Bharatiya Nagarik Suraksha Sanhita, 2023 PDF

AS PASSED BY LOK SABHA ON 20.12.2023 Bill No. 174-C of 2023 THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 ———...

AS PASSED BY LOK SABHA ON 20.12.2023 Bill No. 174-C of 2023 THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 —————— ARRANGEMENT OF CLAUSES —————— CHAPTER I PRELIMINARY CLAUSES 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. 5. Saving. CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. 7. Territorial divisions. 8. Court of Session. 9. Courts of Judicial Magistrates. 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 11. Special Judicial Magistrates. 12. Local Jurisdiction of Judicial Magistrates. 13. Subordination of Judicial Magistrates. 14. Executive Magistrates. 15. Special Executive Magistrates. 16. Local Jurisdiction of Executive Magistrates. 17. Subordination of Executive Magistrates. 18. Public Prosecutors. 19. Assistant Public Prosecutors. 20. Directorate of Prosecution. CHAPTER III POWER OF COURTS 21. Courts by which offences are triable. 22. Sentences which High Courts and Sessions Judges may pass. 23. Sentences which Magistrates may pass. 24. Sentence of imprisonment in default of fine.  (ii) CLAUSES 25. Sentence in cases of conviction of several offences at one trial. 26. Mode of conferring powers. 27. Powers of officers appointed. 28. Withdrawal of powers. 29. Powers of Judges and Magistrates exercisable by their successors-in-office. CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE 30. Powers of superior officers of police. 31. Public when to assist Magistrates and police. 32. Aid to person, other than police officer, executing warrant. 33. Public to give information of certain offences. 34. Duty of officers employed in connection with affairs of a village to make certain report. CHAPTER V ARREST OF PERSONS 35. When police may arrest without warrant. 36. Procedure of arrest and duties of officer making arrest. 37. Designated police officer. 38. Right of arrested person to meet an advocate of his choice during interrogation. 39. Arrest on refusal to give name and residence. 40. Arrest by private person and procedure on such arrest. 41. Arrest by Magistrate. 42. Protection of members of Armed Forces from arrest. 43. Arrest how made. 44. Search of place entered by person sought to be arrested. 45. Pursuit of offenders into other jurisdictions. 46. No unnecessary restraint. 47. Person arrested to be informed of grounds of arrest and of right to bail. 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. 49. Search of arrested person. 50. Power to seize offensive weapons. 51. Examination of accused by medical practitioner at request of police officer. 52. Examination of person accused of rape by medical practitioner. 53. Examination of arrested person by medical officer. 54. Identification of person arrested. 55. Procedure when police officer deputes subordinate to arrest without warrant. 56. Health and safety of arrested person.  (iii) CLAUSES 57. Person arrested to be taken before Magistrate or officer in charge of police station. 58. Person arrested not to be detained more than twenty-four hours. 59. Police to report apprehensions. 60. Discharge of person apprehended. 61. Power, on escape, to pursue and retake. 62. Arrest to be made strictly according to Sanhita. CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.—Summons 63. Form of summons. 64. Summons how served. 65. Service of summons on corporate bodies, firms and societies. 66. Service when persons summoned cannot be found. 67. Procedure when service cannot be effected as before provided. 68. Service on Government servant. 69. Service of summons outside local limits. 70. Proof of service in such cases and when serving officer not present. 71. Service of summons on witness. B.—Warrant of arrest 72. Form of warrant of arrest and duration. 73. Power to direct security to be taken. 74. Warrants to whom directed. 75. Warrant may be directed to any person. 76. Warrant directed to police officer. 77. Notification of substance of warrant. 78. Person arrested to be brought before Court without delay. 79. Where warrant may be executed. 80. Warrant forwarded for execution outside jurisdiction. 81. Warrant directed to police officer for execution outside jurisdiction. 82. Procedure on arrest of person against whom warrant issued. 83. Procedure by Magistrate before whom such person arrested is brought. C.—Proclamation and attachment 84. Proclamation for person absconding. 85. Attachment of property of person absconding. 86. Identification and attachment of property of proclaimed person. 87. Claims and objections to attachment. 88. Release, sale and restoration of attached property. 89. Appeal from order rejecting application for restoration of attached property.  (iv) D.—Other rules regarding processes CLAUSES 90. Issue of warrant in lieu of, or in addition to, summons. 91. Power to take bond or bail bond for appearance. 