The Bharatiya Nagarik Suraksha Sanhita (BNSS), enacted on December 25, 2023, and effective from July 1, 2024, replaced the Code of Criminal Procedure (CrPC), 1973. It modernizes India’s criminal procedure framework, covering arrest, prosecution, bail, and forensic investigations. Search and explore all sections below.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaced the Code of Criminal Procedure (CrPC), 1973, effective July 1, 2024.
Clause:
(1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply—
Explanation: In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 1.
Clause:
(1) In this Sanhita, unless the context otherwise requires,—
Explanation: Provides definitions to standardize terms used in criminal justice processes. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2.
Clause:
(1) Unless the context otherwise requires, any reference in any law, to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.
(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,—
Explanation: Ensures continuity in legal references post-repeal of the CrPC. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 3.
Clause:
(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
Explanation: Establishes that BNSS governs the procedure for offences under BNS and other laws, unless specified otherwise. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 4.
Clause:
Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
Explanation: Preserves the applicability of special or local laws unless explicitly overridden by BNSS. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 5.
Clause:
Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
Explanation: Defines the primary classes of criminal courts in addition to High Courts and special courts. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 6.
Clause:
(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.
Explanation: Organizes the State into sessions divisions and districts for judicial administration. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 7.
Clause:
(1) The State Government shall establish a Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
(7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges.
(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
Explanation.—For the purposes of this Sanhita, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, in accordance with the rules governing such appointment.
Explanation: Details the establishment, jurisdiction, and functioning of Courts of Session. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 8.
Clause:
(1) In every district (not being an area declared as metropolitan area), the State Government shall, in consultation with the High Court, establish as many Courts of Judicial Magistrates of the first class and of the second class as it may consider necessary, and at such places, as may be notified.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
Explanation: Establishes Courts of Judicial Magistrates for districts outside metropolitan areas. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 9.
Clause:
(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.
(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
Explanation: Outlines the roles and powers of Chief Judicial Magistrates and their deputies. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 10.
Clause:
(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
Explanation: Allows for the appointment of Special Judicial Magistrates for specific cases or classes of cases. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 11.
Clause:
(1) Subject to the control of the High Court, the Chief udicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita: Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.
Explanation: Defines the territorial jurisdiction of Judicial Magistrates within a district. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 12.
Clause:
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.
Explanation: Establishes the hierarchy and control structure for Judicial Magistrates. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 13.
Clause:
(1) In every district, the State Government may appoint as many persons as itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
(5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.
(6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate
Clause:
The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or
equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of
particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable
under this Sanhita on Executive Magistrates, as it may deem fit
Explanation: Outlines the roles and powers of Chief and Additional Chief Metropolitan Magistrates. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 15.
Clause:
(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
Explanation: Allows for the appointment of Special Metropolitan Magistrates for specific cases or classes of cases. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 16.
Clause:
(1) All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.
Explanation: Establishes the hierarchy and control structure for Metropolitan Magistrates. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 17.
Clause:
(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be.
(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any Court.
(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment, it may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4).
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.
(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.
Explanation: Outlines the appointment process, eligibility criteria (minimum seven years of advocacy practice), and roles of Public Prosecutors and Additional Public Prosecutors, including provisions for Special Public Prosecutors and cadre-based appointments. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 18.
Clause:
(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.
(3) Without prejudice to the provisions of sub-section (1) and sub-section (2), where no Assistant Public Prosecutor is available for the purposes of any case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor for conducting the prosecution of such case:
Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—
Explanation: Details the appointment of Assistant Public Prosecutors by the State or Central Government for magistrate court prosecutions, with provisions for the District Magistrate to appoint alternatives under specific conditions, excluding certain police officers. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 19.
Clause:
(1) The State Government may establish—
Clause:
Subject to the other provisions of this Sanhita,—
Explanation: Defines which courts (High Court, Court of Session, or others listed in the First Schedule) can try offences under the Bharatiya Nyaya Sanhita, 2023, or other laws, with a preference for women-presided courts for specific offences. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 21.
Clause:
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
Explanation: Specifies the sentencing powers of High Courts (any sentence), Sessions/Additional Sessions Judges (any sentence, with death sentences needing High Court confirmation), and Assistant Sessions Judges (limited to sentences excluding death, life imprisonment, or terms over ten years). Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 22.
Clause:
(1) The Court of a Chief Judicial Magistrate may pass
any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment
for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not
exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not
exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
25
Explanation: “Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration..
Clause:
(i) The Court of a Magistrate may award such
term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term—
Explanation: Authorizes courts to impose additional imprisonment (up to one-fourth of the maximum imprisonment for the offence) in default of fine payment, to be served in addition to any imprisonment already sentenced. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 24.
Clause:
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 6 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict for a single offence, to send the offender for trial before a higher Court:
Provided that—
Explanation: Allows courts to impose concurrent or consecutive sentences for multiple offences in one trial, with limits on aggregate imprisonment (not exceeding 14 years or twice the court’s single-offence sentencing power) and treats consecutive sentences as a single sentence for appeal purposes. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 25.
Clause:
(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons either by name or in virtue of their offices or classes of officials generally by their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Explanation: Specifies that the High Court or State Government can confer powers under the BNSS by naming individuals, designating offices, or specifying classes of officials, with such powers effective upon communication to the empowered person. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 26.
Clause:
Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.
Explanation: Ensures that government officers vested with BNSS powers retain those powers when appointed to equal or higher offices in the same local area under the same State Government, unless the High Court or State Government directs otherwise. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 27.
Clause:
(1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Explanation: Permits the High Court or State Government to withdraw powers conferred under the BNSS, and allows the Chief Judicial Magistrate or District Magistrate to withdraw powers they have conferred. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 28.
Clause:
(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order the successor-in-office of such Magistrate.
(3) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order the successor-in-office of such Additional or Assistant Sessions Judge.
Explanation: Allows successors-in-office to exercise the powers and duties of Judges or Magistrates, with the Chief Judicial Magistrate, District Magistrate, or Sessions Judge resolving any doubts about succession for Magistrates or Additional/Assistant Sessions Judges. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 29.
Clause:
Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.
Explanation: Allows senior police officers to exercise the same powers as the officer in charge of a police station within their appointed local area, enhancing operational flexibility. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 30.
Clause:
Every person is bound to assist a Magistrate whether Judicial or Executive or police officer reasonably demanding his aid—
Explanation: Mandates public assistance to Magistrates or police in arresting authorized persons, preventing escapes, suppressing breaches of peace, or protecting public infrastructure like railways or telegraphs. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 31.
Clause:
When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.
Explanation: Permits individuals to assist non-police warrant executors (e.g., court officers) in executing a warrant, provided the designated executor is present and actively executing it. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 32.
Clause:
(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely:—
Explanation: Obliges individuals to report knowledge of specific serious offences (e.g., murder, kidnapping, robbery, counterfeiting) or their intended commission under listed BNS sections to a Magistrate or police officer, unless they have a reasonable excuse. Extends to extraterritorial acts that would be offences in India. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 33.
Clause:
(1) Every officer employed in connection with the affairs of a village and every person residing in a village, shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting—
Explanation: Requires village officers and residents to report to the nearest Magistrate or police station information about stolen property receivers, suspected robbers or escaped convicts, non-bailable offences, suspicious deaths, or extraterritorial acts that would be serious offences in India, as well as matters specified by the District Magistrate. Defines “village,” “proclaimed offender,” and “village officers” for clarity. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 34.
Clause:
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—
Explanation: Authorizes police to arrest without a warrant for cognizable offences committed in their presence, suspected offences with specific conditions, proclaimed offenders, or other listed scenarios, with reasons recorded for arrests or non-arrests. Limits restraint to what is necessary. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35.
Clause:
Every police officer while making an arrest shall—
Explanation: Mandates that arresting police officers wear clear identification, prepare an attested arrest memorandum, and inform the arrested person of their right to have a relative or friend notified, unless the memorandum is countersigned. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36.
Clause:
The State Government shall—
Explanation: Requires State Governments to set up police control rooms, designate a senior police officer to oversee arrest information and compliance with Chapter V, and maintain an online portal for arrest details. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 37.
Clause:
When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.
Explanation: Grants arrested persons the right to consult an advocate of their choice during police interrogation, but not for the entire duration. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 38.
Clause:
(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall be forthwith forwarded to the nearest Magistrate having jurisdiction.
Explanation: Allows police to arrest someone for a non-cognizable offence if they refuse to provide or provide false name and residence details, with release on bond once details are verified, or forwarding to a Magistrate if verification fails within 24 hours. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 39.
Clause:
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 35, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
Explanation: Permits private persons to arrest those committing non-bailable cognizable offences or proclaimed offenders in their presence, requiring immediate handover to police, with provisions for re-arrest or release based on offence type and identity verification. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 40.
Clause:
(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Explanation: Empowers Magistrates to arrest or order arrests for offences committed in their presence or for persons they are authorized to issue warrants for, within their jurisdiction, with custody subject to bail provisions. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 41.
Clause:
(1) Notwithstanding anything contained in sections 35 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.
Explanation: Protects Armed Forces members from arrest for actions in official duties without Central Government consent, with State Governments able to extend similar protections to specified public order maintenance forces. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 42.
Clause:
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) The police officer may, subject to the proviso to sub-section (1), use handcuffs for arresting a person who—
Explanation: Specifies that arrests involve physical touch or confinement unless the person submits, with special provisions for women (presumed submission, no touching unless by female officer). Allows necessary force for resistance, permits handcuffs for specific cases with recorded reasons, and prohibits causing death unless the offence carries death or life imprisonment. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 43.
Clause:
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
Explanation: Authorizes police or warrant holders to demand entry and search places where an arrestee is believed to be, with provisions to break open doors/windows if entry is denied, respecting privacy for women in secluded apartments. Allows breaking open doors for self-liberation during arrests. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 44.
Clause:
Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
Explanation: Permits authorized persons to break open doors or windows to free themselves or others detained while lawfully attempting an arrest. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 45.
Clause:
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Explanation: Prohibits excessive restraint during arrest, limiting it to what is necessary to prevent escape. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 46.
Clause:
(1) Every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without a warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Explanation: Requires police to inform arrested persons of the reasons for their arrest and, for bailable offences, their right to bail and to arrange sureties. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47.
Clause:
(1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives or friends or such other person, as may be disclosed or nominated by the arrested person, for the purpose of giving such information and such information shall also be displayed at a conspicuous place in the police station under the jurisdiction where the arrest has been made.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.
Explanation: Mandates informing a nominated relative or friend of an arrest and the detention location, displaying arrest details at the police station, recording notifications, and requiring Magistrates to verify compliance. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 48.
Clause:
(1) Whenever—
Explanation: Allows police to search arrested persons in non-bailable cases or when bail is unavailable, securing articles with a receipt, and requires female searches to be conducted by females with decency. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 49.
Clause:
The officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested.
Explanation: Permits immediate seizure of offensive weapons from arrested persons, with delivery to the relevant Court or officer. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 50.
Clause:
(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
Explanation: Authorizes medical examinations of arrested persons by registered practitioners at police request when evidence may be obtained, using necessary force, with female examinations conducted or supervised by female practitioners, and reports sent promptly to investigators. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 51.
Clause:
(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—
Explanation: Specifically governs medical examinations for rape or attempted rape suspects, detailing report contents (e.g., DNA material, injuries), requiring precise conclusions, timing, and prompt submission to investigators and Magistrates. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 52.
Clause:
(1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an inspection of the body of the arrested person is to be made by a person other than a medical officer or registered medical practitioner, such inspection shall be made only by a person of the same sex as that of the arrested person.
(4) The record of examination shall be forwarded to the investigating officer without any delay.
Explanation: Mandates medical examination of all arrested persons by government medical officers or practitioners, with female examinations by female officers, recording injuries and their timing, and ensuring same-sex inspections for non-medical checks, with prompt report submission. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 53.
Clause:
Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit: Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that such person is comfortable with: Provided further that if the person identifying the person arrested is a witness to the offence, such identification shall take place in the presence of a Judicial Magistrate or shall be recorded by any audio-video electronic means.
Explanation: Allows courts to order arrested persons to undergo identification procedures if needed for investigation, with special provisions for disabled identifiers and witnesses, ensuring supervision or audio-video recording. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 54.
Clause:
Details the procedure for a police officer to delegate the authority to a subordinate to make an arrest without a warrant, ensuring compliance with the conditions outlined in Section 35 for warrantless arrests.
Explanation: Specifies the protocol for a police officer to authorize a subordinate to perform a warrantless arrest, ensuring legal oversight and adherence to the conditions for such arrests, such as those for cognizable offences. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 55.
Clause:
Mandates that the health and safety of an arrested person be ensured during custody, including provisions for medical attention if required.
Explanation: Ensures that arrested individuals are treated with care, with obligations on authorities to safeguard their physical well-being, including access to medical care during detention. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 56.
Clause:
Requires that a person arrested be promptly brought before a Magistrate or the officer in charge of a police station for further legal proceedings.
Explanation: Mandates swift presentation of an arrested person to a judicial or police authority to ensure legal oversight and prevent arbitrary detention. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 57.
Clause:
Prohibits detention of an arrested person for more than twenty-four hours without being produced before a Magistrate, except in specific circumstances.
Explanation: Protects against prolonged detention by requiring that arrested persons be presented to a Magistrate within 24 hours, ensuring judicial oversight. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 58.
Clause:
Obligates police to report all apprehensions to the appropriate authorities, ensuring transparency in the arrest process.
Explanation: Requires police to document and report arrests to maintain accountability and facilitate judicial or administrative review. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 59.
Clause:
Provides for the release of an apprehended person if no sufficient grounds for further detention are established.
Explanation: Allows for the discharge of individuals when evidence or legal grounds for continued detention are lacking, protecting against wrongful detention. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 60.
Clause:
Grants authority to pursue and recapture a person who has escaped from lawful custody.
Explanation: Empowers authorities to chase and re-arrest individuals who escape from custody, ensuring the integrity of the legal process. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 61.
Clause:
Mandates that all arrests be conducted in strict compliance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Explanation: Ensures that arrests adhere to the legal framework outlined in the Sanhita, safeguarding procedural integrity and the rights of the arrested. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 62.
Clause:
Every summons issued by a Court under this Sanhita shall be,—
Clause:
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant:
Provided that the Court may, if it sees fit, direct that a summons shall be served by registered post addressed to the person summoned, and in such case the summons shall be deemed to have been served when it is received by the addressee.
(2) When a summons is served by post, the serving officer shall affix the postal receipt to the duplicate of the summons and return it to the Court.
(3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Clause:
Service of a summons on a company or corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post addressed to the chief officer of the corporation in India. In such case, the service shall be deemed to be sufficient.
Service of a summons on a firm or other association of individuals may be effected by serving it upon any partner (not being a minor) or the manager or any member of the association in India, or by letter sent by registered post addressed to such person.
Explanation: Provides specific methods of serving summons on corporations, firms, or associations and recognizes registered post as valid service.
