : Courts by which offences are triable.

Section 22 : Sentences which High Courts and Sessions Judges may pass.

Section 23 : Sentences which Magistrates may pass.

Section 24 : Sentence of imprisonment in default of fine.

Section 25 : Sentence in cases of conviction of several offences at one trial.

Section 26 : Mode of conferring powers.

Section 27 : Powers of officers appointed.

Section 28 : Withdrawal of powers.

Section 29 : Powers of Judges and Magistrates exercisable by their successors-in-office.

CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Section 30 : Powers of superior officers of police.

Section 31 : Public when to assist Magistrates and police.

Section 32 : Aid to person, other than police officer, executing warrant.

Section 33 : Public to give information of certain offences.

Section 34 : Duty of officers employed in connection with affairs of a village to make certain report.

CHAPTER V
ARREST OF PERSONS

Section 35 : When police may arrest without warrant.

Section 36 : Procedure of arrest and duties of officer making arrest.

Section 37 : Designated police officer.

Section 38 : Right of arrested person to meet an advocate of his choice during interrogation.

Section 39 : Arrest on refusal to give name and residence.

Section 40 : Arrest by private person and procedure on such arrest.

Section 41 : Arrest by Magistrate.

Section 42 : Protection of members of Armed Forces from arrest.

Section 43 : Arrest how made.

Section 44 : Search of place entered by person sought to be arrested.

Section 45 : Pursuit of offenders into other jurisdictions.

Section 46 : No unnecessary restraint.

Section 47 : Person arrested to be informed of grounds of arrest and of right to bail.

Section 48 : Obligation of person making arrest to inform about arrest, etc., to relative or friend.

Section 49 : Search of arrested person.

Section 50 : Power to seize offensive weapons.

Section 51 : Examination of accused by medical practitioner at request of police officer.

Section 52 : Examination of person accused of rape by medical practitioner.

Section 53 : Examination of arrested person by medical officer.

Section 54 : Identification of person arrested.

Section 55 : Procedure when police officer deputes subordinate to arrest without warrant.

Section 56 : Health and safety of arrested person.

Section 57 : Person arrested to be taken before Magistrate or officer in charge of police station.

Section 58 : Person arrested not to be detained more than twenty-four hours.

Section 59 : Police to report apprehensions.

Section 60 : Discharge of person apprehended.

Section 61 : Power, on escape, to pursue and retake.

Section 62 : Arrest to be made strictly according to Sanhita.

CHAPTER VI
PROCESSES TO COMPEL APPEARANCE

A
Summons

Section 63 : Form of summons.

Section 64 : Summons how served.

Section 65 : Service of summons on corporate bodies, firms, and societies.

Section 66 : Service when persons summoned can not be found.

Section 67 : Procedure when service can not be effected as before provided.

Section 68 : Service on Government servant.

Section 69 : Service of summons outside local limits.

Section 70 : Proof of service in such cases and when serving officer not present.

Section 71 : Service of summons on witness.

B
Warrant of arrest

Section 72 : Form of warrant of arrest and duration.

Section 73 : Power to direct security to be taken.

Section 74 : Warrants to whom directed.

Section 75 : Warrant may be directed to any person.

Section 76 : Warrant directed to police officer.

Section 77 : Notification of substance of warrant.

Section 78 : Person arrested to be brought before Court without delay.

Section 79 : Where warrant may be executed.

Section 80 : Warrant forwarded for execution outside jurisdiction.

Section 81 : Warrant directed to police officer for execution outside jurisdiction.

Section 82 : Procedure on arrest of person against whom warrant issued.

Section 83 : Procedure by Magistrate before whom such person arrested is brought.

C
Proclamation and attachment

Section 84 : Proclamation for person absconding.

Section 85 : Attachment of property of person absconding.

Section 86 : Identification and attachment of property of proclaimed person.

Section 87 : Claims and objections to attachment.

Section 88 : Release, sale and restoration of attached property.

Section 89 : Appeal from order rejecting application for restoration of attached property.

D
Other rules regarding processes

Section 90 : Issue of warrant in lieu of, or in addition to, summons.