92. Arrest on breach of bond or bail bond for appearance. 93. Provisions of this Chapter generally applicable to summons and warrants of arrest. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.—Summons to produce 94. Summons to produce document or other thing. 95. Procedure as to letters. B.—Search-warrants 96. When search-warrant may be issued. 97. Search of place suspected to contain stolen property, forged documents, etc. 98. Power to declare certain publications forfeited and to issue search-warrants for same. 99. Application to High Court to set aside declaration of forfeiture. 100. Search for persons wrongfully confined. 101. Power to compel restoration of abducted females. C.—General provisions relating to searches 102. Direction, etc., of search-warrants. 103. Persons in charge of closed place to allow search. 104. Disposal of things found in search beyond jurisdiction. D.—Miscellaneous 105. Recording of search and seizure through audio-video electronic means. 106. Power of police officer to seize certain property. 107. Attachment, forfeiture or restoration of property. 108. Magistrate may direct search in his presence. 109. Power to impound document, etc., produced. 110. Reciprocal arrangements regarding processes. CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY 111. Definitions. 112. Letter of request to competent authority for investigation in a country or place outside India. 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India. 114. Assistance in securing transfer of persons. 115. Assistance in relation to orders of attachment or forfeiture of property. 116. Identifying unlawfully acquired property. 117. Seizure or attachment of property.  (v) CLAUSES 118. Management of properties seized or forfeited under this Chapter. 119. Notice of forfeiture of property. 120. Forfeiture of property in certain cases. 121. Fine in lieu of forfeiture. 122. Certain transfers to be null and void. 123. Procedure in respect of letter of request. 124. Application of this Chapter. CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 125. Security for keeping peace on conviction. 126. Security for keeping peace in other cases. 127. Security for good behaviour from persons disseminating certain matters. 128. Security for good behaviour from suspected persons. 129. Security for good behaviour from habitual offenders. 130. Order to be made. 131. Procedure in respect of person present in Court. 132. Summons or warrant in case of person not so present. 133. Copy of order to accompany summons or warrant. 134. Power to dispense with personal attendance. 135. Inquiry as to truth of information. 136. Order to give security. 137. Discharge of person informed against. 138. Commencement of period for which security is required. 139. Contents of bond. 140. Power to reject sureties. 141. Imprisonment in default of security. 142. Power to release persons imprisoned for failing to give security. 143. Security for unexpired period of bond. CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 144. Order for maintenance of wives, children and parents. 145. Procedure. 146. Alteration in allowance. 147. Enforcement of order of maintenance. CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.—Unlawful assemblies 148. Dispersal of assembly by use of civil force. 149. Use of armed forces to disperse assembly.  (vi) CLAUSES 150. Power of certain armed force officers to disperse assembly. 151. Protection against prosecution for acts done under sections 148, 149 and 150. B.—Public nuisances 152. Conditional order for removal of nuisance. 153. Service or notification of order. 154. Person to whom order is addressed to obey or show cause. 155. Penalty for failure to comply with section 154. 156. Procedure where existence of public right is denied. 157. Procedure where person against whom order is made under section 152 appears to show cause. 158. Power of Magistrate to direct local investigation and examination of an expert. 159. Power of Magistrate to furnish written instructions, etc. 160. Procedure on order being made absolute and consequences of disobedience. 161. Injunction pending inquiry. 162. Magistrate may prohibit repetition or continuance of public nuisance. C.—Urgent cases of nuisance or apprehended danger 163. Power to issue order in urgent cases of nuisance or apprehended danger. D.—Disputes as to immovable property 164. Procedure where dispute concerning land or water is likely to cause breach of peace. 165. Power to attach subject of dispute and to appoint receiver. 166. Dispute concerning right of use of land or water. 167. Local inquiry. CHAPTER XII PREVENTIVE ACTION OF THE POLICE 168. Police to prevent cognizable offences. 169. Information of design to commit cognizable offences. 170. Arrest to prevent commission of cognizable offences. 171. Prevention of injury to public property. 172. Persons bound to conform to lawful directions of police. CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 173. Information in cognizable cases. 