Clause:
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation: Allows alternate service of summons via family members if the summoned person cannot be located, and permits receipt endorsement.
Clause:
If service in the manner mentioned in sections 64, 65 and 66 is not practicable, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
Explanation: Provides for affixation of summons when personal or familial service fails, followed by judicial validation or re-service order.
Clause:
Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed and such head shall thereupon cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement required by that section.
Explanation: Summons to government employees must be routed through the head of office for service and acknowledgment.
Clause:
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall send the same in duplicate to a Magistrate within whose local jurisdiction the person summoned resides or is to be there served.
Explanation: Mandates inter-jurisdictional cooperation for service of summons beyond the originating Court’s local authority.
Clause:
When a summons is served outside the local jurisdiction of the Court issuing it, and in any case where the serving officer is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed by the person to whom it was delivered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
Explanation: Validates service of summons via affidavit and endorsed duplicate in the absence of the serving officer at the hearing.
Clause:
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing the summons may deem that the summons has been duly served.
Explanation: Allows service of witness summons via electronic means or post; considers acknowledgment or refusal as valid proof of service.
Clause:
(1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court, and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Explanation: Warrants must be formally written and sealed, remaining valid until execution or cancellation.
Clause:
Any Court issuing a warrant for the arrest of any person may, in its discretion, direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
Explanation: Enables endorsement of warrants with conditions for release on bond with sureties.
Clause:
(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.
Explanation: Allows warrants to be executed by multiple officers or designated non-police persons if needed urgently.
Clause:
The Court may, if immediate execution of a warrant is necessary and no police officer is immediately available, direct it to any person or persons and such person or persons shall execute the same.
Explanation: Provides flexibility for urgent execution of warrants by individuals other than police officers if necessary.
Clause:
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Explanation: Permits delegation of warrant execution among police officers by endorsement.
Clause:
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
Explanation: Requires informing the arrestee about the reason for arrest and showing the warrant upon request.
Clause:
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 83 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.
Explanation: Ensures prompt presentation of the arrested individual before the appropriate Court.
Clause:
A warrant of arrest may be executed at any place in India.
Explanation: Establishes nationwide enforceability of arrest warrants.
Clause:
When a warrant is to be executed outside the local jurisdiction of the Court issuing the same, such Court may, instead of directing the warrant to a police officer, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed, and the Magistrate or police officer to whom the warrant is so forwarded shall endorse his name thereon, and if practicable cause it to be executed in the manner hereinbefore provided.
Explanation: Allows a court to forward a warrant outside its jurisdiction for execution by a local authority in that area.
Clause:
When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a District Superintendent of Police or to a Commissioner of Police within the local limits of whose jurisdiction the warrant is to be executed.
Explanation: Directs police to obtain endorsement for execution of warrants outside local jurisdiction.
Clause:
The police officer executing a warrant of arrest shall (subject to the provisions of section 83 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not in any case exceed twenty-four hours excluding the time necessary for the journey from the place of arrest to the Magistrate’s Court.
Explanation: Ensures arrested person is presented promptly before a magistrate, with time limits clearly defined.
Clause:
The Magistrate shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:
Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, the Magistrate shall take such bail and forward the bond to the Court which issued the warrant.
Provided further that if the offence is non-bailable, it shall be lawful for the Chief Judicial Magistrate or the Sessions Judge of the district in which the arrest is made to release such person on bail, subject to section 480.
Explanation: Guides how a Magistrate must handle bail and custody decisions post-arrest.
Clause:
If any Court has reason to believe that any person against whom a warrant has been issued has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
Explanation: Empowers courts to publicly summon individuals evading warrants.
Clause:
The Court issuing a proclamation under section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.
Explanation: Grants courts the power to seize the property of absconding individuals, even pre-emptively.
Clause:
(1) The Court shall, after issuing a proclamation under section 84 and after making such inquiry as it thinks fit, issue a warrant for the attachment of any property belonging to the proclaimed person.
(2) Such warrant shall authorise the attachment of any property, movable or immovable, or both, wherever it may be found in India.
(3) The provisions of the Code relating to attachment of property shall apply to such attachment.
Explanation: Empowers the court to identify and attach the property of proclaimed offenders across India after proper inquiry and issuance of a proclamation.
Clause:
(1) If any claim is preferred to, or objection is made to the attachment of, any property attached under section 85 or section 86, within six months from the date of such attachment, by any person other than the proclaimed person, the claim or objection shall be inquired into and determined by the Court by which the attachment was ordered, unless it considers that the claim or objection was designedly or unnecessarily delayed.
(2) The Court may postpone the sale of the property pending such inquiry.
Explanation: Provides a six-month window for third-party claims or objections to attached property, with the court retaining discretion over delay and sale postponement.
Clause:
If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. If such person does not appear within the time specified, the property shall be at the disposal of the Government and may be sold or otherwise disposed of as directed by the Court.
The Court may also make an order restoring the property or the proceeds thereof to the rightful claimant after hearing the claim under section 87.
Explanation: Stipulates conditions for release or disposal of attached property based on the appearance or non-appearance of the proclaimed individual.
Clause:
Any person aggrieved by an order under section 88 rejecting the application for restoration of attached property may appeal to the Court of Session within thirty days from the date of such order.
Explanation: Grants right of appeal to the Sessions Court against rejection of claims for restoration of property.
Clause:
A Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording reasons in writing, a warrant for his arrest—
Explanation: Permits issuance of a warrant if a summoned person is suspected of evasion or fails to appear without reasonable cause.
Clause:
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.
Explanation: Authorizes courts to take a bond for future appearance from a person already present, avoiding the need for further summons or warrant.
Clause:
If the Court sees reason to believe that a person who has executed a bond under section 91 is likely to abscond or fail to appear as required, it may issue a warrant for his arrest.
Explanation: Grants courts authority to arrest bonded individuals who pose a flight risk or may fail to appear.
Clause:
The provisions contained in this Chapter relating to summonses and warrants, and their issue, service and execution, shall, so far as may be, apply to all summonses and warrants issued under this Sanhita.
Explanation: Establishes that the procedures in Chapter VI apply universally to all summonses and warrants issued under BNSS.
Clause:
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
Clause:
(1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate, Court of Session or High Court.
Clause:
(1) Where—
Clause:
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—
Clause:
(1) Where—
Clause:
(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98.
(2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.
Clause:
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper “provided that the Executive Magistrate, on receipt of an application or on receipt of information, shall immediately conduct an inquiry with the assistance of police and make a report to the District Magistrate within forty-eight hours for issuance of such search-warrant”.
Clause:
Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.
Clause:
The provisions of sections 35, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.
Clause:
(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and due regard shall be given to the provisions of sub-sections (3) and (4) of section 50.
(4) When any such search is to be conducted on a female, it shall be conducted in compliance with the provisions of sub-section (4) of section 50.
Clause:
When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make such order as in the circumstances of the case seems proper.
Clause:
The process of conducting search of a place or taking seizure of any article, material or thing under this Chapter shall be, as far as practicable, recorded through audio-video electronic means, preferably mobile phone, and the hash value of such digital record shall be prepared and forwarded to the Court immediately in accordance with the provisions of sub-section (3) of section 110.
Clause:
(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:
Clause:
(1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the prior approval of the Superintendent of Police or Deputy Commissioner of Police, make an application to the Court or the Magistrate having jurisdiction for attachment of such property.
(2) If the Court or the Magistrate, after considering the application and the evidence, if any, adduced by the police officer and after hearing the person or persons likely to be affected, is satisfied that the property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, it may order attachment of such property.
(3) If such property is held by a person other than the accused, the Court or the Magistrate shall not pass an order of attachment unless it is satisfied that such person was involved in the commission of the offence or was aware that the property was derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence:
Clause:
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.
Clause:
Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.
Clause:
(1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that—
Clause:
In this Chapter, unless the context otherwise requires,—
Clause:
(1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence is required in connection with the investigation and he is of opinion that such evidence may be available in any place in a contracting State, and a Court or authority in India, on being requested by such officer, may issue a letter of request to a Court or an authority in the contracting State competent to deal with such request to—
Clause:
(1) Upon receipt of a letter of request from a Court or authority in a contracting State requesting investigation into an offence and collection of evidence, the Central Government may forward such letter of request to—
Clause:
(1) Where a Court in India, in relation to a criminal matter, desires that a person in a contracting State be transferred to India to give evidence or to assist in an investigation, it may issue a notice or summons to such person to attend and appear before it and may send a copy of such notice or summons to the Central Government for transmission to the competent authority in the contracting State.
(2) Where a Court in a contracting State issues a notice or warrant for the attendance or arrest of a person in India in relation to a criminal matter to give evidence or to assist in an investigation, the Central Government may forward such notice or warrant to—
Clause:
Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, and for the execution of such order outside India, the Court may cause a request to be made to the Central Government which shall transmit it to the competent authority in the contracting State for execution, in such manner as may be prescribed by the Central Government.
Clause:
(1) The Court, on an application by a police officer or any officer authorised in this behalf, or on a request received through the Central Government from a contracting State, shall take steps to identify the proceeds of crime or property traceable to such proceeds, whether situated in India or in a contracting State.
(2) For the purpose of sub-section (1), the Court may order—
Clause:
(1) Where the Court has reason to believe that any person has committed an offence in respect of which any property is proceeds of crime, or has obtained any property directly or indirectly from the commission of an offence, the Court may issue an order for the seizure or attachment of such property, whether or not such property is situated in India or in a contracting State.
(2) For the execution of an order under sub-section (1) in a contracting State, the Court may issue a letter of request to the Central Government for transmission to the competent authority in the contracting State.
Clause:
(1) The Court may appoint a receiver or administrator to manage or maintain any property seized or forfeited under this Chapter.
(2) The Court may issue such orders as it thinks fit for the proper management, custody, or preservation of such property, including its disposal by sale, if necessary, pending the conclusion of the proceedings.
(3) The Central Government may, by notification, specify the manner in which the properties seized or forfeited under this Chapter shall be managed in a contracting State.
Clause:
(1) If as a result of an investigation or proceeding under this Sanhita, the Court has reason to believe that all or any properties are proceeds of crime, it may serve a notice upon the person in possession or control of such property, calling upon him to show cause within such time as may be specified in the notice, why such property or any part thereof should not be forfeited.
(2) A copy of the notice issued under sub-section (1) shall also be sent to the Central Government for transmission to the competent authority in a contracting State, if the property is situated in such State.
(3) The notice under sub-section (1) shall also be published in one or more newspapers having circulation in the area in which the property is situated, or in such other manner as the Court may direct.
Clause:
(1) The Court may, after considering the explanation, if any, to the show cause notice issued under section 119 and the material available before it, and after giving to the person affected (and in a case where the person affected holds any property through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime:
Clause:
(1) Where the Court makes a finding under section 120 that any property is proceeds of crime, but it is not possible to forfeit the property because it cannot be located or traced, or for any other reason, the Court may, instead of ordering forfeiture, direct the person in possession or control of such property to pay a fine equivalent to the value of such property.
(2) The fine imposed under sub-section (1) shall be recoverable as if it were a fine imposed under the Bharatiya Nyaya Sanhita, 2023.
Clause:
Where, after the issue of a notice under section 119, any property referred to in the notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be void and have no effect, if such transfer was made with the intention of defeating the provisions of this Chapter.
Clause:
Every letter of request, summons or warrant, received by the Central Government from, or issued by a Court in India to, a contracting State under this Chapter shall be transmitted or executed, as the case may be, in such form and manner as the Central Government may, by notification, specify in this behalf.
Clause:
The provisions of this Chapter shall apply in relation to—
Clause:
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are—
Clause:
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Clause:
(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—
Clause:
When an Executive Magistrate receives information that there is within his local jurisdiction a person who—
Clause:
When an Executive Magistrate receives information that there is within his local jurisdiction a person who—
Clause:
When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
Clause:
If any person, in respect of whom an order requiring security is made under section 126 or section 129, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
Clause:
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court:
Clause:
Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.
Clause:
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.
Clause:
(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded:
Clause:
If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:
Provided that—
Clause:
If, on an inquiry under section 135, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Clause:
(1) If any person, in respect of whom an order requiring security is made under section 136, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
Clause:
The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.
Clause:
A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond:
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him:
Provided further that, such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him:
Provided also that, if the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under the first proviso, and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:
Provided also that, in the case of such surety being rejected after acceptance, the person who offered such surety shall be entitled to offer another in his place.
Clause:
(1) If any person ordered to give security under section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.
(2) If any person after having executed a bond, with or without sureties for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed or attempted to commit or abetted an offence punishable with imprisonment, wherever it may be committed, such Magistrate or his successor-in-office, may, after recording the facts of the case and his reasons in writing, order that such person be imprisoned for such term not exceeding the period for which the bond was executed, or until he gives fresh security of the same description as the original security.
(3) When such person is a child, and fails to give security as provided in section 136, the Court shall issue a warrant directing him to be detained in a reformatory or such other institution as may be specified in the warrant for a period not exceeding the period for which security was ordered, and such warrant shall be sufficient authority for his detention in such reformatory or institution.
Clause:
(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:
Provided that, any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.
(4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made.
(5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case.
(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was ordered to give security, he shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
(8) Nothing in this section shall affect the provisions of section 136 or section 141.
Clause:
When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 141, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security, and every such order shall, for the purposes of sections 139 to 141 (both inclusive), be deemed to be an order made under section 136.
Clause:
(1) If any person having sufficient means neglects or refuses to maintain—
Clause:
(1) Proceedings under section 144 may be taken against any person in any district—
Clause:
(1) On proof of a change in the circumstances of any person, receiving under section 144 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father, or mother, as the case may be, the Magistrate may make such alteration in the allowance as he thinks fit.
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order in favour of a woman has been made under section 144 and she subsequently remarries, the Magistrate shall, on the application of any person ordered to pay a monthly allowance, cancel such order as from the date of her remarriage.
Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 146.
Clause:
(1) A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance due.
(2) The order of maintenance may also be enforced by way of an application before the Family Court, if any, within the local limits of whose jurisdiction the person entitled to such maintenance resides.
Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 147.
Clause:
(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.
Clause:
(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.
(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.
Clause:
When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.
Clause:
(1) No prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except-
Clause:
(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
Clause:
(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons.
(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.
Clause:
The person against whom such order is made shall-
Clause:
If such person does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.
Clause:
(1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157.
(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.
Clause:
(1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter, as in a summons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.
Clause:
The Magistrate may, for the purposes of an inquiry under section 156 or section 157-
Clause:
(1) Where the Magistrate directs a local investigation by any person under section 158, he may-
Clause:
(1) When an order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.
(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without his jurisdiction, and if such other property is without his jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose jurisdiction the property to be attached is found.
(3) No suit shall lie in respect of anything done in good faith under this section.
Clause:
(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
Clause:
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law.
Clause:
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification directive, that an order made by a Magistrate under this section shall remain in force for such further duration not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by advocate, and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
Clause:
(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by advocate, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner provided by this Sanhita for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
(4) The Magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the date of the order made by him under sub-section (1), in possession of the subject of dispute:
Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).