Section 91 : Power to take bond or bail bond for appearance.

Section 92 : Arrest on breach of bond or bail bond for appearance.

Section 93 : Provisions of this Chapter generally applicable to summons and warrants of arrest.

CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A
Summons to produce

Section 94 : Summons to produce document or other thing.

Section 95 : Procedure as to letters.

B
Search
warrants

Section 96 : When search-warrant may be issued.

Section 97 : Search of place suspected to contain stolen property, forged documents, etc.

Section 98 : Power to declare certain publications forfeited and to issue search-warrants for same.

Section 99 : Application to High Court to set aside declaration of forfeiture.

Section 100 : Search for persons wrongfully confined.

Section 101 : Power to compel restoration of abducted females.

C
General provisions relating to searches

Section 102 : Direction, etc., of search-warrants.

Section 103 : Persons in charge of closed place to allow search.

Section 104 : Disposal of things found in search beyond jurisdiction.

D
Miscellaneous

Section 105 : Recording of search and seizure through audio-video electronic means.

Section 106 : Power of police officer to seize certain property.

Section 107 : Attachment, forfeiture or restoration of property.

Section 108 : Magistrate may direct search in his presence.

Section 109 : Power to impound document, etc., produced.

Section 110 : Reciprocal arrangements regarding processes.

CHAPTER VIII
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Section 111 : Definitions.

Section 112 : Letter of request to competent authority for investigation in a country or place outside India.

Section 113 : Letter of request from a country or place outside India to a Court or an authority for investigation in India.

Section 114 : Assistance in securing transfer of persons.

Section 115 : Assistance in relation to orders of attachment or forfeiture of property.

Section 116 : Identifying unlawfully acquired property.

Section 117 : Seizure or attachment of property.

Section 118 : Management of properties seized or forfeited under this Chapter.

Section 119 : Notice of forfeiture of property.

Section 120 : Forfeiture of property in certain cases.

Section 121 : Fine in lieu of forfeiture.

Section 122 : Certain transfers to be null and void.

Section 123 : Procedure in respect of letter of request.

Section 124 : Application of this Chapter.

CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Section 125 : Security for keeping peace on conviction.

Section 126 : Security for keeping peace in other cases.

Section 127 : Security for good behaviour from persons disseminating certain matters.

Section 128 : Security for good behaviour from suspected persons.

Section 129 : Security for good behaviour from habitual offenders.

Section 130 : Order to be made.

Section 131 : Procedure in respect of person present in Court.

Section 132 : Summons or warrant in case of person not so present.

Section 133 : Copy of order to accompany summons or warrant.

Section 134 : Power to dispense with personal attendance.

Section 135 : Inquiry as to truth of information.

Section 136 : Order to give security.

Section 137 : Discharge of person informed against.

Section 138 : Commencement of period for which security is required.

Section 139 : Contents of bond.

Section 140 : Power to reject sureties.

Section 141 : Imprisonment in default of security.

Section 142 : Power to release persons imprisoned for failing to give security.

Section 143 : Security for unexpired period of bond.

CHAPTER X
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 144 : Order for maintenance of wives, children and parents.

Section 145 : Procedure.

Section 146 : Alteration in allowance.

Section 147 : Enforcement of order of maintenance.

CHAPTER XI
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A
Unlawful assemblies

Section 148 : Dispersal of assembly by use of civil force.

Section 149 : Use of armed forces to disperse assembly.

Section 150 : Power of certain armed force officers to disperse assembly.

Section 151 : Protection against prosecution for acts done under sections 148, 149 and 150.

B
Public nuisances

Section 152 : Conditional order for removal of nuisance.

Section 153 : Service or notification of order.

Section 154 : Person to whom order is addressed to obey or show cause.

Section 155 : Penalty for failure to comply with section 154.

Section 156 : Procedure where existence of public right is denied.

Section 157 : Procedure where person against whom order is made under section 152 appears to show cause.

Section 158 : Power of Magistrate to direct local investigation and examination of an expert.

Section 159 : Power of Magistrate to furnish written instructions, etc.