174. Information as to non-cognizable cases and investigation of such cases. 175. Police officer's power to investigate cognizable case. 176. Procedure for investigation. 177. Report how submitted. 178. Power to hold investigation or preliminary inquiry. 179. Police officer's power to require attendance of witnesses. 180. Examination of witnesses by police. 181. Statements to police and use thereof. 182. No inducement to be offered.  (vii) CLAUSES 183. Recording of confessions and statements. 184. Medical examination of victim of rape. 185. Search by police officer. 186. When officer in charge of police station may require another to issue search-warrant. 187. Procedure when investigation cannot be completed in twenty-four hours. 188. Report of investigation by subordinate police officer. 189. Release of accused when evidence deficient. 190. Cases to be sent to Magistrate, when evidence is sufficient. 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. 192. Diary of proceedings in investigation. 193. Report of police officer on completion of investigation. 194. Police to enquire and report on suicide, etc. 195. Power to summon persons. 196. Inquiry by Magistrate into cause of death. CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 197. Ordinary place of inquiry and trial. 198. Place of inquiry or trial. 199. Offence triable where act is done or consequence ensues. 200. Place of trial where act is an offence by reason of relation to other offence. 201. Place of trial in case of certain offences. 202. Offences committed by means of electronic communications, letters, etc. 203. Offence committed on journey or voyage. 204. Place of trial for offences triable together. 205. Power to order cases to be tried in different sessions divisions. 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 207. Power to issue summons or warrant for offence committed beyond local jurisdiction. 208. Offence committed outside India. 209. Receipt of evidence relating to offences committed outside India. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 210. Cognizance of offences by Magistrate. 211. Transfer on application of accused. 212. Making over of cases to Magistrates. 213. Cognizance of offences by Court of Session. 214. Additional Sessions Judges to try cases made over to them. 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 216. Procedure for witnesses in case of threatening, etc.  (viii) CLAUSES 217. Prosecution for offences against State and for criminal conspiracy to commit such offence. 218. Prosecution of Judges and public servants. 219. Prosecution for offences against marriage. 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023. 221. Cognizance of offence. 222. Prosecution for defamation. CHAPTER XVI COMPLAINTS TO MAGISTRATES 223. Examination of complainant. 224. Procedure by Magistrate not competent to take cognizance of case. 225. Postponement of issue of process. 226. Dismissal of complaint. CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 227. Issue of process. 228. Magistrate may dispense with personal attendance of accused. 229. Special summons in cases of petty offence. 230. Supply to accused of copy of police report and other documents. 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 232. Commitment of case to Court of Session when offence is triable exclusively by it. 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. CHAPTER XVIII THE CHARGE A.—Form of charges 234. Contents of charge. 235. Particulars as to time, place and person. 236. When manner of committing offence must be stated. 237. Words in charge taken in sense of law under which offence is punishable. 238. Effect of errors. 239. Court may alter charge. 240. Recall of witnesses when charge altered. B.—Joinder of charges 241. Separate charges for distinct offences. 242. Offences of same kind within year may be charged together. 243. Trial for more than one offence. 244. Where it is doubtful what offence has been committed.  (ix) CLAUSES 245. When offence proved included in offence charged. 246. What persons may be charged jointly. 247. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER XIX TRIAL BEFORE A COURT OF SESSION 248. Trial to be conducted by Public Prosecutor. 249. Opening case for prosecution. 250. Discharge. 251. Framing of charge. 252. Conviction on plea of guilty. 253. Date for prosecution evidence. 254. Evidence for prosecution. 255. Acquittal. 256. Entering upon defence. 257. Arguments. 258. Judgment of acquittal or conviction. 259. Previous conviction. 260. Procedure in cases instituted under sub-section (2) of section 222. CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES A.—Cases instituted on a police report 261. Compliance with section 230. 262. When accused shall be discharged. 263. Framing of charge. 264. Conviction on plea of guilty. 265. Evidence for prosecution. 266. Evidence for defence. B.