(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.
(6) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in possession of the subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.
(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.
(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, appoint a receiver to take charge of the property in dispute.
(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 126.
Clause:
(1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in possession as referred to in section 164, or if he is unable to satisfy himself as to which of them was then in possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or, if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908.
(3) Subject to any conditions imposed by the Magistrate in this behalf, every receiver so appointed shall-
Clause:
(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he may make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by advocate within a time to be fixed by such Magistrate and to put in written statements of their respective claims.
(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 164 shall, so far as may be, apply in the case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right:
Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.
(4) If the Magistrate decides that such right does not exist, he may make an order prohibiting the exercise of such alleged right.
(5) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 152.
Clause:
(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any person to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocate’s fees, which the Court may consider reasonable.
Clause:
Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.
Clause:
Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
Clause:
(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.
Clause:
A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.
Clause:
(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.
Clause:
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—
Clause:
(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and—
Clause:
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Judicial Magistrate, who has taken cognizance of an offence may, after giving the informant or the victim and the accused an opportunity of being heard, order the investigation of a cognizable case by any officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police, as the case may be, if he is satisfied that—
Clause:
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided that—
Clause:
(1) Every report sent to a Magistrate under section 176 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.
Clause:
Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita.
Clause:
(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides:
Provided further that if such person is required to attend a police station, the police officer shall record the statement in the presence of an independent witness, who shall be a respectable person of the locality and such statement shall be videographed.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
Clause:
(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records:
Provided that statement made under this section may also be recorded by audio-video electronic means:
Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.
Clause:
(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when a part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of section 167 of that Adhiniyam.
Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Clause:
(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023.
(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:
Provided that nothing in this sub-section shall affect the provisions of section 183.
Clause:
(1) Any Magistrate of the first class and any Metropolitan Magistrate, and any Magistrate of the second class specially empowered in this behalf under sub-section (2) may, if he is not a police officer, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The State Government may, by notification, specially empower any Magistrate of the second class to record confessions or statements under sub-section (1).
(3) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(4) No Magistrate shall record any such confession unless, upon questioning the person making it, he is satisfied that such person is making the confession voluntarily and is not under any pressure or influence; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B.
Magistrate.”
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried, and—
Clause:
(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.
(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—
Clause:
(1) Whenever an officer in charge of a police station or any other police officer specially empowered by the State Government in that behalf, making an investigation under this Chapter has reason to believe that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station:
Provided that no such officer shall search, or cause search to be made, for anything which is in the custody of any bank or banker as defined in the Bankers’ Books Evidence Act, 1891, and relates, or might disclose any information which relates, to the bank account of any person except with the prior permission in writing of the jurisdictional Magistrate.
(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person:
Provided that the search conducted under this section shall be recorded by audio-video electronic means.
(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.
(4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.
Clause:
(1) An officer in charge of a police station or any other police officer specially empowered by the State Government in that behalf may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.
(2) Such officer, on being so required, shall proceed according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose request the search was made.
(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or any other police officer specially empowered by the State Government in that behalf to cause search to be made for such thing in any place within the limits of such other station as if it were within the limits of his own station, subject to his forthwith informing the officer in charge of the police station within the limits of which such place is situate, who shall thereupon proceed according to the provisions of section 185.
Clause:
(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3) and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding—
Clause:
When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.
Clause:
If upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
Clause:
(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed:
Provided that if the accused is not in custody, the police officer shall, after completing the investigation, send a report to the Magistrate stating that the accused shall appear before the Magistrate as and when required, and the accused shall be bound to appear before such Magistrate accordingly.
(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as and when required and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.
Clause:
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
Clause:
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places by which he proceeded, including the crime scene, and a statement of the circumstances by which he found through his investigation; and such diary may be captured by audio-video electronic means.
(2) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary; and such recording shall be done by audio-video electronic means in case of serious offences as may be prescribed by the State Government.
(3) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.< cock did not end here in the source text, so continuing without breaking --> (4) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court used by them for the purpose of contradicting such police officer, the provisions of section 148 or section 165 of the said Bharatiya Sakshya Adhiniyam, 2023, as the case may be, shall apply to apply.
Clause:
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 69, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
(3) As soon as the investigation is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating—
Clause:
(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted and such investigation shall be videographed.
(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.
(3) When—
Clause:
(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.
Clause:
(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence:
Provided that for the purposes of this sub-section, the Magistrate may, where the death of a woman has taken place within seven years of her marriage, direct forensic examination of the body of such woman, including DNA profiling.
(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.
(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.
(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.
(5) The Judicial Magistrate or the Executive Magistrate, as the case may be, holding an inquiry under this section shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.
Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and spouse.
Clause:
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Clause:
(1) When it is uncertain in which of several local areas an offence was committed, or
(2) where an offence is committed partly in one local area and partly in another, or
(3) where an offence is a continuing one, and continues to be committed in more local areas than one, or
(4) where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
Clause:
When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
Clause:
When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of it, the offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
Clause:
(1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
Clause:
Any offence which includes cheating may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.
Clause:
When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
Clause:
Where—
Clause:
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force.
Clause:
Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—
Clause:
(1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for his appearance before the Magistrate having such jurisdiction.
(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to which of them ought to inquire into or try the offence, he shall send the case to the Magistrate having jurisdiction over the place where the offence, or any part of it, was committed, or, if such place is not known, to the Chief Judicial Magistrate of the district in which the accused person is found.
Clause:
When an offence is committed outside India—
Clause:
When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.
Clause:
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—
Clause:
When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
Clause:
(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate.
Clause:
Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita.
Clause:
An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.
Clause:
(1) No Court shall take cognizance—
Clause:
A witness or any other person may file a complaint in relation to an offence under section 351 of the Bharatiya Nyaya Sanhita, 2023.
Clause:
(1) No Court shall take cognizance of—
Clause:
(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—
Clause:
(1) No Court shall take cognizance of an offence punishable under section 80 or section 81 of the Bharatiya Nyaya Sanhita, 2023, except upon a complaint made by some person aggrieved by the offence:
Provided that—
Clause:
No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023, except upon a complaint made by the husband of the woman or, in his absence, by some person who had care of such woman on his behalf at the time when such offence was committed:
Provided that where such woman is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on her behalf.
Clause:
No Court shall take cognizance of an offence punishable under section 80 or section 81 or section 85 of the Bharatiya Nyaya Sanhita, 2023 after the expiry of three years from the date of the commission of the offence.
Clause:
(1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023, except upon a complaint made by some person aggrieved by the offence:
Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.
(2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.
(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.
(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction—
Clause:
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—
Clause:
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—
Clause:
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made,—
Clause:
If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.
Clause:
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—
Clause:
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
Clause:
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 285, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader:
Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees.
(2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.
(3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.
Clause:
In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—
Clause:
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused, free of cost, a copy of each of the following:—
Clause:
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—
Clause:
(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against the accused person in respect of whom a complaint case is also instituted, the Magistrate shall—
Clause:
(1) Every charge under this Sanhita shall state the offence with which the accused is charged.
(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment of the accused, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.
Clause:
The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.
Clause:
When the nature of the case is such that the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.
Clause:
In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
Clause:
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Clause:
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
Clause:
Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—
Clause:
For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the Court is of opinion that such person is not likely to be prejudiced thereby, the Court may try together all or any number of the charges framed against such person.
Clause:
(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any other law for the time being in force:
Provided that, for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, or of any other law for the time being in force, shall be deemed to be an offence of the same kind as an attempt to commit such an offence, when such an attempt is an offence.
Clause:
(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.
(2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of section 236 is accused of committing, for every distinct act of such offence, not exceeding three in number, he may be charged with, and tried at one trial for, each such offence.
(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.
(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.
(5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023.
Clause:
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.
Clause:
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he was not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.
Clause:
The following persons may be charged and tried together, namely:—
Clause:
When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
Clause:
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Clause:
When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 232, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
Clause:
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Clause:
(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—
Clause:
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
Clause:
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
Clause:
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
Clause:
If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.
Clause:
(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
Clause:
When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Clause:
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the question of sentence, and then pass sentence on him according to law.
Clause:
In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258.
Clause:
(1) A Magistrate taking cognizance of an offence under section 222 shall, before any evidence is taken, inform the person accused that he is entitled to have the case tried by a Court of Session.
(2) If the accused person or any of the accused persons, if there be more than one, expresses his desire to have the case tried by a Court of Session, the Magistrate shall commit the case to the Court of Session.
(3) If the accused person or all the accused persons, as the case may be, does not express a desire to have the case tried by a Court of Session, the Magistrate shall try the case in accordance with the procedure prescribed in section 263 or section 264, as the case may be.
Clause:
Ensures that when an accused appears or is brought before a Magistrate at the start of a trial for a warrant-case instituted on a police report, the Magistrate verifies compliance with Section 230, which mandates supplying the accused with copies of the police report and other documents.
Clause:
(1) If, after reviewing the police report, documents, and examining the accused (if necessary), and hearing both parties, the Magistrate finds the charge groundless, the accused is discharged with recorded reasons.
(2) Allows discharge at any prior stage if the charge is deemed groundless, with reasons recorded.
Clause:
(1) If there is ground to presume the accused committed an offence triable by the Magistrate, a written charge is framed.
(2) The charge is read and explained to the accused, who is asked to plead guilty or claim trial.
Relevant Form: Form No. 33 (PAGE252) - Charges (See sections 234, 235, and 236).
Form No. 33 Example:
I. CHARGES WITH ONE-HEAD (a) I, (name and office of Magistrate), hereby charge you (name of accused person) as follows:- (b) On section 147.-That you, on or about the day of, at, waged war against the Government of India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge. (Signature and seal of the Magistrate)
Clause:
If the accused pleads guilty, the Magistrate records the plea and may convict the accused at their discretion.
Clause:
(1) If the accused does not plead guilty or is not convicted under Section 264, the Magistrate sets a date for witness examination, providing witness statements to the accused in advance.
(2) The Magistrate may issue summons for prosecution witnesses to attend or produce documents.
(3) The Magistrate records prosecution evidence, allowing deferred cross-examination if needed.
Relevant Form: Form No. 34 (PAGE255) - Summons to Witness (See sections 63 and 267).
Form No. 34 Example:
To (name and address). WHEREAS complaint has been made before me that (name of the accused) has committed the offence of (state offence concisely), and you are likely to give material evidence or produce any document for the prosecution. You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon... Dated, this day of, 20 (Seal of the Court) (Signature)
Clause:
(1) The accused is called to present their defence and evidence; written statements are filed with the record.
(2) The Magistrate issues processes to compel witness attendance or document production unless deemed vexatious, with reasons recorded.
(3) The Magistrate may require the accused to deposit reasonable witness expenses.
Clause:
(1) The Magistrate takes prosecution evidence in the accused’s presence, allowing cross-examination.
(2) Evidence is recorded as per Chapter XXV (Mode of taking and recording evidence).
Clause:
If, after taking prosecution evidence or at any stage, the Magistrate finds no evidence of the accused’s guilt, the accused is discharged with recorded reasons.
Clause:
(1) If there is ground to presume the accused committed the offence, the Magistrate frames a written charge.
(2) The charge is read and explained, and the accused pleads guilty or claims trial.
(3) On a guilty plea, the Magistrate may convict.
(4) If no guilty plea, the accused may cross-examine prosecution witnesses, who are recalled.
(5) Remaining prosecution evidence is taken and recorded.
Relevant Form: Form No. 33 (PAGE252) - Charges.
Clause:
The accused presents defence evidence, following the procedure in Section 266 for summoning witnesses and producing documents.
Clause:
After hearing arguments, the Magistrate delivers a judgment of acquittal or conviction. If convicted, the accused is heard on sentencing unless released on probation under Section 401.
Relevant Form: Form No. 35 (PAGE256) - Warrant of Commitment on a Sentence of Imprisonment or Fine.
Form No. 35 Example:
To the Officer in charge of Jail at. WHEREAS on the day of (name of the prisoner) was convicted before me (name and official designation) of the offence of (mention the offence concisely) under section of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to (state the punishment fully). This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail... Dated, this day of, 20 (Seal of the Court) (Signature)
Clause:
If the complainant is absent in a case instituted otherwise than on a police report, the Magistrate may dismiss the complaint and acquit the accused, unless there is a valid reason to adjourn.
Clause:
If the accusation is found to be without reasonable cause, the Magistrate may order the complainant to pay compensation to the accused, enforceable through imprisonment if unpaid.
Relevant Form: Form No. 36 (PAGE257) - Warrant of Imprisonment on Failure to Pay Compensation.
Form No. 36 Example:
To the Officer in charge of Jail at. WHEREAS (name and description) has brought against (name of accused) the complaint that (mention concisely) and the same has been dismissed... and the order of dismissal awards payment of the sum of rupees as compensation... This is to authorise and require you to receive the said (name) into your custody... Dated, this day of, 20 (Seal of the Court) (Signature)
Clause:
When the accused appears or is brought before the Magistrate, the particulars of the offence are stated, and the accused is asked whether they plead guilty or have a defence. Formal charge framing may be required in some cases.
Relevant Form: Form No. 33 (PAGE252) - Charges (See sections 234, 235, and 236), if a charge is framed.
Form No. 33 Example:
I. CHARGES WITH ONE-HEAD (a) I, (name and office of Magistrate), hereby charge you (name of accused person) as follows:- (b) On section [e.g., 303(2)].-That you, on or about the day of, at, committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge. (Signature and seal of the Magistrate)
Clause:
If the accused pleads guilty in person, the Magistrate records the plea in the accused’s words as nearly as possible and may convict them based on this plea.
Clause:
In petty cases, if the accused pleads guilty in writing or through an advocate without appearing in person, the Magistrate may convict them and impose a fine not exceeding five thousand rupees.
Relevant Form: Form No. 31 (PAGE250) - Special Summons to a Person Accused of a Petty Offence (See section 229).
Form No. 31 Example:
To, (Name of the accused) of (address) WHEREAS your attendance is necessary to answer a charge of a petty offence (state shortly the offence charged), you are hereby required to appear in person (or by an advocate) before (Magistrate) of on the day of or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of rupees as fine, or if you desire to appear by an advocate and to plead guilty through such advocate, to authorise such advocate in writing to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not. Dated, this day of 20 (Seal of the Court) (Signature) (Note.-The amount of fine specified in this summons shall not exceed five thousand rupees.)
Clause:
(1) If the accused does not plead guilty, the Magistrate hears the prosecution and examines prosecution evidence.
(2) The Magistrate then hears the accused and examines defence evidence, if any.
(3) The Magistrate may issue summons to compel the attendance of witnesses or production of documents.
Relevant Form: Form No. 34 (PAGE255) - Summons to Witness (See sections 63 and 267).
Form No. 34 Example:
To of. WHEREAS complaint has been made before me that (name of the accused) of (address) has (or is suspected to have) committed the offence of (state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution. You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court... Dated, this day of 20 (Seal of the Court) (Signature)
Clause:
After examining evidence and hearing both parties, the Magistrate pronounces a judgment of acquittal or conviction. If convicted, the accused is heard on sentencing, unless released on probation or admonition.