Section 160 : Procedure on order being made absolute and consequences of disobedience.

Section 161 : Injunction pending inquiry.

Section 162 : Magistrate may prohibit repetition or continuance of public nuisance.

C
Urgent cases of nuisance or apprehended danger

Section 163 : Power to issue order in urgent cases of nuisance or apprehended danger.

D
Disputes as to immovable property

Section 164 : Procedure where dispute concerning land or water is likely to cause breach of peace.

Section 165 : Power to attach subject of dispute and to appoint receiver.

Section 166 : Dispute concerning right of use of land or water.

Section 167 : Local inquiry.

CHAPTER XII
PREVENTIVE ACTION OF THE POLICE

Section 168 : Police to prevent cognizable offences.

Section 169 : Information of design to commit cognizable offences.

Section 170 : Arrest to prevent commission of cognizable offences.

Section 171 : Prevention of injury to public property.

Section 172 : Persons bound to conform to lawful directions of police.

CHAPTER XIII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 173 : Information in cognizable cases.

Section 174 : Information as to non-cognizable cases and investigation of such cases.

Section 175 : Police officer's power to investigate cognizable case.

Section 176 : Procedure for investigation.

Section 177 : Report how submitted.

Section 178 : Power to hold investigation or preliminary inquiry.

Section 179 : Police officer's power to require attendance of witnesses.

Section 180 : Examination of witnesses by police.

Section 181 : Statements to police and use thereof.

Section 182 : No inducement to be offered.

Section 183 : Recording of confessions and statements.

Section 184 : Medical examination of victim of rape.

Section 185 : Search by police officer.

Section 186 : When officer in charge of police station may require another to issue search-warrant.

Section 187 : Procedure when investigation can not be completed in twenty-four hours.

Section 188 : Report of investigation by subordinate police officer.

Section 189 : Release of accused when evidence deficient.

Section 190 : Cases to be sent to Magistrate, when evidence is sufficient.

Section 191 : Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.

Section 192 : Diary of proceedings in investigation.

Section 193 : Report of police officer on completion of investigation.

Section 194 : Police to enquire and report on suicide, etc.

Section 195 : Power to summon persons.

Section 196 : Inquiry by Magistrate into cause of death.

CHAPTER XIV
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 197 : Ordinary place of inquiry and trial.

Section 198 : Place of inquiry or trial.

Section 199 : Offence triable where act is done or consequence ensues.

Section 200 : Place of trial where act is an offence by reason of relation to other offence.

Section 201 : Place of trial in case of certain offences.

Section 202 : Offences committed by means of electronic communications, letters, etc.

Section 203 : Offence committed on journey or voyage.

Section 204 : Place of trial for offences triable together.

Section 205 : Power to order cases to be tried in different sessions divisions.

Section 206 : High Court to decide, in case of doubt, district where inquiry or trial shall take place.

Section 207 : Power to issue summons or warrant for offence committed beyond local jurisdiction.

Section 208 : Offence committed outside India.

Section 209 : Receipt of evidence relating to offences committed outside India.

CHAPTER XV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 210 : Cognizance of offences by Magistrate.

Section 211 : Transfer on application of accused.

Section 212 : Making over of cases to Magistrates.

Section 213 : Cognizance of offences by Court of Session.

Section 214 : Additional Sessions Judges to try cases made over to them.

Section 215 : Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

Section 216 : Procedure for witnesses in case of threatening, etc.

Section 217 : Prosecution for offences against State and for criminal conspiracy to commit such offence.

Section 218 : Prosecution of Judges and public servants.

Section 219 : Prosecution for offences against marriage.

Section 220 : Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.

Section 221 : Cognizance of offence.

Section 222 : Prosecution for defamation.

CHAPTER XVI
COMPLAINTS TO MAGISTRATES

Section 223 : Examination of complainant.

Section 224 : Procedure by Magistrate not competent to take cognizance of case.

Section 225 : Postponement of issue of process.

Section 226 : Dismissal of complaint.

CHAPTER XVII
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227 : Issue of process.

Section 228 : Magistrate may dispense with personal attendance of accused.