—Cases instituted otherwise than on police report 267. Evidence for prosecution. 268. When accused shall be discharged. 269. Procedure where accused is not discharged. 270. Evidence for defence. C.—Conclusion of trial 271. Acquittal or conviction. 272. Absence of complainant. 273. Compensation for accusation without reasonable cause.  (x) CLAUSES CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES CLAUSES 274. Substance of accusation to be stated. 275. Conviction on plea of guilty. 276. Conviction on plea of guilty in absence of accused in petty cases. 277. Procedure when not convicted. 278. Acquittal or conviction. 279. Non-appearance or death of complainant. 280. Withdrawal of complaint. 281. Power to stop proceedings in certain cases. 282. Power of Court to convert summons-cases into warrant-cases. CHAPTER XXII SUMMARY TRIALS 283. Power to try summarily. 284. Summary trial by Magistrate of second class. 285. Procedure for summary trials. 286. Record in summary trials. 287. Judgment in cases tried summarily. 288. Language of record and judgment. CHAPTER XXIII PLEA BARGAINING 289. Application of Chapter. 290. Application for plea bargaining. 291. Guidelines for mutually satisfactory disposition. 292. Report of mutually satisfactory disposition to be submitted before Court. 293. Disposal of case. 294. Judgment of Court. 295. Finality of judgment. 296. Power of Court in plea bargaining. 297. Period of detention undergone by accused to be set off against sentence of imprisonment. 298. Savings. 299. Statements of accused not to be used. 300. Non-application of Chapter. CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 301. Definitions. 302. Power to require attendance of prisoners. 303. Power of State Government or Central Government to exclude certain persons from operation of section 302. 304. Officer in charge of prison to abstain from carrying out order in certain contingencies.  (xi) CLAUSES 305. Prisoner to be brought to Court in custody. 306. Power to issue commission for examination of witness in prison. CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS A.—Mode of taking and recording evidence 307. Language of Courts. 308. Evidence to be taken in presence of accused. 309. Record in summons-cases and inquiries. 310. Record in warrant-cases. 311. Record in trial before Court of Session. 312. Language of record of evidence. 313. Procedure in regard to such evidence when completed. 314. Interpretation of evidence to accused or his advocate. 315. Remarks respecting demeanour of witness. 316. Record of examination of accused. 317. Interpreter to be bound to interpret truthfully. 318. Record in High Court. B.—Commissions for the examination of witnesses 319. When attendance of witness may be dispensed with and commission issued. 320. Commission to whom to be issued. 321. Execution of commissions. 322. Parties may examine witnesses. 323. Return of commission. 324. Adjournment of proceeding. 325. Execution of foreign commissions. 326. Deposition of medical witness. 327. Identification report of Magistrate. 328. Evidence of officers of Mint. 329. Reports of certain Government scientific experts. 330. No formal proof of certain documents. 331. Affidavit in proof of conduct of public servants. 332. Evidence of formal character on affidavit. 333. Authorities before whom affidavits may be sworn. 334. Previous conviction or acquittal how proved. 335. Record of evidence in absence of accused. 336. Evidence of public servants, experts, police officers in certain cases. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. Person once convicted or acquitted not to be tried for same offence. 338. Appearance by Public Prosecutors.  (xii) CLAUSES 339. Permission to conduct prosecution. 340. Right of person against whom proceedings are instituted to be defended. 341. Legal aid to accused at State expense in certain cases. 342. Procedure when corporation or registered society is an accused. 343. Tender of pardon to accomplice. 344. Power to direct tender of pardon. 345. Trial of person not complying with conditions of pardon. 346. Power to postpone or adjourn proceedings. 347. Local inspection. 348. Power to summon material witness, or examine person present. 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc. 350. Expenses of complainants and witnesses. 351. Power to examine accused. 352. Oral arguments and memorandum of arguments. 353. Accused person to be competent witness. 354. No influence to be used to induce disclosure. 355. Provision for inquiries and trial being held in absence of accused in certain cases. 356. Inquiry, trial or judgment in absentia of proclaimed offender. 357. Procedure where accused does not understand proceedings. 358. Power to proceed against other persons appearing to be guilty of offence. 359. Compounding of offences. 360. Withdrawal from prosecution. 361. Procedure in cases which Magistrate cannot dispose of. 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. 