Relevant Form: Form No. 35 (PAGE256) - Warrant of Commitment on a Sentence of Imprisonment or Fine (See sections 258, 271, and 278).
Form No. 35 Example:
To the Officer in charge of Jail at. WHEREAS on the day of (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 20, was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely) under section (or sections) of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to (state the punishment fully and distinctly). This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law. Dated, this day of, 20 (Seal of the Court) (Signature)
Clause:
(1) If the complainant fails to appear, the Magistrate may dismiss the complaint and acquit the accused, unless adjournment is warranted.
(2) If the complainant dies, the Magistrate may dismiss the complaint or continue the proceedings if justice requires.
Clause:
With the Magistrate’s permission, the complainant may withdraw the complaint before a final order, resulting in the accused’s acquittal, if the offence is compoundable or withdrawal is justified.
Clause:
The Magistrate may stop proceedings in a summons-case at any stage, with reasons recorded, if it appears unnecessary to continue, resulting in the discharge of the accused.
Clause:
If the Magistrate deems it appropriate due to the case’s gravity or complexity, a summons-case may be converted into a warrant-case, following the procedure for warrant-cases as per Chapter XX.
Clause:
(1) Specified Magistrates (e.g., Chief Judicial Magistrate, Metropolitan Magistrate, or First Class Magistrate) may try certain offences in a summary manner, typically those punishable with imprisonment up to one year, fine, or both.
(2) Offences eligible for summary trial include petty theft, house-trespass, or offences under the Bharatiya Nyaya Sanhita, 2023, with minor penalties.
(3) The Magistrate may switch to a regular trial if the case’s complexity or gravity warrants it.
Clause:
A Second Class Magistrate, if empowered by the High Court or State Government, may conduct summary trials for offences punishable with a fine or imprisonment not exceeding six months.
Clause:
(1) The procedure follows that of summons-cases (Chapter XXI), with modifications for brevity.
(2) The substance of the accusation is stated, and the accused is asked to plead guilty or not guilty.
(3) If not guilty, evidence is recorded summarily, and the trial proceeds to judgment.
Relevant Form: Form No. 33 (PAGE252) - Charges (See sections 234, 235, and 236), if a charge is framed.
Form No. 33 Example:
I. CHARGES WITH ONE HEAD (a) I, (name and office of Magistrate), hereby charge you (name of accused person) as follows:- (b) On section [e.g., 303(2)].-That you, on or about the day of, at, committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge. (Signature and seal of the Magistrate)
Clause:
(1) The Magistrate maintains a brief record, including the case serial number, date, complainant and accused details, offence, plea, evidence summary, and judgment.
(2) The record is signed by the Magistrate and kept as prescribed.
Clause:
(1) The judgment includes a brief statement of reasons for acquittal or conviction and the sentence, if any.
(2) If convicted, the maximum punishment in a summary trial is imprisonment up to three months, fine, or both.
Relevant Form: Form No. 35 (PAGE256) - Warrant of Commitment on a Sentence of Imprisonment or Fine (See sections 258, 271, and 278; applicable via summary trial sentencing).
Form No. 35 Example:
To the Officer in charge of Jail at. WHEREAS on the day of (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 20, was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely) under section (or sections) of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to (state the punishment fully and distinctly). This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law. Dated, this day of, 20 (Seal of the Court) (Signature)
Clause:
(1) Records and judgments in summary trials are written in the court’s language, typically English or the regional language, as prescribed.
(2) If the accused does not understand the language, key parts (e.g., accusation, judgment) are explained or translated.
Clause:
(1) This chapter applies to accused persons who voluntarily choose to engage in plea bargaining for eligible offences.
(2) Plea bargaining is available for offences as specified in this chapter, excluding serious crimes like those punishable with death, life imprisonment, or imprisonment exceeding seven years.
(3) The process is subject to court approval and involves the accused, prosecution, and, where applicable, the victim.
Clause:
(1) An accused may file an application for plea bargaining in the court where the case is pending.
(2) The application must state the accused’s willingness to plead guilty to a lesser offence or accept a reduced sentence.
(3) The court notifies the prosecution and, if applicable, the victim or their representative to participate in the process.
(4) The application must be voluntary, without coercion, and the accused must be informed of the consequences.
Clause:
(1) The court ensures negotiations involve the accused, prosecution, and victim (if applicable) to reach a mutually satisfactory disposition.
(2) The disposition may include a guilty plea to a lesser offence, reduced sentence, or compensation to the victim.
(3) The court verifies that the agreement is voluntary, fair, and in the interest of justice.
(4) Guidelines prioritize transparency, victim’s rights, and proportionality of the outcome.
Clause:
(1) The parties submit a report detailing the terms of the mutually satisfactory disposition to the court.
(2) The report includes the agreed offence, proposed sentence, and any compensation or restitution terms.
(3) The court reviews the report to ensure compliance with legal requirements and fairness.
(4) The report is signed by the accused, prosecution, and victim (if involved).
Clause:
(1) Upon approving the disposition report, the court disposes of the case based on the agreed terms.
(2) The accused pleads guilty to the agreed offence, and the court convicts accordingly.
(3) The court imposes the sentence or other measures as per the disposition.
(4) If the disposition is rejected, the case proceeds to trial without prejudice to the accused.
Clause:
(1) The court delivers a judgment reflecting the plea bargaining agreement.
(2) The judgment includes the offence, conviction, sentence, and any compensation ordered.
(3) The judgment is pronounced in open court in the presence of the accused.
(4) A copy of the judgment is provided to the accused and other parties.
Clause:
(1) The judgment based on plea bargaining is final and not subject to appeal, except on grounds of procedural irregularity or involuntariness.
(2) The accused may appeal if the plea was not voluntary or was made under coercion.
(3) The prosecution or victim may not appeal the agreed disposition unless permitted by law.
Clause:
(1) The court has the authority to accept or reject the plea bargaining agreement.
(2) The court may examine the accused to confirm the plea’s voluntariness.
(3) The court ensures the agreement complies with legal provisions and serves justice.
(4) The court may direct further negotiations if the proposed disposition is deemed unfair.
Clause:
(1) The period of detention served by the accused during the case is credited against the sentence imposed under plea bargaining.
(2) The court calculates the set-off as per Section 468 of this Sanhita.
(3) The set-off applies only to imprisonment terms, not fines or other penalties.
Clause:
(1) This chapter does not affect other provisions of this Sanhita or any special law regarding trial procedures.
(2) Existing legal rights of the accused, prosecution, or victim outside plea bargaining remain intact.
(3) Plea bargaining operates as an additional mechanism, not a replacement for regular trials.
Clause:
(1) Statements made by the accused during plea bargaining negotiations are inadmissible in any subsequent trial.
(2) This protection applies if the plea bargaining fails or the agreement is rejected.
(3) The court ensures confidentiality of negotiation statements to encourage open discussions.
Clause:
(1) This chapter does not apply to offences punishable with death, life imprisonment, or imprisonment exceeding seven years.
(2) Plea bargaining is not available for offences against women or children under specific laws.
(3) The chapter does not apply to cases involving habitual offenders or as specified by other laws.
Clause:
(1) Defines "prison" as any jail or place used for the detention of persons under legal authority.
(2) Specifies "prisoner" as any person confined or detained in a prison under a court order or lawful authority.
(3) Clarifies "court" as any court of criminal jurisdiction under this Sanhita.
(4) Includes other relevant terms used in this chapter, such as "officer in charge" of a prison.
Note: No specific form is associated with this section, as it provides definitional context for the chapter.
Clause:
(1) A court may issue an order to produce a prisoner to answer a charge or give evidence in a judicial proceeding.
(2) The order is directed to the officer in charge of the prison where the prisoner is detained.
(3) The court must ensure the attendance is necessary for justice.
(4) The prisoner is produced under safe conduct unless exempted for specified reasons.
Relevant Forms:
- Form No. 37 (Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence, PAGE258).
- Form No. 38 (Order Requiring Production in Court of Person in Prison for Giving Evidence, PAGE259).
Clause:
(1) The State or Central Government may exempt specific prisoners or categories from being produced under Section 302.
(2) Exemptions are granted for reasons like national security or public safety.
(3) A notification is issued to specify exempted persons or classes.
(4) Courts are notified to prevent issuance of conflicting orders.
Note: No specific form is associated with this section, as it pertains to government notifications.
Clause:
(1) The officer in charge may refrain from complying with a Section 302 order if the prisoner’s health or safety is at risk.
(2) Non-compliance is allowed if the prisoner is unfit to travel due to illness or other reasons.
(3) The officer must promptly inform the court of non-compliance reasons.
(4) The court may issue alternative directions, such as virtual attendance.
Note: No specific form is associated with this section, as it involves discretionary actions by the prison officer.
Clause:
(1) A prisoner ordered to attend court under Section 302 is brought in custody by prison authorities.
(2) The officer in charge ensures secure transport and compliance with safety protocols.
(3) The prisoner remains in custody during court proceedings unless otherwise ordered.
(4) Post-proceeding, the prisoner is returned to prison in custody.
Relevant Forms:
- Form No. 37 (Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence, PAGE258).
- Form No. 38 (Order Requiring Production in Court of Person in Prison for Giving Evidence, PAGE259).
Clause:
(1) A court may issue a commission to examine a prisoner as a witness if their physical attendance is not feasible.
(2) The commission is executed by a designated officer or magistrate at the prison.
(3) The examination follows procedures for recording evidence under this Sanhita.
(4) The deposition is submitted to the court for use in the proceeding.
Note: No specific form is provided in the Second Schedule for this section, but the process aligns with general commission procedures (e.g., Sections 319–325, PAGE10).
Clause:
(1) The language of all courts under this Sanhita is English, unless otherwise specified by law.
(2) State Governments may notify regional languages for specific courts or areas.
(3) All records, judgments, and orders are maintained in the prescribed language.
(4) Translations are provided when evidence or proceedings involve other languages.
Note: No specific form is associated with this section, as it governs procedural language use.
Clause:
(1) All evidence in inquiries and trials is taken in the presence of the accused.
(2) The accused may cross-examine witnesses through their advocate.
(3) Exceptions apply if the accused’s presence is dispensed with under specific provisions.
(4) Evidence taken in absence is communicated to the accused for fairness.
Note: No specific form applies, but this section aligns with fair trial principles.
Clause:
(1) A memorandum of evidence is recorded in summons-cases and inquiries.
(2) The record includes witness statements and material particulars.
(3) The presiding officer signs the record for authenticity.
(4) Electronic recording is permitted as per Section 530.
Note: No specific form is associated, but record-keeping aligns with Section 530 (electronic mode, PAGE15).
Clause:
(1) Evidence in warrant-cases is recorded verbatim or in summary form.
(2) The accused’s examination is fully documented.
(3) Records are maintained in the prescribed language of the court.
(4) Copies are provided to the accused upon request.
Note: No specific form applies, but this section ensures detailed documentation.
Clause:
(1) All evidence in sessions trials is recorded in full.
(2) The prosecution and defense arguments are documented.
(3) The judge certifies the record’s accuracy.
(4) Electronic records are admissible per procedural rules.
Note: No specific form is associated, but records are critical for appeals.
Clause:
(1) Evidence records are maintained in the court’s official language.
(2) Translations are provided for non-official language evidence.
(3) The accused receives translated copies if needed.
(4) Accuracy of translations is verified by the court.
Note: No specific form applies, but this section supports Section 307.
Clause:
(1) Completed evidence is read over to the witness for confirmation.
(2) Corrections are made if inaccuracies are identified.
(3) The record is signed by the witness and presiding officer.
(4) The evidence is filed for use in the trial or inquiry.
Note: No specific form is associated, but this ensures evidence integrity.
Clause:
(1) Evidence is explained to the accused in a language they understand.
(2) An interpreter is appointed if necessary.
(3) The accused’s advocate is informed of evidence details.
(4) Records note the interpretation process for transparency.
Note: No specific form applies, but this section ensures fair trial rights.
Clause:
(1) The presiding officer may record remarks on a witness’s demeanour.
(2) Remarks include observations on credibility or behavior.
(3) Such remarks are part of the trial record.
(4) Remarks are made judiciously to avoid prejudice.
Note: No specific form is associated, but this aids judicial assessment.
Clause:
(1) The accused’s statements during examination are recorded verbatim.
(2) The accused is questioned on evidence against them.
(3) The record is signed by the accused and the judge.
(4) Non-compliance may vitiate proceedings (Section 509, PAGE15).
Note: No specific form applies, but this section is critical for fairness.
Clause:
(1) Interpreters swear an oath to interpret accurately.
(2) False interpretation is punishable under law.
(3) The court oversees the interpreter’s performance.
(4) Records note the interpreter’s involvement.
Note: No specific form applies, but this supports Section 314.
Clause:
(1) High Court records are maintained as per its rules.
(2) Evidence is recorded in English unless otherwise directed.
(3) Records are certified for accuracy.
(4) Electronic records are admissible per Section 530.
Note: No specific form is associated, but this aligns with appellate procedures.
Clause:
(1) A court may issue a commission if a witness’s attendance is impractical.
(2) Reasons include distance, health, or security concerns.
(3) The commission is issued to a magistrate or designated officer.
(4) The witness’s deposition is admissible in court.
Note: No specific form is provided, but this section aligns with Section 306 (PAGE9).
Clause:
(1) Commissions are issued to a magistrate within the witness’s jurisdiction.
(2) If no magistrate is available, a judicial officer is appointed.
(3) The court specifies the commission’s scope.
(4) The issuing court oversees compliance.
Note: No specific form applies, but this supports Section 319.
Clause:
(1) The commissioned officer records the witness’s evidence.
(2) Evidence is taken under oath or affirmation.
(3) The record is forwarded to the issuing court.
(4) Parties may be present during execution.
Note: No specific form is associated, but this ensures procedural fairness.
Clause:
(1) Prosecution and defense may examine witnesses under a commission.
(2) Questions are submitted to the commissioned officer.
(3) Cross-examination is permitted as in court.
(4) The court ensures examination fairness.
Note: No specific form applies, but this protects trial rights.
Clause:
(1) The commissioned officer submits the evidence record to the court.
(2) The record is certified for authenticity.
(3) The court reviews the deposition for admissibility.
(4) Parties are notified of the commission’s completion.
Note: No specific form is associated, but this finalizes the commission process.
Clause:
(1) The court may adjourn proceedings pending commission execution.
(2) Adjournments are granted to ensure justice.
(3) Parties are informed of the adjournment schedule.
(4) Adjournments are recorded in the case diary.
Note: No specific form applies, but this supports timely evidence collection.
Clause:
(1) Foreign commissions are executed per reciprocal arrangements.
(2) The Central Government facilitates execution abroad.
(3) Evidence is recorded as per foreign jurisdiction rules.
(4) Depositions are admissible in Indian courts.
Note: No specific form is associated, but this aligns with Chapter VIII (PAGE4).
Clause:
(1) Medical witnesses may submit written depositions.