Section 229 : Special summons in cases of petty offence.

Section 230 : Supply to accused of copy of police report and other documents.

Section 231 : Supply of copies of statements and documents to accused in other cases triable by Court of Session.

Section 232 : Commitment of case to Court of Session when offence is triable exclusively by it.

Section 233 : Procedure to be followed when there is a complaint case and police investigation in respect of same offence.

CHAPTER XVIII
THE CHARGE

A
Form of charges

Section 234 : Contents of charge.

Section 235 : Particulars as to time, place and person.

Section 236 : When manner of committing offence must be stated.

Section 237 : Words in charge taken in sense of law under which offence is punishable.

Section 238 : Effect of errors.

Section 239 : Court may alter charge.

Section 240 : Recall of witnesses when charge altered.

B
Joinder of charges

Section 241 : Separate charges for distinct offences.

Section 242 : Offences of same kind within year may be charged together.

Section 243 : Trial for more than one offence.

Section 244 : Where it is doubtful what offence has been committed.

Section 245 : When offence proved included in offence charged.

Section 246 : What persons may be charged jointly.

Section 247 : Withdrawal of remaining charges on conviction on one of several charges.

CHAPTER XIX
TRIAL BEFORE A COURT OF SESSION

Section 248 : Trial to be conducted by Public Prosecutor.

Section 249 : Opening case for prosecution.

Section 250 : Discharge.

Section 251 : Framing of charge.

Section 252 : Conviction on plea of guilty.

Section 253 : Date for prosecution evidence.

Section 254 : Evidence for prosecution.

Section 255 : Acquittal.

Section 256 : Entering upon defence.

Section 257 : Arguments.

Section 258 : Judgment of acquittal or conviction.

Section 259 : Previous conviction.

Section 260 : Procedure in cases instituted under sub-section (2) of section 222.

CHAPTER XX
TRIAL OF WARRANT
CASES BY MAGISTRATES

A
Cases instituted on a police report

Section 261 : Compliance with section 230.

Section 262 : When accused shall be discharged.

Section 263 : Framing of charge.

Section 264 : Conviction on plea of guilty.

Section 265 : Evidence for prosecution.

Section 266 : Evidence for defence.

B
Cases instituted otherwise than on police report

Section 267 : Evidence for prosecution.

Section 268 : When accused shall be discharged.

Section 269 : Procedure where accused is not discharged.

Section 270 : Evidence for defence.

C
Conclusion of trial

Section 271 : Acquittal or conviction.

Section 272 : Absence of complainant.

Section 273 : Compensation for accusation without reasonable cause.

CHAPTER XXI
TRIAL OF SUMMONS
CASES BY MAGISTRATES

Section 274 : Substance of accusation to be stated.

Section 275 : Conviction on plea of guilty.

Section 276 : Conviction on plea of guilty in absence of accused in petty cases.

Section 277 : Procedure when not convicted.

Section 278 : Acquittal or conviction.

Section 279 : Non-appearance or death of complainant.

Section 280 : Withdrawal of complaint.

Section 281 : Power to stop proceedings in certain cases.

Section 282 : Power of Court to convert summons-cases into warrant-cases.

CHAPTER XXII
SUMMARY TRIALS

Section 283 : Power to try summarily.

Section 284 : Summary trial by Magistrate of second class.

Section 285 : Procedure for summary trials.

Section 286 : Record in summary trials.

Section 287 : Judgment in cases tried summarily.

Section 288 : Language of record and judgment.

CHAPTER XXIII
PLEA BARGAINING

Section 289 : Application of Chapter.

Section 290 : Application for plea bargaining.

Section 291 : Guidelines for mutually satisfactory disposition.

Section 292 : Report of mutually satisfactory disposition to be submitted before Court.

Section 293 : Disposal of case.

Section 294 : Judgment of Court.

Section 295 : Finality of judgment.

Section 296 : Power of Court in plea bargaining.

Section 297 : Period of detention undergone by accused to be set off against sentence of imprisonment.

Section 298 : Savings.

Section 299 : Statements of accused not to be used.