363. Trial of persons previously convicted of offences against coinage, stamp-law or property. 364. Procedure when Magistrate cannot pass sentence sufficiently severe. 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. 366. Court to be open. CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 367. Procedure in case of accused being person of unsound mind. 368. Procedure in case of person of unsound mind tried before Court. 369. Release of person of unsound mind pending investigation or trial. 370. Resumption of inquiry or trial. 371. Procedure on accused appearing before Magistrate or Court. 372. When accused appears to have been of sound mind. 373. Judgment of acquittal on ground of unsoundness of mind.  (xiii) CLAUSES 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. 375. Power of State Government to empower officer in charge to discharge. 376. Procedure where prisoner of unsound mind is reported capable of making his defence. 377. Procedure where person of unsound mind detained is declared fit to be released. 378. Delivery of person of unsound mind to care of relative or friend. CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 379. Procedure in cases mentioned in section 215. 380. Appeal. 381. Power to order costs. 382. Procedure of Magistrate taking cognizance. 383. Summary procedure for trial for giving false evidence. 384. Procedure in certain cases of contempt. 385. Procedure where Court considers that case should not be dealt with under section 384. 386. When Registrar or Sub-Registrar to be deemed a Civil Court. 387. Discharge of offender on submission of apology. 388. Imprisonment or committal of person refusing to answer or produce document. 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. 390. Appeals from convictions under sections 383, 384, 388 and 389. 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. CHAPTER XXIX THE JUDGMENT 392. Judgment. 393. Language and contents of judgment. 394. Order for notifying address of previously convicted offender. 395. Order to pay compensation. 396. Victim compensation scheme. 397. Treatment of victims. 398. Witness protection scheme. 399. Compensation to persons groundlessly arrested. 400. Order to pay costs in non-cognizable cases. 401. Order to release on probation of good conduct or after admonition. 402. Special reasons to be recorded in certain cases. 403. Court not to alter judgment. 404. Copy of judgment to be given to accused and other persons. 405. Judgment when to be translated. 406. Court of Session to send copy of finding and sentence to District Magistrate.  (xiv) CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION CLAUSES 407. Sentence of death to be submitted by Court of Session for confirmation. 408. Power to direct further inquiry to be made or additional evidence to be taken. 409. Power of High Court to confirm sentence or annul conviction. 410. Confirmation or new sentence to be signed by two Judges. 411. Procedure in case of difference of opinion. 412. Procedure in cases submitted to High Court for confirmation. CHAPTER XXXI APPEALS 413. No appeal to lie unless otherwise provided. 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. 415. Appeals from convictions. 416. No appeal in certain cases when accused pleads guilty. 417. No appeal in petty cases. 418. Appeal by State Government against sentence. 419. Appeal in case of acquittal. 420. Appeal against conviction by High Court in certain cases. 421. Special right of appeal in certain cases. 422. Appeal to Court of Session how heard. 423. Petition of appeal. 424. Procedure when appellant in jail. 425. Summary dismissal of appeal. 426. Procedure for hearing appeals not dismissed summarily. 427. Powers of Appellate Court. 428. Judgments of subordinate Appellate Court. 429. Order of High Court on appeal to be certified to lower Court. 430. Suspension of sentence pending appeal; release of appellant on bail. 431. Arrest of accused in appeal from acquittal. 432. Appellate Court may take further evidence or direct it to be taken. 433. Procedure where Judges of Court of appeal are equally divided. 434. Finality of judgments and orders on appeal. 435. Abatement of appeals. CHAPTER XXXII REFERENCE AND REVISION 436. Reference to High Court. 437. Disposal of case according to decision of High Court. 438. Calling for records to exercise powers of revision.  (xv) CLAUSES 439. Power to order inquiry. 440. Sessions Judge's powers of revision. 441. Power of Additional Sessions Judge. 442. High Court's powers of revision. 443. Power of High Court to withdraw or transfer revision cases. 444. Option of Court to hear parties. 445. High Court's order to be certified to lower Court. CHAPTER XXXIII TRANSFER OF CRIMINAL CASES 446. Power of Supreme Court to transfer cases and appeals. 447. Power of High Court to transfer cases and appeals. 448. Power of Sessions Judge to transfer cases and appeals. 449. Withdrawal of cases and appeals by Sessions Judges. 450. Withdrawal of cases by Judicial Magistrates. 