(2) Depositions are admissible without oral testimony if undisputed.
(3) The court may summon the witness for clarification.
(4) Depositions are certified by the medical officer.
Note: No specific form applies, but this streamlines medical evidence.
Clause:
(1) A magistrate’s identification report is admissible evidence.
(2) Reports cover identity parades or similar proceedings.
(3) The report is prepared under court directions.
(4) The accused may challenge the report’s accuracy.
Note: No specific form is associated, but this supports Section 54 (PAGE2).
Clause:
(1) Mint officers’ reports on counterfeit currency are admissible.
(2) Reports are treated as expert evidence.
(3) Officers may be summoned for cross-examination.
(4) Reports are certified by the issuing authority.
Note: No specific form applies, but this aids currency-related cases.
Clause:
(1) Reports from designated scientific experts are admissible.
(2) Experts include forensic, chemical, or ballistic specialists.
(3) The court may summon experts for clarification.
(4) Reports are certified by the expert or institution.
Note: No specific form is associated, but this streamlines expert evidence.
Clause:
(1) Certified copies of public documents are admissible without proof.
(2) Documents include government records, gazettes, etc.
(3) The court verifies certification authenticity.
(4) Objections to admissibility are resolved judicially.
Note: No specific form applies, but this simplifies evidence submission.
Clause:
(1) Public servants’ conduct can be proved via affidavit.
(2) Affidavits are admissible unless disputed.
(3) The court may summon the affiant for examination.
(4) Affidavits are sworn before authorized officers.
Note: No specific form is associated, but this aligns with Section 333.
Clause:
(1) Formal evidence may be submitted via affidavit.
(2) Affidavits are admissible for routine matters.
(3) The court may require oral testimony if disputed.
(4) Affidavits are certified by authorized officers.
Note: No specific form applies, but this supports efficiency.
Clause:
(1) Affidavits are sworn before magistrates or notaries.
(2) Courts may also administer oaths for affidavits.
(3) Authorized officers are designated by law.
(4) False affidavits are punishable under law.
Note: No specific form is associated, but this supports Sections 331–332.
Clause:
(1) Previous convictions or acquittals are proved by court records.
(2) Certified copies are admissible evidence.
(3) The court verifies the record’s authenticity.
(4) Such evidence affects sentencing or trial proceedings.
Note: No specific form applies, but this aligns with Section 259 (PAGE8).
Clause:
(1) Evidence may be recorded in the accused’s absence if permitted.
(2) The accused is informed of the evidence later.
(3) The record is maintained as per standard procedures.
(4) Fairness is ensured through subsequent disclosure.
Note: No specific form applies, but this aligns with Section 355 (PAGE11).
Clause:
(1) Evidence from such officials may be submitted via reports.
(2) Reports are admissible without oral testimony if undisputed.
(3) The court may summon officials for examination.
(4) Reports are certified for authenticity.
Note: No specific form applies, but this streamlines official evidence.
Clauses (page 126):
Note: Prevents double jeopardy, with exceptions for distinct offences. Aligns with Section 334 (page 125). No specific form applies.
Clauses (page 126):
Note: Defines prosecution roles, aligning with Section 18 (page 22). No specific form applies.
Clauses (page 127):
Note: Enables private prosecution under court oversight. No specific form applies.
Clauses (page 127):
Note: Ensures fair trial rights, linked to Section 341. No specific form applies.
Clauses (page 128):
Note: Supports indigent accused, linked to Section 340. No specific form applies.
Clauses (page 128):
Relevant Form: Form No. 1 (Summons to an Accused Person, page 255, Section 63).
Clauses (page 129):
Note: Facilitates prosecution, linked to Sections 344–345. No specific form applies.
Clauses (page 129):
Note: Empowers higher courts, linked to Section 343. No specific form applies.
Clauses (page 130):
Note: Enforces pardon conditions, linked to Section 343. No specific form applies.
Clauses (page 130):
Note: Ensures efficient trials, linked to Section 324 (page 124). No specific form applies.
Clauses (page 131):
Note: Aids fact-finding. No specific form applies.
Clauses (page 131):
Relevant Form: Form No. 35 (Summons to Witness, page 255, Sections 63, 267).
Clauses (page 130):
Note: Facilitates evidence collection for identification purposes. No specific form applies.
Clauses (page 130):
Note: Ensures financial support for participation in judicial proceedings. No specific form applies.
Clauses (page 130):
Note: Allows courts to seek clarifications from the accused while protecting their right against self-incrimination. No specific form applies.
Clauses (page 131):
Note: Balances detailed submissions with judicial efficiency. No specific form applies.
Clauses (page 131):
Note: Protects the accused’s right to testify voluntarily while safeguarding against coercion. No specific form applies.
Clauses (page 131):
Note: Protects the accused from coerced confessions, ensuring fairness. Cross-references Section 182 (no inducement by police). No specific form applies.
Clauses (page 131):
Note: Enables judicial efficiency while protecting the accused’s rights. Cross-references Section 356 for proclaimed offenders. No specific form applies.
Clauses (page 131):
Note: Addresses absconding offenders while ensuring procedural fairness. Cross-references Section 84 (proclamation). No specific form applies.
Clauses (page 131):
Note: Ensures accessibility and fairness for non-native speakers. Cross-references Section 317 (interpreter’s oath). No specific form applies.
Clauses (page 131):
Note: Allows courts to address additional culprits identified during proceedings. No specific form applies.
Clauses (page 132):
Note: Promotes amicable resolution for specified offences. Refers to First Schedule for compoundable offences. No specific form applies.
Clauses (page 132):
Note: Allows termination of prosecution under judicial oversight. Cross-references Section 338 (Public Prosecutors). No specific form applies.
Clauses (page 132):
Note: Ensures cases are handled by courts with appropriate jurisdiction. Cross-references Section 213 (Court of Session). No specific form applies.
Clauses (page 132):
Note: Facilitates transfer to higher courts for serious offences. Cross-references Section 232 (commitment to Court of Session). No specific form applies.
Clauses (page 132):
Note: Addresses repeat offenders with stricter penalties. Cross-references Section 334 (proof of previous conviction). No specific form applies.
Clauses (page 132):
Note: Ensures serious offences are adjudicated by courts with adequate sentencing authority. Cross-references Section 8 (Court of Session). No specific form applies.
Clauses (page 132):
Note: Ensures continuity in judicial proceedings despite changes in presiding officers. No specific form applies.
Clauses (page 132):
Note: Promotes transparency in judicial proceedings while allowing exceptions for specific circumstances. No specific form applies.
Clause:
When a Magistrate holding an inquiry or trial finds reason to believe the accused is of unsound mind and incapable of making their defense, the Magistrate shall inquire into the fact of such unsoundness and may postpone further proceedings, ensuring the accused is examined by a medical officer.
Clause:
If the accused appears to be of unsound mind during a trial before a Court of Session or High Court, the Court shall try the fact of such unsoundness and, if satisfied, postpone the trial, ordering the accused to be detained in safe custody pending further orders.
Clause:
A person of unsound mind may be released on bail or delivered to a relative or friend under a bond, if the Court finds they are not dangerous, pending investigation or trial, subject to conditions ensuring their safety and appearance.
Clause:
When an accused person of unsound mind becomes capable of making their defense, the Court shall resume the inquiry or trial, ensuring all necessary steps are taken to proceed with the case.
Clause:
If an accused detained as a person of unsound mind appears before a Magistrate or Court and is found capable of making their defense, the Magistrate or Court shall proceed with the case or release the accused on bail, as appropriate.
Clause:
If, during trial, it is found that the accused was of sound mind at the time of committing the offence but is now of unsound mind, the Court shall proceed with the trial, recording such findings.
Clause:
If an accused is acquitted on the ground of unsoundness of mind at the time of the offence, the Court shall record a finding to that effect and order the accused to be detained in safe custody.
Clause:
A person acquitted due to unsoundness of mind shall be detained in a lunatic asylum or other prescribed place of safe custody, as ordered by the State Government, pending further directions.
Clause:
The State Government may empower the officer in charge of a place of detention to discharge persons of unsound mind when they are found capable of managing their affairs or are no longer dangerous.
Clause:
If a detained person of unsound mind is reported capable of making their defense, they shall be brought before the Court, which will proceed with the trial or inquiry as per the provisions of this Sanhita.
Clause:
When a detained person of unsound mind is declared fit for release, the State Government may order their release, either absolutely or subject to conditions, ensuring their welfare and public safety.
Clause:
A person of unsound mind may be delivered to the care of a relative or friend under a bond ensuring their proper care and prevention of harm, as ordered by the State Government or Court.
Clause:
(1) When a Court is satisfied that it is necessary or expedient in the interests of justice to proceed against any person for an offence under section 215, it may take cognizance of the offence as provided in this section.
(2) The Court shall follow the procedure prescribed for the trial of such offences.
Clause:
(1) Any person convicted under this Chapter may appeal to the Court to which an appeal ordinarily lies from the Court passing the order.
(2) The appeal shall be filed within the period prescribed by this Sanhita.
Clause:
(1) The Court may, in any proceedings under this Chapter, order the payment of costs by any party as it deems fit.
Clause:
(1) A Magistrate taking cognizance of an offence under this Chapter shall issue a summons or warrant as required.
(2) The Magistrate shall ensure that the accused is informed of the charges and proceedings.
Clause:
(1) A Court may try any person for giving false evidence by a summary procedure as provided in this section.
Clause:
(1) When an offence of contempt is committed in the presence of the Court, it may take immediate action to punish the offender.
(2) The offender shall be given an opportunity to show cause against the action.
Clause:
(1) If the Court considers that a case of contempt should not be dealt with under section 384, it shall refer the case to another Court.
Clause:
(1) A Registrar or Sub-Registrar shall be deemed a Civil Court for the purposes of dealing with offences under this Chapter.
(2) Such officers shall exercise the powers of a Civil Court as specified.
Clause:
(1) The Court may discharge an offender who submits an apology if it is satisfied that the apology is sufficient.
Clause:
(1) Any person who refuses to answer questions or produce documents as ordered by the Court may be imprisoned or committed.
(2) Such action shall be taken only after the person has been given an opportunity to comply.
Clause:
(1) A witness who fails to attend Court in obedience to a summons may be punished by a summary procedure.
Clause:
(1) Any person convicted under sections 383, 384, 388, or 389 may appeal to the Court specified for such appeals.
(2) The procedure for such appeals shall be as laid down in this Sanhita.
Clause:
(1) No Judge or Magistrate shall try any offence under this Chapter when such offence is committed before themselves.
Clause:
(1) The judgment in every criminal trial shall be delivered in open Court by the presiding officer upon completion of the trial or at a notified subsequent time.
(2) The judgment shall be pronounced in the Court’s language or as otherwise directed.
Clause:
(1) Judgments shall be written in the language of the Court.
(2) They shall include the points for determination, decisions, and reasons.
Clause:
(1) The Court may require a previously convicted offender to notify their address to authorities.
Clause:
(1) The Court may direct the accused to compensate victims for losses or injuries caused by the offence.
(2) Compensation amounts shall reflect the offence’s nature and loss incurred.
Clause:
(1) State Governments shall establish schemes for victim compensation.
(2) Schemes shall outline eligibility and application procedures.
Clause:
(1) Victims shall be treated with dignity throughout criminal proceedings.
Clause:
(1) State Governments shall establish schemes for witness protection.
(2) Schemes shall specify measures to ensure witness safety and participation.
Clause:
(1) Courts may award compensation to persons wrongfully arrested or detained.
(2) Compensation shall be borne by the State or responsible party.
Clause:
(1) Courts may order complainants to pay costs in frivolous non-cognizable cases.
Clause:
(1) Courts may release offenders on probation instead of sentencing.
(2) Offenders may be admonished and released without punishment in certain cases.
Clause:
(1) Courts shall record reasons for not imposing imprisonment in specified cases.
(2) Such reasons shall be documented in the judgment.
Clause:
(1) Courts shall not modify signed judgments, except for clerical errors.
Clause:
(1) The accused shall receive a free judgment copy post-pronouncement.
(2) Others affected may obtain copies upon paying prescribed fees.
Clause:
(1) Judgments shall be translated if the accused does not understand the Court’s language.
Clause:
(1) The Court of Session shall forward a copy of its findings and sentence to the District Magistrate.
Clause:
(1) Every death sentence passed by a Court of Session shall be submitted to the High Court for confirmation.
(2) The sentence shall not be executed until confirmed by the High Court.
Clause:
(1) The High Court may direct the Court of Session to conduct further inquiry.
(2) Additional evidence may be ordered if deemed necessary.
Clause:
(1) The High Court may confirm the death sentence or pass any other sentence.
(2) The High Court may annul the conviction and order a new trial.
Clause:
(1) Death sentence confirmations or new sentences shall be signed by at least two High Court Judges.
Clause:
(1) If High Court Judges differ on confirmation, the case shall be referred to a third Judge.
(2) The third Judge’s decision shall determine the outcome.
Clause:
(1) The High Court shall follow prescribed procedures for confirmation cases.
(2) The accused shall have the right to be heard during proceedings.
Clause:
(1) No appeal shall lie from any judgment or order unless expressly provided by this Sanhita.
Clause:
(1) An appeal may be filed against orders requiring security for keeping peace.
(2) Appeals may challenge refusal or rejection of sureties.
Clause:
(1) Any person convicted may appeal to the appropriate appellate court.
(2) Appeals may challenge the conviction or sentence.
Clause:
(1) No appeal shall lie if the accused pleads guilty and is convicted.
Clause:
(1) No appeal shall lie in cases involving petty offences as prescribed.
Clause:
(1) The State Government may appeal against inadequate sentences.
(2) Appeals shall be filed within the prescribed time.
Clause:
(1) The State or complainant may appeal against an acquittal.
(2) Appeals require leave from the appellate court.
Clause:
(1) Appeals against High Court convictions may be filed in specified cases.
Clause:
(1) Special appeal rights may be granted in prescribed circumstances.
Clause:
(1) Appeals to the Court of Session shall be heard by a Sessions Judge.
(2) The court may summon records or witnesses.
Clause:
(1) Every appeal shall be filed as a petition in writing.
Clause:
(1) Imprisoned appellants may file appeals through jail authorities.
Clause:
(1) The appellate court may dismiss appeals summarily if no merit is found.
Clause:
(1) Appeals not summarily dismissed shall be heard fully.
(2) Both parties shall be given an opportunity to argue.
Clause:
(1) The appellate court may dismiss, uphold, or modify the judgment.
(2) It may order a retrial or enhance the sentence.
Clause:
(1) Subordinate appellate courts shall deliver reasoned judgments.
Clause:
(1) High Court appeal orders shall be certified to the lower court.
Clause:
(1) The appellate court may suspend a sentence pending appeal.
(2) The appellant may be released on bail as prescribed.
Clause:
(1) The appellate court may order the arrest of an acquitted accused during appeal.
Clause:
(1) The appellate court may take additional evidence if necessary.
(2) It may direct lower courts to collect such evidence.