Section 300 : Non-application of Chapter.

CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Section 301 : Definitions.

Section 302 : Power to require attendance of prisoners.

Section 303 : Power of State Government or Central Government to exclude certain persons from operation of section 302.

Section 304 : Officer in charge of prison to abstain from carrying out order in certain contingencies.

Section 305 : Prisoner to be brought to Court in custody.

Section 306 : Power to issue commission for examination of witness in prison.

CHAPTER XXV
EVIDENCE IN INQUIRIES AND TRIALS

A
Mode of taking and recording evidence

Section 307 : Language of Courts.

Section 308 : Evidence to be taken in presence of accused.

Section 309 : Record in summons-cases and inquiries.

Section 310 : Record in warrant-cases.

Section 311 : Record in trial before Court of Session.

Section 312 : Language of record of evidence.

Section 313 : Procedure in regard to such evidence when completed.

Section 314 : Interpretation of evidence to accused or his advocate.

Section 315 : Remarks respecting demeanour of witness.

Section 316 : Record of examination of accused.

Section 317 : Interpreter to be bound to interpret truthfully.

Section 318 : Record in High Court.

B
Commissions for the examination of witnesses

Section 319 : When attendance of witness may be dispensed with and commission issued.

Section 320 : Commission to whom to be issued.

Section 321 : Execution of commissions.

Section 322 : Parties may examine witnesses.

Section 323 : Return of commission.

Section 324 : Adjournment of proceeding.

Section 325 : Execution of foreign commissions.

Section 326 : Deposition of medical witness.

Section 327 : Identification report of Magistrate.

Section 328 : Evidence of officers of Mint.

Section 329 : Reports of certain Government scientific experts.

Section 330 : No formal proof of certain documents.

Section 331 : Affidavit in proof of conduct of public servants.

Section 332 : Evidence of formal character on affidavit.

Section 333 : Authorities before whom affidavits may be sworn.

Section 334 : Previous conviction or acquittal how proved.

Section 335 : Record of evidence in absence of accused.

Section 336 : Evidence of public servants, experts, police officers in certain cases.

CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 337 : Person once convicted or acquitted not to be tried for same offence.

Section 338 : Appearance by Public Prosecutors.

Section 339 : Permission to conduct prosecution.

Section 340 : Right of person against whom proceedings are instituted to be defended.

Section 341 : Legal aid to accused at State expense in certain cases.

Section 342 : Procedure when corporation or registered society is an accused.

Section 343 : Tender of pardon to accomplice.

Section 344 : Power to direct tender of pardon.

Section 345 : Trial of person not complying with conditions of pardon.

Section 346 : Power to postpone or adjourn proceedings.

Section 347 : Local inspection.

Section 348 : Power to summon material witness, or examine person present.

Section 349 : Power of Magistrate to order person to give specimen signatures or handwriting, etc.

Section 350 : Expenses of complainants and witnesses.

Section 351 : Power to examine accused.

Section 352 : Oral arguments and memorandum of arguments.

Section 353 : Accused person to be competent witness.

Section 354 : No influence to be used to induce disclosure.

Section 355 : Provision for inquiries and trial being held in absence of accused in certain cases.

Section 356 : Inquiry, trial or judgment in absentia of proclaimed offender.

Section 357 : Procedure where accused does not understand proceedings.

Section 358 : Power to proceed against other persons appearing to be guilty of offence.

Section 359 : Compounding of offences.

Section 360 : Withdrawal from prosecution.

Section 361 : Procedure in cases which Magistrate can not dispose of.

Section 362 : Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.

Section 363 : Trial of persons previously convicted of offences against coinage, stamp-law or property.

Section 364 : Procedure when Magistrate can not pass sentence sufficiently severe.

Section 365 : Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.

Section 366 : Court to be open.

CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Section 367 : Procedure in case of accused being person of unsound mind.

Section 368 : Procedure in case of person of unsound mind tried before Court.

Section 369 : Release of person of unsound mind pending investigation or trial.

Section 370 : Resumption of inquiry or trial.

Section 371 : Procedure on accused appearing before Magistrate or Court.

Section 372 : When accused appears to have been of sound mind.

Section 373 : Judgment of acquittal on ground of unsoundness of mind.

Section 374 : Person acquitted on ground of unsoundness of mind to be detained in safe custody.

Section 375 : Power of State Government to empower officer in charge to discharge.

Section 376 : Procedure where prisoner of unsound mind is reported capable of making his defence.

Section 377 : Procedure where person of unsound mind detained is declared fit to be released.

Section 378 : Delivery of person of unsound mind to care of relative or friend.

CHAPTER XXVIII
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 379 : Procedure in cases mentioned in section 215.

Section 380 : Appeal.

Section 381 : Power to order costs.

Section 382 : Procedure of Magistrate taking cognizance.

Section 383 : Summary procedure for trial for giving false evidence.

Section 384 : Procedure in certain cases of contempt.

Section 385 : Procedure where Court considers that case should not be dealt with under section 384.

Section 386 : When Registrar or Sub-Registrar to be deemed a Civil Court.

Section 387 : Discharge of offender on submission of apology.

Section 388 : Imprisonment or committal of person refusing to answer or produce document.

Section 389 : Summary procedure for punishment for non-attendance by a witness in obedience to summons.

Section 390 : Appeals from convictions under sections 383, 384, 388 and 389.

Section 391 : Certain Judges and Magistrates not to try certain offences when committed before themselves.

CHAPTER XXIX
THE JUDGMENT

Section 392 : Judgment.

Section 393 : Language and contents of judgment.

Section 394 : Order for notifying address of previously convicted offender.

Section 395 : Order to pay compensation.

Section 396 : Victim compensation scheme.

Section 397 : Treatment of victims.

Section 398 : Witness protection scheme.

Section 399 : Compensation to persons groundlessly arrested.

Section 400 : Order to pay costs in non-cognizable cases.

Section 401 : Order to release on probation of good conduct or after admonition.

Section 402 : Special reasons to be recorded in certain cases.

Section 403 : Court not to alter judgment.

Section 404 : Copy of judgment to be given to accused and other persons.

Section 405 : Judgment when to be translated.

Section 406 : Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

Section 407 : Sentence of death to be submitted by Court of Session for confirmation.

Section 408 : Power to direct further inquiry to be made or additional evidence to be taken.

Section 409 : Power of High Court to confirm sentence or annul conviction.

Section 410 : Confirmation or new sentence to be signed by two Judges.

Section 411 : Procedure in case of difference of opinion.

Section 412 : Procedure in cases submitted to High Court for confirmation.

CHAPTER XXXI
APPEALS

Section 413 : No appeal to lie unless otherwise provided.

Section 414 : Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.

Section 415 : Appeals from convictions.

Section 416 : No appeal in certain cases when accused pleads guilty.

Section 417 : No appeal in petty cases.

Section 418 : Appeal by State Government against sentence.

Section 419 : Appeal in case of acquittal.

Section 420 : Appeal against conviction by High Court in certain cases.

Section 421 : Special right of appeal in certain cases.

Section 422 : Appeal to Court of Session how heard.

Section 423 : Petition of appeal.

Section 424 : Procedure when appellant in jail.

Section 425 : Summary dismissal of appeal.

Section 426 : Procedure for hearing appeals not dismissed summarily.

Section 427 : Powers of Appellate Court.

Section 428 : Judgments of subordinate Appellate Court.

Section 429 : Order of High Court on appeal to be certified to lower Court.

Section 430 : Suspension of sentence pending appeal ; release of appellant on bail.

Section 431 : Arrest of accused in appeal from acquittal.

Section 432 : Appellate Court may take further evidence or direct it to be taken.

Section 433 : Procedure where Judges of Court of appeal are equally divided.

Section 434 : Finality of judgments and orders on appeal.

Section 435 : Abatement of appeals.

CHAPTER XXXII
REFERENCE AND REVISION

Section 436 : Reference to High Court.

Section 437 : Disposal of case according to decision of High Court.

Section 438 : Calling for records to exercise powers of revision.

Section 439 : Power to order inquiry.