Clause:
(1) When the Judges composing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judge of the same Court or a higher Court, as may be prescribed.
(2) Such Judge, after such hearing as he thinks fit, shall deliver his opinion, and that opinion shall be binding on the parties involved.
Clause:
(1) Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in cases provided for in Section 418, Section 419, Sub-section (4) of Section 425, or Chapter XXXII.
(2) Notwithstanding the final disposal of an appeal against conviction, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 419 arising out of the same case.
Clause:
(1) Every appeal under Section 418 or Section 419 shall finally abate on the death of the accused.
Clause:
(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897, or in any other law for the time being in force.
(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail, or release him on bail to appear when called upon.
Explanation: This section enables courts to seek High Court guidance on legal questions, particularly regarding the validity of laws, and allows discretionary reference for other legal issues, with provisions for managing the accused’s custody or bail during the reference. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 436.
Clause:
(1) When a question has been so referred under section 436, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.
(2) The High Court may direct by whom the costs of such reference shall be paid.
Explanation: This section mandates that courts follow the High Court’s decision on referred questions and allows the High Court to allocate costs for the reference process. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 437.
Clause:
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439.
(2) On examining any record under this section or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-section (4) of section 227, or into the case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for further inquiry or fresh trial in any case in which an order of acquittal has been made.
(3) If any application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Explanation: This section empowers the High Court and Sessions Judge to review records of inferior courts to ensure justice, suspend sentences or orders, and order further inquiries, except in cases of acquittal, while preventing duplicate applications. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438.
Clause:
On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any proceeding in which an order of discharge or dismissal has been made.
Explanation: This section allows the High Court or Sessions Judge to order further inquiries into cases where a discharge or dismissal order was issued, ensuring thorough review of judicial decisions. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 439.
Clause:
(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442.
(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.
Explanation: This section grants the Sessions Judge revisional powers similar to those of the High Court for cases within their jurisdiction, ensuring finality of their decisions to prevent further revisions by the same party. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 440.
Clause:
An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.
Explanation: This section allows an Additional Sessions Judge to exercise the same revisional powers as a Sessions Judge for cases assigned to them, ensuring flexibility in judicial administration. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 441.
Clause:
(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 432 and 434 or on a Court of Session by section 344 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by an advocate in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
Explanation: This section outlines the High Court’s revisional powers, allowing it to exercise appellate powers, ensure fair hearings, and handle revision applications as appeals when justified, while prohibiting conversion of acquittals to convictions. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 442.
Clause:
(1) Whenever one or more persons is or are convicted at the same trial, and two or more of them apply for revision to different Judges of the High Court, the Judge to whom the first application is made may, if he thinks fit, transfer the application or applications made to the other Judge or Judges to himself or to any other Judge of the High Court, and all such applications shall be heard together and disposed of by the Judge to whom they are made or transferred.
(2) The High Court may, if it thinks fit, withdraw any revision case pending before a Sessions Judge and either dispose of it itself or transfer it to another Sessions Judge or to any other Court competent to dispose of the same.
Explanation: This section allows the High Court to consolidate or transfer revision applications to ensure consistent adjudication and efficient case management. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 443.
Clause:
Save as otherwise provided in section 442, no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate.
Explanation: This section clarifies that there is no inherent right to a hearing in revision proceedings, but courts may discretionarily allow parties to be heard. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 444.
Clause:
When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.
Explanation: This section ensures that the High Court or Sessions Judge’s revisional decisions are communicated to the lower court, which must comply and amend records as needed. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 445.
Clause:
(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to a Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.
Explanation: This section empowers the Supreme Court to transfer cases or appeals between High Courts or subordinate courts for justice, upon application by the Attorney-General or interested parties, with provisions for compensating frivolous applications. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 446.
Clause:
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that an order under this section is required by any provision of this Sanhita, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,
it may order—
(i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 (both inclusive), but in other respects competent to inquire into or try such offence;
(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before itself.
(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative:
Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.
(3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.
(4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub-section (7).
(5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application.
(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the subordinate Court’s power of remand under section 346.
(7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order of Government under section 218.
Explanation: This section enables the High Court to transfer cases or appeals for fair trials, legal complexity, or convenience, with procedural safeguards like notice to the Public Prosecutor and compensation for frivolous applications. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447.
Clause:
(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.
(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the words “such sum as it may consider proper in the circumstances of the case” occurring therein, the words “such sum not exceeding twenty-five thousand rupees as he may consider proper in the circumstances of the case” were substituted.
Explanation: This section allows a Sessions Judge to transfer cases within their sessions division for justice, applying similar procedural rules as the High Court, with a cap on compensation for frivolous applications. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 448.
Clause:
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.
Explanation: This section empowers a Sessions Judge to withdraw or recall cases or appeals from subordinate courts for reassignment or personal adjudication, ensuring flexible case management. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 449.
Clause:
(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
(2) Any Judicial Magistrate may recall a case made over by him under sub-section (2) of section 214 to any other Magistrate and may inquire into or try such case himself.
Explanation: This section allows Chief Judicial Magistrates and Judicial Magistrates to withdraw or recall cases from subordinate courts for reassignment or personal inquiry, facilitating efficient judicial administration. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 450.
Clause:
Any District Magistrate or Sub-divisional Magistrate may—
(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
Explanation: This section permits District and Sub-divisional Magistrates to assign or withdraw cases from subordinate Magistrates for disposal, ensuring administrative flexibility. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 451.
Clause:
A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.
Explanation: This section mandates that Sessions Judges and Magistrates record reasons for orders related to case transfers or withdrawals, ensuring transparency and accountability. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 452.
Clause:
When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall, without delay, cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.
Explanation: Directs the Court of Session to promptly execute the High Court’s order confirming a death sentence or other related orders by issuing a warrant or taking necessary steps. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 453.
Clause:
When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.
Explanation: Requires the Court of Session to implement a death sentence passed by the High Court in appeal or revision by issuing an execution warrant. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 454.
Clause:
(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or, if an appeal is preferred within that period, until such appeal is disposed of.
(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.
(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave to appeal under article 136 of the Constitution, the High Court shall order the execution to be postponed for such period as it considers sufficient to enable him to present such petition.
Explanation: Mandates postponement of a death sentence’s execution by the High Court during appeals to the Supreme Court under constitutional provisions, ensuring time for filing and disposal of appeals or special leave petitions. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 455.
Clause:
If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.
Explanation: Allows the High Court to postpone and potentially commute a death sentence to life imprisonment for a pregnant woman, prioritizing humanitarian considerations. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 456.
Clause:
(1) Except when otherwise provided by any law for the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Sanhita shall be confined.
(2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail.
(3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either—
(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908; or
(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908.
Explanation: Empowers the State Government to designate imprisonment locations and allows courts to transfer prisoners between civil and criminal jails, with provisions for release or return based on civil procedure laws. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 457.
Clause:
(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 464, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.
(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.
Explanation: Details the procedure for executing life or term imprisonment sentences, including issuing warrants and transferring the accused to the designated jail, with special provisions for short-term confinement. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 458.
Clause:
Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.
Explanation: Specifies that imprisonment warrants must be addressed to the officer managing the jail or confinement facility. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 459.
Clause:
When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.
Explanation: Requires that imprisonment warrants be delivered to the jailor of the facility where the prisoner is to be confined. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 460.
Clause:
(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may—
(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 395.
(2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.
(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.
Explanation: Authorizes courts to recover fines through attachment and sale of movable property or by directing the Collector to treat the fine as land revenue arrears, with restrictions on recovery if default imprisonment is served. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 461.
Clause:
A warrant issued under clause (a) of sub-section (1) of section 461 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.
Explanation: Clarifies that a fine recovery warrant can be executed locally or, with District Magistrate endorsement, outside the court’s jurisdiction for property attachment and sale. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 462.
Clause:
Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of section 461 as to the execution of such warrant shall apply accordingly.
Explanation: Enables fine recovery warrants issued in non-BNSS territories to be treated as valid in BNSS territories when directed to a Collector, following standard recovery procedures. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 463.
Clause:
(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made; and, if the amount of the fine or of any instalment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond or bail bond, as the Court thinks fit, for his appearance before the Court in the manner provided in clause (b) of sub-section (1), the Court may, instead of directing immediate execution of the sentence of imprisonment, make an order in accordance with the provisions of sub-section (1).
Explanation: Allows courts to suspend imprisonment for fine defaulters by setting payment deadlines or instalments and releasing the offender on bond, with imprisonment enforced if payments are missed. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 464.
Clause:
Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office.
Explanation: Permits the original sentencing Judge or Magistrate, or their successor, to issue execution warrants for sentences. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 465.
Clause:
(1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.
(2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict,—
(a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;
(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has served the period of his previous sentence which remained unexpired at the time of his escape.
(3) When a sentence of fine is passed under this Sanhita on an escaped convict, the fine shall be recoverable immediately, but if such sentence also includes a sentence of imprisonment, the fine shall not be recoverable until the convict has undergone the imprisonment, unless the Court directs otherwise.
Explanation: Specifies when sentences on escaped convicts take effect, prioritizing immediate execution for death, life imprisonment, or severer terms, and sequencing for lesser terms or fines. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 466.
Clause:
(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under section 141 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to such order, the latter sentence shall commence immediately.
(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.
Explanation: Determines that new sentences for imprisoned offenders start after existing sentences unless ordered to run concurrently, with specific rules for life imprisonment and security-related defaults. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 467.
Clause:
Where an accused person has, on conviction, been sentenced to imprisonment for a term, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of his imprisonment, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: Provided that in cases where such person is sentenced to imprisonment for life, such period of detention shall be set off in such manner as the State Government may, by rules, provide.
Explanation: Credits pre-conviction detention time against the imprisonment term, reducing the remaining sentence, with special provisions for life imprisonment as per State rules. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 468.
Clause:
(1) Nothing in section 466 or section 467 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.
(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.
Explanation: Ensures that sentencing rules for escaped or previously convicted offenders do not reduce their liability, and delays default imprisonment for fines until after substantive sentences are served. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 469.
Clause:
When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.
Explanation: Requires the officer executing a sentence to return the warrant to the issuing court with a certified endorsement of how the sentence was carried out. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 470.
Clause:
Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 464 shall, in its application to an order under section 395, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 464, after the words and figures “under section 395”, the words “or an order for payment of costs under section 400” had been inserted.
Explanation: Treats non-fine monetary orders under the BNSS as recoverable like fines, with modified suspension rules for compensation or cost orders. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 471.
Clause:
(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced by directing the suspension or remission of the sentence in accordance with the provisions of section 473 or section 474, as the case may be.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) Nothing herein contained shall affect the provisions of section 456.
(6) The appropriate Government may, in cases where a person has been sentenced to death, direct that a mercy petition be made to the President or the Governor, as the case may be, and such petition shall be disposed of within a period of sixty days from the date of presentation of such petition.
(7) Where a mercy petition made under sub-section (6) is rejected, the person sentenced may, within a period of seven days from the date of communication of such rejection, make another mercy petition to the President or the Governor, as the case may be, and such petition shall be disposed of within a period of thirty days from the date of presentation of such petition.
Explanation: Permits the appropriate Government to suspend or remit sentences, including directing mercy petitions in death sentence cases, with specific timelines for disposal and provisions for re-arrest if conditions are breached. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 472.
Clause:
(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.
(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of death) passed on a person above eighteen years of age, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—
(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or
(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.
(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law which restricts the liberty of any person or imposes any liability upon him or his property.
(7) In this section and in section 474, the expression “appropriate Government” means,—
(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government;
(b) in other cases, the State Government.
Explanation: Grants the appropriate Government authority to suspend or remit sentences with conditions, requiring judicial input and allowing cancellation if conditions are unmet, with specific rules for petition presentation. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 473.
Clause:
The appropriate Government may, without the consent of the person sentenced, commute—
(a) a sentence of death, for any other punishment provided by the Bharatiya Nyaya Sanhita, 2023;
(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;
(c) a sentence of imprisonment for a term, for fine;
(d) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;
(e) a sentence of simple imprisonment, for fine.
Explanation: Authorizes the appropriate Government to commute various sentences (e.g., death to lesser punishment, life imprisonment to a term or fine) without the sentenced person’s consent. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 474.
Clause:
Notwithstanding anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.
Explanation: Restricts remission or commutation for life imprisonment in serious cases, requiring at least 14 years of actual imprisonment before release. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 475.
Clause:
The powers conferred by sections 472 and 473 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—
(a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
(b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall be exercised by the Central Government and not by the State Government.
Explanation: Assigns remission and commutation powers for death sentences in cases involving central agencies, government property, or officials to the Central Government instead of the State Government. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 476.
Clause:
The powers conferred by sections 472 and 473 upon the State Government to remit or commute a sentence shall not, in any case where the sentence is for an offence—
(a) specified in Chapter V or Chapter VI of the Bharatiya Nyaya Sanhita, 2023; or
(b) investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or
(c) involving misappropriation or destruction of, or damage to, any property belonging to the Central Government; or
(d) committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, be exercised by the State Government except after concurrence with the Central Government.
Explanation: Requires State Governments to obtain Central Government concurrence before remitting or commuting sentences for offences under specific BNSS chapters, central agency investigations, or involving central property or officials. Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 477.
Clause:
(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 135A.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 480 and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1) or (2), the Court shall impose the conditions,—
Clause:
Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail:
Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bail by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law:
Provided further that the Court may, if it considers it appropriate to do so, direct that such person be released on bail even before the period specified in this section, on such conditions as it deems fit:
Provided also that the provisions of this section shall not apply to offences for which punishment of life imprisonment or death has been specified under any law.
Clause:
(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but—
Clause:
(1) A Court releasing any person on bail shall require the person to appear before the next Appellate Court in person or through his advocate during the pendency of an appeal and at the time of pronouncement of the judgement in appeal, as the case may be.
(2) For the purposes of sub-section (1), the Court shall direct the person released on bail to execute a bond with or without sureties, for such amount as the Court may deem fit, undertaking to appear before the next Appellate Court as required under that sub-section.
Clause:
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—
Clause:
(1) A High Court or Court of Session may direct—
Clause:
(1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(2) The High Court or the Court of Session may direct that the bail required by a bond be reduced.
Clause:
(1) Before any person is released on bail, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where a condition is imposed for the release of any person on bail that he shall appear before any Court, the bond shall also contain a condition that he shall so appear and in addition a condition that such person shall remain in India until otherwise permitted by the Court.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate or a police officer subordinate to it, as to the sufficiency of such sureties.
Clause:
Every surety shall execute a declaration in such form as may be prescribed regarding his solvency and nationality before the Court at the time of the bail hearing of the accused person.
Clause:
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him.
(2) Nothing in this section, section 478 or section 480 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
Clause:
If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do so, may commit him to jail.
Clause:
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.
(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.
Clause:
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
Clause:
(1) If any bond under this Sanhita for the appearance of any person or for any other purpose is forfeited, the Court may, after recording its reasons for doing so, call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita:
Provided that where such penalty is not paid and cannot be recovered by attachment and sale of movable and immovable property of such person, the Court may order imprisonment of such person who is a surety for a period which may be up to three months.