Section 440 : Sessions Judge's powers of revision.

Section 441 : Power of Additional Sessions Judge.

Section 442 : High Court's powers of revision.

Section 443 : Power of High Court to withdraw or transfer revision cases.

Section 444 : Option of Court to hear parties.

Section 445 : High Court's order to be certified to lower Court.

CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES

Section 446 : Power of Supreme Court to transfer cases and appeals.

Section 447 : Power of High Court to transfer cases and appeals.

Section 448 : Power of Sessions Judge to transfer cases and appeals.

Section 449 : Withdrawal of cases and appeals by Sessions Judges.

Section 450 : Withdrawal of cases by Judicial Magistrates.

Section 451 : Making over or withdrawal of cases by Executive Magistrates.

Section 452 : Reasons to be recorded.

CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A
Death sentences

Section 453 : Execution of order passed under section 409.

Section 454 : Execution of sentence of death passed by High Court.

Section 455 : Postponement of execution of sentence of death in case of appeal to Supreme Court.

Section 456 : Commutation of sentence of death on pregnant woman.

B
Imprisonment

Section 457 : Power to appoint place of imprisonment.

Section 458 : Execution of sentence of imprisonment.

Section 459 : Direction of warrant for execution.

Section 460 : Warrant with whom to be lodged.

C
Levy of fine

Section 461 : Warrant for levy of fine.

Section 462 : Effect of such warrant.

Section 463 : Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.

Section 464 : Suspension of execution of sentence of imprisonment.

D
General provisions regarding execution

Section 465 : Who may issue warrant.

Section 466 : Sentence on escaped convict when to take effect.

Section 467 : Sentence on offender already sentenced for another offence.

Section 468 : Period of detention undergone by accused to be set off against sentence of imprisonment.

Section 469 : Saving.

Section 470 : Return of warrant on execution of sentence.

Section 471 : Money ordered to be paid recoverable as a fine.

E
Suspension, remission and commutation of sentences.

Section 472 : Mercy petition in death sentence cases.

Section 473 : Power to suspend or remit sentences.

Section 474 : Power to commute sentence.

Section 475 : Restriction on powers of remission or commutation in certain cases.

Section 476 : Concurrent power of Central Government in case of death sentences.

Section 477 : State Government to act after concurrence with Central Government in certain cases.

CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS

Section 478 : In what cases bail to be taken.

Section 479 : Maximum period for which undertrial prisoner can be detained.

Section 480 : When bail may be taken in case of non-bailable offence.

Section 481 : Bail to require accused to appear before next Appellate Court.

Section 482 : Direction for grant of bail to person apprehending arrest.

Section 483 : Special powers of High Court or Court of Session regarding bail.

Section 484 : Amount of bond and reduction thereof.

Section 485 : Bond of accused and sureties.

Section 486 : Declaration by sureties.

Section 487 : Discharge from custody.

Section 488 : Power to order sufficient bail when that first taken is insufficient.

Section 489 : Discharge of sureties.

Section 490 : Deposit instead of recognizance.

Section 491 : Procedure when bond has been forfeited.

Section 492 : Cancellation of bond and bail bond.

Section 493 : Procedure in case of insolvency of death of surety or when bond is forfeited.

Section 494 : Bond required from child.

Section 495 : Appeal from orders under section 491.

Section 496 : Power to direct levy of amount due on certain recognizances.

CHAPTER XXXVI
DISPOSAL OF PROPERTY

Section 497 : Order for custody and disposal of property pending trial in certain cases.

Section 498 : Order for disposal of property at conclusion of trial.

Section 499 : Payment to innocent purchaser of money found on accused.

Section 500 : Appeal against orders under section 498 or section 499.

Section 501 : Destruction of libellous and other matter.

Section 502 : Power to restore possession of immovable property.

Section 503 : Procedure by police upon seizure of property.

Section 504 : Procedure where no claimant appears within six months.

Section 505 : Power to sell perishable property.

CHAPTER XXXVII
IRREGULAR PROCEEDINGS

Section 506 : Irregularities which do not vitiate proceedings.

Section 507 : Irregularities which vitiate proceedings.

Section 508 : Proceedings in wrong place.

Section 509 : Non-compliance with provisions of section 183 or section 316.

Section 510 : Effect of omission to frame, or absence of, or error in, charge.

Section 511 : Finding or sentence when reversible by reason of error, omission or irregularity.

Section 512 : Defect or error not to make attachment unlawful.

CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 513 : Definitions.

Section 514 : Bar to taking cognizance after lapse of period of limitation.

Section 515 : Commencement of period of limitation.

Section 516 : Exclusion of time in certain cases.

Section 517 : Exclusion of date on which Court is closed.

Section 518 : Continuing offence.

Section 519 : Extension of period of limitation in certain cases.

CHAPTER XXXIX
MISCELLANEOUS

Section 520 : Trials before High Courts.

Section 521 : Delivery to commanding officers of persons liable to be tried by Court-martial.

Section 522 : Forms.

Section 523 : Power of High Court to make rules.

Section 524 : Power to alter functions allocated to Executive Magistrate in certain cases.

Section 525 : Cases in which Judge or Magistrate is personally interested.

Section 526 : Practising advocate not to sit as Magistrate in certain Courts.

Section 527 : Public servant concerned in sale not to purchase or bid for property.

Section 528 : Saving of inherent powers of High Court.

Section 529 : Duty of High Court to exercise continuous superintendence over Courts.

Section 530 : Trial and proceedings to be held in electronic mode.

THE FIRST SCHEDULE

CLASSIFICATION OF OFFENCES

CLASSIFICATION OF OFFENCES

I. - OFFENCES UNDER THE BHARATIYA NYAYA SANHITA

THE SECOND SCHEDULE

Form No. 1 : NOTICE FOR APPEARANCE BY THE POLICE

Form No. 2 : SUMMONS TO AN ACCUSED PERSON

Form No. 3 : WARRANT OF ARREST

Form No. 4 : BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT

Form No. 5 : PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED

Form No. 6 : PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

Form No. 7 : ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS

Form No. 8 : ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED

Form No. 9 : ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR

Form No. 10 : WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

Form No. 11 : WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE

Form No. 12 : WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

Form No. 13 : BOND TO KEEP THE PEACE

Form No. 14 : BOND FOR GOOD BEHAVIOUR

Form No. 15 : SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

Form No. 16 : WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE

Form No. 17 : WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR

Form No. 19 : WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE

Form No. 20 : WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE

Form No. 21 : ORDER FOR THE REMOVAL OF NUISANCES

Form No. 22 : MAGISTRATE'S NOTICE AND PEREMPTORY ORDER

Form No. 23 : INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY

Form No. 24 : MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE

Form No. 25 : MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.

Form No. 26 : MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE

Form No. 27 : WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC.

Form No. 28 : MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER

Form No. 29 : BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER

Form No. 30 : BOND TO PROSECUTE OR GIVE EVIDENCE

Form No. 31 : SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

Form No. 32 : NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR

Form No. 33 : CHARGES

Form No. 34 : SUMMONS TO WITNESS

Form No. 35 : WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT

Form No. 36 : WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION

Form No. 37 : ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE

Form No. 38 : ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE

Form No. 39 : WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED

Form No. 40 : MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT

Form No. 41 : WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH

Form No. 42 : WARRANT AFTER A COMMUTATION OF A SENTENCE

Form No. 43 : WARRANT OF EXECUTION OF A SENTENCE OF DEATH

Form No. 44 : WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE

Form No. 45 : WARRANT FOR RECOVERY OF FINE

Form No. 46 : BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE

Form No. 48 : WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

Form No. 49 : WARRANT OF ATTACHMENT TO ENFORCE A BOND

Form No. 50 : NOTICE TO SURETY ON BREACH OF A BOND

Form No. 51 : NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR

Form No. 52 : WARRANT OF ATTACHMENT AGAINST A SURETY

Form No. 53 : WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL

Form No. 54 : NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE

Form No. 55 : WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE

Form No. 56 : WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE

Form No. 57 : WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR

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