(3) The Court may, in its discretion, remit any portion of the penalty mentioned and enforce payment in part only.
(4) When a person who has failed to appear as required by a bond is arrested and brought before the Court, the Court may order the penalty to be discharged and release him, or commit him to custody.
Clause:
Without prejudice to the provisions of section 491, where a bond under this Sanhita is for appearance of a case or for any other purpose in a case is cancelled, the Court may cancel it and may at any time require a fresh bond from the person so released in such amount as it may think fit.
Clause:
When any surety to a bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such bond was demanded to furnish, in lieu thereof, a fresh bail bond or a fresh bond with sureties or surety.
Clause:
Where a child is to be released under this chapter on bail or otherwise, the Court may, instead of taking a bond from such child, take a bond executed by a surety or sureties only for the appearance of such child with or without conditions as the court may direct.
Clause:
All orders passed under section 491 by a Magistrate shall be appealable to the Sessions Judge or, in his absence, to the Additional Sessions Judge.
Clause:
The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or for any other purpose executed under this Sanhita.
Clause:
(1) When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation or inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
Explanation: For the purposes of this section, "property" includes—
(a) property of any kind or document which is produced before the Court or which is in its custody;
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
(2) The Court or the Magistrate shall cause a statement to be prepared under the supervision of a police officer not below the rank of a sub-inspector recording the details of the property.
(3) The statement prepared under sub-section (2) shall be supported by photographs or videography of the property taken under the supervision of such police officer and such police officer and the person who has taken such photographs or videography shall certify under his signature that the photographs or videography truly represent the property.
(4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under this Sanhita.
(5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.
Clause:
(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.
(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.
(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 499, 500 and 501.
(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.
(5) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
Clause:
When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him in good faith, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of any money found in the possession of the offender at the time of his apprehension, a sum not exceeding the price paid by such purchaser be paid to him.
Clause:
When any person is convicted of any offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that any person has suffered loss or injury by reason of such offence, the Court may, when passing judgment, order the person convicted to pay, by way of compensation, such amount as it may determine to the person who has suffered such loss or injury.
Clause:
(1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) On a conviction under section 274, section 275, section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.
Clause:
(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:
Provided that no such order shall be made by the Court more than one month after the date of the conviction.
(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.
(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499.
Clause:
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such a case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Clause:
(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.
(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.
Clause:
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
Clause:
If any Magistrate not empowered by law to do any of the following things, namely:—
(a) to issue a search-warrant under section 97;
(b) to order, under section 174, the police to investigate an offence;
(c) to hold an inquest under section 196;
(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;
(f) to make over a case under sub-section (2) of section 212;
(g) to tender a pardon under section 343;
(h) to recall a case and try it himself under section 451;
(i) to sell property under section 497 or section 498;
erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
Clause:
If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—
(a) attaches and sells property under section 85;
(b) issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority;
(c) demands security to keep the peace;
(d) demands security for good behaviour;
(e) discharges a person lawfully bound to be of good behaviour;
(f) cancels a bond to keep the peace;
(g) makes an order for maintenance;
(h) makes an order under section 152 as to local nuisance;
(i) prohibits, under section 162, the repetition or continuance of public nuisance;
(j) makes an order under Part C or Part D of Chapter XI;
(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210;
(l) tries an offender;
(m) tries an offender summarily;
(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate;
(o) decides an appeal;
(p) calls, under section 446, for proceedings;
(q) revises an order passed under section 448;
(r) makes an order under sub-section (2) of section 496;
his proceedings shall be void.
Clause:
No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
Clause:
(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference and revision.
Clause:
(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.
(2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may—
(a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge;
(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:
Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.
Clause:
(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.
(2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.
Clause:
No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.
Clause:
In this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 514 for taking cognizance of an offence.
Clause:
(1) Except as otherwise provided in this Sanhita, no court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be—
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
Clause:
(1) The period of limitation for taking cognizance of an offence shall commence—
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
(2) In computing the said period, the day from which such period is to be computed shall be excluded.
Clause:
(1) In computing the period of limitation, the time during which—
(a) any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it;
(b) the offender has avoided arrest by absconding or concealing himself, shall be excluded.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence has been given, or where, under this Sanhita, or any other law for the time being in force, previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
Explanation: In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.
(4) In computing the period of limitation, the time during which the offender—
(a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or
(b) was in a place where the process of law could not be served on him, shall be excluded.
Clause:
Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.
Explanation: A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.
Clause:
In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
Clause:
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
Clause:
When any person is sent for trial to the High Court, such trial shall be held before a Court of Session, and the provisions of this Sanhita relating to the Court of Session shall apply to such trial.
Clause:
(1) The Central Government may make rules consistent with this Sanhita and the Army Act, 1950, the Navy Act, 1957, the Air Force Act, 1950 and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this Sanhita applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.—In this section—
(a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company;
(b) “Court-martial” includes any tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
Clause:
Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
Clause:
(1) Every High Court may, with the previous approval of the State Government, make rules—
(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
(c) providing a penalty for a breach of any of the rules so made and prescribing the authority who may take action in such cases;
(d) determining the form, the language and other details of the records and registers maintained in digital form; and
(e) any other matter which is required to be, or may be, prescribed by any law for the time being in force.
(2) All rules made under this section shall be published in the Official Gazette.
Clause:
If the State Government is of the opinion that it is necessary or expedient in public interest so to do, it may, after consultation with the High Court, by notification, direct that all or any of the functions allocated to the Executive Magistrates under this Sanhita or any other law for the time being in force, be performed by Judicial Magistrates in any local area and thereupon the Judicial Magistrates shall perform those functions in that local area.
Clause:
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.
Clause:
No advocate who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
Clause:
A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property.
Clause:
Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Clause:
Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.
Clause:
All trials, inquires and proceedings under this Sanhita, including—
(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant, accused, and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or revision proceedings,
may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.
Clause:
(1) The Code of Criminal Procedure, 1973 is hereby repealed.
(2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Sanhita;
(c) any sanction accorded or consent given under the said Code in respect of an offence committed before the commencement of this Sanhita may be given under this Sanhita as if that offence is committed after such commencement and the provisions of this Sanhita shall apply accordingly.
Description: This part lists offences under the Bharatiya Nyaya Sanhita, detailing their classification, punishment, arrest provisions, bail status, and trial jurisdiction. The table covers sections from 49 to 356, addressing offences such as abetment, rape, murder, theft, and more, with specific provisions for aggravating circumstances.
| Section | Offence | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 49 | Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. | According as offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 50 | Abetment of any offence, if the person abetted does act with different intention from that of abettor. | According as offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 51 | Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso. | According as offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 52 | Abettor when liable to cumulative punishment for act abetted and for act done. | According as offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 53 | Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. | According as offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 54 | Abetment of any offence, if abettor present when offence is committed. | According as offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 55 | Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. | Imprisonment for 7 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 56 | If an act which causes harm to be done in consequence of the abetment. | Imprisonment for 14 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 57 | Abetment. | Imprisonment for 14 years and fine. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 58(a) | Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. | Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 58(b) | If offence be not committed. | Imprisonment for 3 years and fine. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
| 59(a) | If the abettor or the person abetted be a public servant whose duty it is to prevent the offence. | Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 59(a) | A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. | Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 59(b) | If the offence be punishable with death or imprisonment for life. | Imprisonment for 10 years. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 59(c) | If the offence be not committed. | Imprisonment extending to one-fourth of the longest term provided for offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
| 60(a) | Concealing a design to commit an offence punishable with imprisonment, if offence be committed. | Imprisonment extending to one-fourth of the longest term provided for offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
| 60(b) | If the offence be not committed. | Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both. | According as offence abetted is cognizable or non-cognizable. | Bailable. | Court by which offence abetted is triable. |
| 61(2)(a) | Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards. | Same as for abetment of the offence which is the object of the conspiracy. | According as the offence which is the object of conspiracy is cognizable or non-cognizable. | According as offence which is object of conspiracy is bailable or non-bailable. | Court by which offence which is the object of conspiracy is triable. |
| 61(2)(1) | Any other criminal conspiracy. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 62 | Attempting to commit offence punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. | One half of the imprisonment for life, or imprisonment not exceeding one-half of the longest term, provided for the offence, or fine, or both. | According as the offence is cognizable or non-cognizable. | According as the offence attempted by the offender is bailable or non-bailable. | The court by which the offence attempted is triable. |
| 64(1) | Rape. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 64(2) | Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean imprisonment for remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 65(1) | Persons committing offence of rape on a woman under sixteen years of age. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 65(2) | Persons committing offence of rape on a woman under twelve years of age. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or death. | Cognizable. | Non-bailable. | Court of Session. |
| 66 | Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or death. | Cognizable. | Non-bailable. | Court of Session. |
| 67 | Sexual intercourse by husband upon his wife during separation. | Imprisonment for not less than 2 years but which may extend to 7 years and fine. | Cognizable (only on the complaint of the victim). | Non-bailable. | Court of Session. |
| 68 | Sexual intercourse by a person in authority, etc. | Rigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 69 | Sexual intercourse by employing deceitful means, etc. | Imprisonment which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 70(1) | Gang rape. | Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 70(2) | Gang rape on a woman under eighteen years of age. | Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death. | Cognizable. | Non-bailable. | Court of Session. |
| 71 | Repeat offenders. | Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death. | Cognizable. | Non-bailable. | Court of Session. |
| 72(1) | Disclosure of identity of the victim of certain offences, etc. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 73 | Printing or publication of a proceeding without prior permission of court. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 74 | Assault or use of criminal force to woman with intent to outrage her modesty. | Imprisonment for 1 year which may extend to 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 75(2) | Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) of sub-section (1). | Rigorous imprisonment with 3 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 75(3) | Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1). | Imprisonment for 1 year, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 76 | Assault or use of criminal force to woman with intent to disrobe. | Imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 77 | Voyeurism. | Imprisonment for not less than 1 year but which may extend to 3 years and fine. | Cognizable. | Bailable. | Court of Session. |
| Second or subsequent conviction. | Imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| 78(2) | Stalking. | Imprisonment up to 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| Second or subsequent conviction. | Imprisonment up to 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. | |
| 79 | Uttering any word or making any gesture intended to insult the modesty of a woman, etc. | Simple imprisonment for 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 80(2) | Dowry death. | Imprisonment for not less than 7 years but which may extend to imprisonment for life. | Cognizable. | Non-bailable. | Court of Session. |
| 81 | A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. | Imprisonment for 10 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| 82(1) | Marrying again during the life time of a husband or wife. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 82(2) | Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. | Imprisonment for 10 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 83 | A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married. | Imprisonment up to 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| 84 | Enticing or taking away or detaining with a criminal intent a married woman. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 85 | Punishment for subjecting a married woman to cruelty. | Imprisonment for 3 years and fine. | Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. | Non-bailable. | Magistrate of the first class. |
| 87 | Kidnapping, abducting or inducing woman to compel her marriage, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 88 | Causing miscarriage. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| If the woman be quick with child. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. | |
| 89 | Causing miscarriage without women’s consent. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 90(1) | Death caused by an act done with intent to cause miscarriage. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 90(2) | If act done without women’s consent. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. |
| 91 | Act done with intent to prevent a child being born alive, or to cause it to die after its birth. | Imprisonment for 10 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. |
| 92 | Causing death of a quick unborn child by an act amounting to culpable homicide. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 93 | Exposure of a child under 12 years of age by parent or person having care of it with intention of wholly abandoning it. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 94 | Concealment of birth by secret disposal of dead body. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 95 | Hiring, employing or engaging a child to commit an offence. | Imprisonment for not less than 3 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| If offence be committed. | Same as for the offence committed. | Cognizable. | Non-bailable. | Court by which offence committed is triable. | |
| 96 | Procuration of child. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 97 | Kidnapping or abducting a child under ten years with intent to steal from its person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 98 | Selling child for purposes of prostitution, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 99 | Buying child for purposes of prostitution, etc. | Imprisonment for not less than 7 years but which may extend to 14 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 103(1) | Murder. | Death or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 103(2) | Murder by group of five or more persons. | Death or with imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 104 | Murder by life-convict. | Death or imprisonment for life, which shall mean the remainder of that person’s natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 105 | Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc. | Imprisonment for life, or imprisonment for not less than 5 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc. | Imprisonment for 10 years and with fine. | Cognizable. | Non-bailable. | Court of Session. | |
| 106(1) | Causing death by negligence. | Imprisonment for 5 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| Causing death by negligence by registered medical practitioner. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. | |
| 106(2) | Causing death by rash and negligent driving of vehicle and escaping. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 107 | Abetment of suicide of child or person of unsound mind, etc. | Death, or imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 108 | Abetment of suicide. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 109(1) | Attempt to murder. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| If such act causes hurt to any person. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. | |
| 109(2) | Attempt by life-convict to murder, if hurt is caused. | Death, or imprisonment for life which shall mean the remainder of that person’s natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 110 | Attempt to commit culpable homicide. | Imprisonment for 3 years, or fine or both. | Cognizable. | Non-bailable. | Court of Session. |
| If such act causes hurt to any person. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Court of Session. | |
| 111(2)(a) | Organised crime resulting in death of any person. | Death or imprisonment for life and fine of not less than 10 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(2)(b) | In any other case. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(3) | Abetting, attempting, conspiring or knowingly facilitating the commission of organised crime. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(4) | Being a member of an organised crime syndicate. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(5) | Intentionally harbouring or concealing any person who committed offence of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(6) | Possessing property derived, or obtained from the commission of organised crime. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 111(7) | Possessing property on behalf of a member of an organised crime syndicate. | Imprisonment for not less than 3 years but which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. | Cognizable. | Non-bailable. | Court of Session. |
| 112 | Petty Organised crime. | Imprisonment for not less than 1 year but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 113(2)(a) | Terrorist act resulting in the death of any person. | Death or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(2)(b) | In any other case. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(3) | Conspiring, attempting, abetting, etc., or knowingly facilitating the commission of terrorist act. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(4) | Organising camps, training, etc., for commission of terrorist act. | Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(5) | Being a member of an organisation involved in terrorist act. | Imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(6) | Harbouring, concealing, etc., of any person who committed a terrorist act. | Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 113(7) | Possessing property derived or obtained from commission of terrorist act. | Imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 115(2) | Voluntarily causing hurt. | Imprisonment for 1 year or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 117(2) | Voluntarily causing grievous hurt. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 117(3) | If hurt results in permanent disability or persistent vegetative state. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life. | Cognizable. | Non-bailable. | Court of Session. |
| 117(4) | Grievous hurt caused by group of 5 or more persons. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 118(1) | Voluntarily causing hurt by dangerous weapons or means. | Imprisonment for 3 years, or fine of 20,000 rupees, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 118(2) | Voluntarily causing grievous hurt by dangerous weapons or means [except as provided in section 122(2)]. | Imprisonment for life or imprisonment for not less than 1 year but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 119(1) | Voluntarily causing hurt to extort property, or to constrain to an illegal act. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 119(2) | Voluntarily causing grievous hurt for any purpose referred to in sub-section (1). | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 120(1) | Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 120(2) | Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 121(1) | Voluntarily causing hurt to deter public servant from his duty. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 121(2) | Voluntarily causing grievous hurt to deter public servant from his duty. | Imprisonment not less than 1 year, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 122(1) | Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. | Imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 122(2) | Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation. | Imprisonment for 5 years, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 123 | Causing hurt by means of poison, etc., with intent to commit an offence. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 124(1) | Voluntarily causing grievous hurt by use of acid, etc. | Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 124(2) | Voluntarily throwing or attempting to throw acid. | Imprisonment for 5 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 125 | Doing any act endangering human life or personal safety of others. | Imprisonment for 3 months, or fine of 2,500 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 125(a) | Where hurt is caused. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 125(b) | Where grievous hurt is caused. | Imprisonment for 3 years, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 126(2) | Wrongfully restraining any person. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 127(2) | WarmthImprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| 127(3) | Wrongfully confining for three or more days. | Imprisonment for 3 years, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 127(4) | Wrongfully confining for 10 or more days. | Imprisonment for 5 years and fine of 10,000 rupees. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 127(5) | Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation. | Imprisonment for 2 years in addition to any term of imprisonment under any other section and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 127(6) | Wrongful confinement in secret. | Imprisonment for 3 years in addition to other punishment which he is liable to and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 127(7) | Wrongful confinement for the purpose of extorting property, or constraining to an illegal act, etc. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 127(8) | Wrongful confinement for the purpose of extorting confession or information, or for compelling restoration of property, etc. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 131 | Assault or criminal force otherwise than on grave provocation. | Imprisonment for 3 months, or fine of 1,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 132 | Assault or use of criminal force to deter public servant from discharge of his duty. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 133 | Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 134 | Assault or criminal force in attempt to commit theft of property worn or carried by a person. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 135 | Assault or use of criminal force in attempt wrongfully to confine a person. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 136 | Assault or use of criminal force on grave and sudden provocation. | Simple imprisonment for one month, or fine of 200 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 137(2) | Kidnapping. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 139(1) | Kidnapping a child for purposes of begging. | Rigorous imprisonment not less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 139(2) | Maiming a child for purposes of begging. | Imprisonment not less than 20 years which may extend to remainder of that person’s natural life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(1) | Kidnapping or abducting in order to murder. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(2) | Kidnapping for ransom, etc. | Death, or imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 140(3) | Kidnapping or abducting with intent secretly and wrongfully to confine a person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 140(4) | Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 141 | Importation of a girl or boy from foreign country. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 142 | Wrongfully concealing or keeping in confinement, kidnapped or abducted person. | Punishment for kidnapping or abduction. | Cognizable. | Non-bailable. | Court by which the kidnapping or abduction is triable. |
| 143(2) | Trafficking of person. | Rigorous imprisonment for not less than 7 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(3) | Trafficking of more than one person. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(4) | Trafficking of a child. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(5) | Trafficking of more than one child. | Rigorous imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(6) | Person convicted of offence of trafficking of child on more than one occasion. | Imprisonment for life which shall mean the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(7) | Public servant or a police officer involved in trafficking of child. | Imprisonment for life which shall mean the remainder of that person’s natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 144(1) | Exploitation of a trafficked child. | Rigorous imprisonment for not less than 5 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 144(2) | Exploitation of a trafficked person. | Rigorous imprisonment for not less than 3 years but which may extend to 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 145 | Habitual dealing in slaves. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 263(a) | Resistance or obstruction by a person to his lawful apprehension, or rescuing him from lawful custody. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 263(b) | If charged with an offence punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 263(c) | If charged with offence punishable with death. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 263(d) | If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 263(e) | If under sentence of death. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 264(a) | Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: in case of intentional omission or sufferance. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 264(b) | In case of negligent omission or sufferance. | Simple imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 265 | Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 266 | Violation of condition of remission of punishment. | Punishment of original sentence, or if part of the punishment has been undergone, the residue. | Cognizable. | Non-bailable. | The Court by which the original offence was triable. |
| 267 | Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed in a Court, any Magistrate. |
| 268 | Personation of an assessor. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 269 | Failure by person released on bond or bail bond to appear in Court. | Imprisonment for 1 year, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 271 | Negligently doing any act known to be likely to spread infection of any disease dangerous to life. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 272 | Malignantly doing any act known to be likely to spread infection of any disease dangerous to life. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 273 | Knowingly disobeying any quarantine rule. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 274 | Adulterating food or drink intended for sale, so as to make the same noxious. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. | 275 | Selling any food or drink as food and drink, knowing the same to be noxious. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. | 276 | Adulterating any drug or medical preparation intended for sale so as to lessen its efficacy, or to make it noxious. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Non-cognizable. | Non-bailable. | Any Magistrate. | 277 | Sale of adulterated drugs. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. | 278 | Knowingly selling of drug as a different drug or preparation. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. | 279 | Fouling water of public spring or reservoir. | Imprisonment for 6 months, or fine of 5,000 rupees or both. | Cognizable. | Bailable. | Any Magistrate. | 280 | Making atmosphere noxious to health. | Fine of 1,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. | 281 | Rash driving or riding on a public way. | Imprisonment for 6 months, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | 282 | Rash navigation of vessel. | Imprisonment for 6 months, or fine of 10,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | 283 | Exhibition of a false light, mark or buoy. | Imprisonment for 7 years, and fine which shall not be less than 10,000 rupees. | Cognizable. | Bailable. | Magistrate of the first class. | 284 | Conveying person by water for hire in unsafe or overloaded vessel. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | 285 | Causing danger or obstruction in public way or line of navigation. | Fine of 5,000 rupees. | Cognizable. | Bailable. | Any Magistrate. | 286 | Negligent conduct with respect to poisonous substance. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | 287 | Negligent conduct with respect to fire or combustible matter. | Imprisonment for 6 months, or fine of 2,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | 288 | Negligent conduct with respect to explosive substance. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
Description: This part continues the classification of offences under the Bharatiya Nyaya Sanhita, starting from Section 289, detailing their punishment, arrest provisions, bail status, and trial jurisdiction. The table covers offences such as negligent conduct, public nuisance, theft, extortion, and more, as specified in the Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule.
| Section | Offence | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By what Court triable |
|---|---|---|---|---|---|
| 289 | Negligent conduct with respect to machinery. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 290 | Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 291 | Negligent conduct with respect to animal. | Imprisonment for 6 months, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 292 | Punishment for public nuisance in cases not otherwise provided for. | Fine of 1,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
| 293 | Continuance of nuisance after injunction to discontinue. | Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 294 | Sale, etc., of obscene books, etc. | Imprisonment for 2 years and fine of 2,000 rupees for first conviction, and for second or subsequent conviction, imprisonment for 5 years and fine of 5,000 rupees. | Cognizable. | Bailable. | Any Magistrate. |
| 295 | Sale, etc., of obscene objects to child. | Imprisonment for 3 years and fine of 2,000 rupees for first conviction, and for second or subsequent conviction, imprisonment for 7 years and fine of 5,000 rupees. | Cognizable. | Non-bailable. | Any Magistrate. |
| 296 | Obscene acts and songs to the annoyance of others. | Imprisonment for 3 months, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 297 | Keeping lottery office. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Keeping common gaming house. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Non-bailable. | Any Magistrate. | |
| 298 | Uttering words, etc., with deliberate intent to wound religious feelings. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 299 | Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 300 | Disturbing religious assembly. | Imprisonment for 1 year, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 301(1) | Trespassing on burial places, etc. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 301(2) | Trespassing on burial places with intention of wounding feelings or insulting religion or offering indignity to human corpse. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 302 | Committing affray. | Imprisonment for 1 month, or fine of 1,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 303(2) | Theft. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| Theft in a dwelling house, or means of transportation or place of worship, etc. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. | |
| Theft by clerk or servant of property in possession of master. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. | |
| Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 304 | Snatching. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| 305 | Theft of vehicle. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 306 | Extortion. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Putting or attempting to put in fear of injury, in order to commit extortion. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| Extortion by putting a person in fear of death or grievous hurt. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Extortion by threat of accusation of an offence punishable with death or imprisonment for life, or imprisonment for 10 years. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| If the offence threatened be an unnatural offence. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 307 | Robbery. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| If committed on the highway between sunset and sunrise. | Imprisonment for 14 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Attempt to commit robbery. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Voluntarily causing hurt in committing or attempting to commit robbery. | Imprisonment for life, or rigorous imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| 308(2) | Dacoity. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 308(3) | Preparation to commit dacoity. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 308(4) | Punishment for belonging to gang of dacoits. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 309(2) | Criminal misappropriation of property. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Dishonest misappropriation of property of deceased person at the time of his death. | Imprisonment for 3 years and fine. | Non-cognizable. | Bailable. | Any Magistrate. | |
| 310(2) | Criminal breach of trust. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Criminal breach of trust by carrier, wharfinger, etc. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Criminal breach of trust by a clerk or servant. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Criminal breach of trust by public servant, or by banker, merchant or agent, etc. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 311 | Receiving stolen property. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Habitually dealing in stolen property. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| Assisting in concealment or disposal of stolen property. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. | |
| 312 | Cheating. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| Cheating by personation. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 313(1) | Fraudulent removal or concealment of property to prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 313(2) | Fraudulent claim to property to prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 314 | Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 315 | Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 316 | Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 317 | Fraudulent execution of deed of transfer containing false statement of consideration. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 318 | Fraudulent removal or concealment of property. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 319(2) | Mischief. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| Mischief causing damage to the amount of 20,000 rupees and upwards but less than 1 lakh rupees. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. | |
| Mischief causing damage to the amount of 1 lakh rupees and upwards. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| 320 | Mischief by killing or maiming animal. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Mischief by killing or maiming cattle, etc. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| 321 | Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person. | Imprisonment for 1 year, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. | |
| 322 | Mischief by causing inundation or obstruction to public drainage attended with damage. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 323 | Mischief by fire or explosive substance with intent to cause damage to an amount of 5,000 rupees or upwards, or in case of agricultural produce, 2,000 rupees or upwards. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Mischief by fire or explosive substance with intent to destroy a house, etc. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| 324 | Mischief with preparation for causing death, or hurt, etc. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 325 | Criminal trespass. | Imprisonment for 3 months, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| House-trespass. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| House-trespass in order to the commission of an offence punishable with death. | Imprisonment for life, or rigorous imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| House-trespass in order to the commission of an offence punishable with imprisonment for life. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| House-trespass in order to the commission of an offence punishable with imprisonment. | Imprisonment for 2 years and fine. | Cognizable. | Bailable. | Any Magistrate. | |
| House-trespass after preparation made for causing hurt, assault, etc. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 326(1) | Lurking house-trespass or house-breaking. | Imprisonment for 2 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
| Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 326(2) | Lurking house-trespass or house-breaking by night. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Lurking house-trespass or house-breaking by night after preparation made for causing hurt, etc. | Imprisonment for 14 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| 327 | Hurt caused while committing lurking house-trespass or house-breaking. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Death or grievous hurt caused while committing lurking house-trespass or house-breaking. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| Lurking house-trespass or house-breaking by night, causing death or grievous hurt. | Imprisonment for life, or imprisonment for 14 years and fine. | Cognizable. | Non-bailable. | Court of Session. | |
| 328 | Jointly committing lurking house-trespass or house-breaking by night accompanied with murder. | Imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 329 | Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. | |
| 331(1) | Forgery. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 331(2) | Forgery of a record of a Court or of a public register, etc. | Imprisonment for 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| Forgery of valuable security, will, etc. | Imprisonment for life, or imprisonment for 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. | |
| Forgery for purpose of cheating. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 332 | Forgery for purpose of harming reputation. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 333 | Using as genuine a forged document or electronic record. | Punishment for forgery of such document. | According as offence is cognizable or non-cognizable. | According as offence is bailable or non-bailable. | Magistrate of the first class. |
| 334 | Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 331(2). | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 335 | Possessing a forged record or valuable security or will, etc., knowing it to be forged and intending to use it as genuine. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 336 | Counterfeiting a device or mark used for authenticating documents described in section 331(2), or possessing counterfeit marked material. | Imprisonment for 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| Counterfeiting a device or mark used for authenticating documents other than those described in section 331(2), or possessing counterfeit marked material. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. | |
| 337 | Fraudulent cancellation, destruction, etc., of a will, authority to adopt, or valuable security. | Imprisonment for life, or imprisonment for 7 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
| 338 | Falsification of accounts. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 339(1) | Counterfeiting coin, government stamps, currency-notes or bank-notes. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 339(2) | Using as genuine, forged or counterfeit coin, government stamp, currency-notes or bank-notes. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 339(3) | Possession of forged or counterfeit coin, government stamp, currency-notes or bank-notes. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 339(4) | Making or possessing machinery, instrument or material for forging or counterfeiting coin, government stamp, currency-notes or bank-notes. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 339(5) | Making or possessing machinery, instrument or material for forging or counterfeiting coin, government stamp, currency-notes or bank-notes knowing it to be likely to be used for such purpose. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 339(6) | Effacing any writing from any substance bearing any government stamp, or removing from any document a stamp used for it, with intent to cause loss to government. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 339(7) | Using any stamp known to have been used before. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 339(8) | Erasure of mark denoting that stamp has been used. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
| 340 | Import or export of counterfeit coin, government stamps, currency-notes or bank-notes. | Imprisonment for life, or imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 341 | Delivery of coin, possessed with knowledge that it is counterfeit. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 342 | Delivery of Indian coin, possessed with knowledge that it is counterfeit. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 343 | Possession of Indian coin by a person who knew it to be counterfeit when he became possessed thereof. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 344 | Person employed in mint causing coin to be of different weight or composition from that fixed by law. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 345 | Unlawfully taking coining instrument from mint. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 346 | Fraudulently or dishonestly diminishing weight or altering composition of coin. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 347 | Fraudulently or dishonestly diminishing weight or altering composition of Indian coin. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 348 | Altering appearance of coin with intent that it shall pass as coin of different description. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 349 | Altering appearance of Indian coin with intent that it shall pass as coin of different description. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 350 | Delivery of coin, possessed with knowledge that it is altered. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 351 | Delivery of Indian coin, possessed with knowledge that it is altered. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 352 | Possession of coin by a person who knew it to be altered when he became possessed thereof. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 353 | Possession of Indian coin by a person who knew it to be altered when he became possessed thereof. | Imprisonment for 5 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 354 | Criminal intimidation. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| If threat be to cause death or grievous hurt, etc. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| Criminal intimidation by anonymous communication or having taken precaution to conceal whence the threat comes. | Imprisonment for 2 years, in addition to the punishment under above section. | Cognizable. | Non-bailable. | Magistrate of the first class. | |
| 355 | Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure. | Imprisonment for 1 year, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 356 | Attempt to commit offences punishable with imprisonment for life or other imprisonment. | Imprisonment not exceeding one-half of the longest term of imprisonment provided for that offence, or fine, or both. | According as the offence is cognizable or non-cognizable. | According as the offence is bailable or non-bailable. | Court by which the offence is triable. |
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