451. Making over or withdrawal of cases by Executive Magistrates. 452. Reasons to be recorded. CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.—Death sentences 453. Execution of order passed under section 409. 454. Execution of sentence of death passed by High Court. 455. Postponement of execution of sentence of death in case of appeal to Supreme Court. 456. Commutation of sentence of death on pregnant woman. B.—Imprisonment 457. Power to appoint place of imprisonment. 458. Execution of sentence of imprisonment. 459. Direction of warrant for execution. 460. Warrant with whom to be lodged. C.—Levy of fine 461. Warrant for levy of fine. 462. Effect of such warrant. 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. 464. Suspension of execution of sentence of imprisonment. D.—General provisions regarding execution 465. Who may issue warrant. 466. Sentence on escaped convict when to take effect. 467. Sentence on offender already sentenced for another offence.  (xvi) CLAUSES 468. Period of detention undergone by accused to be set off against sentence of imprisonment. 469. Saving. 470. Return of warrant on execution of sentence. 471. Money ordered to be paid recoverable as a fine. E.—Suspension, remission and commutation of sentences. 472. Mercy petition in death sentence cases. 473. Power to suspend or remit sentences. 474. Power to commute sentence. 475. Restriction on powers of remission or commutation in certain cases. 476. Concurrent power of Central Government in case of death sentences. 477. State Government to act after concurrence with Central Government in certain cases. CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS 478. In what cases bail to be taken. 479. Maximum period for which undertrial prisoner can be detained. 480. When bail may be taken in case of non-bailable offence. 481. Bail to require accused to appear before next Appellate Court. 482. Direction for grant of bail to person apprehending arrest. 483. Special powers of High Court or Court of Session regarding bail. 484. Amount of bond and reduction thereof. 485. Bond of accused and sureties. 486. Declaration by sureties. 487. Discharge from custody. 488. Power to order sufficient bail when that first taken is insufficient. 489. Discharge of sureties. 490. Deposit instead of recognizance. 491. Procedure when bond has been forfeited. 492. Cancellation of bond and bail bond. 493. Procedure in case of insolvency of death of surety or when a bond is forfeited. 494. Bond required from child. 495. Appeal from orders under section 491. 496. Power to direct levy of amount due on certain recognizances. CHAPTER XXXVI DISPOSAL OF PROPERTY 497. Order for custody and disposal of property pending trial in certain cases. 498. Order for disposal of property at conclusion of trial. 499. Payment to innocent purchaser of money found on accused. 500. Appeal against orders under section 498 or section 499. 501. Destruction of libellous and other matter.  (xvii) CLAUSES 502. Power to restore possession of immovable property. 503. Procedure by police upon seizure of property. 504. Procedure where no claimant appears within six months. 505. Power to sell perishable property. CHAPTER XXXVII IRREGULAR PROCEEDINGS 506. Irregularities which do not vitiate proceedings. 507. Irregularities which vitiate proceedings. 508. Proceedings in wrong place. 509. Non-compliance with provisions of section 183 or section 316. 510. Effect of omission to frame, or absence of, or error in, charge. 511. Finding or sentence when reversible by reason of error, omission or irregularity. 512. Defect or error not to make attachment unlawful. CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 513. Definitions. 514. Bar to taking cognizance after lapse of period of limitation. 515. Commencement of period of limitation. 516. Exclusion of time in certain cases. 517. Exclusion of date on which Court is closed. 518. Continuing offence. 519. Extension of period of limitation in certain cases. CHAPTER XXXIX MISCELLANEOUS 520. Trials before High Courts. 521. Delivery to commanding officers of persons liable to be tried by Court-martial. 522. Forms. 523. Power of High Court to make rules. 524. Power to alter functions allocated to Executive Magistrate in certain cases. 525. Cases in which Judge or Magistrate is personally interested. 526. Practising advocate not to sit as Magistrate in certain Courts. 527. Public servant concerned in sale not to purchase or bid for property. 528. Saving of inherent powers of High Court. 529. Duty of High Court to exercise continuous superintendence over Courts. 530. Trial and proceedings to be held in electronic mode. 531. Repeal and savings. THE FIRST SCHEDULE THE SECOND SCHEDULE BLANK  AS PASSED BY LOK SABHA ON 20.12.2023 Bill No. 174-C of 2023 THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 A BILL to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 5 1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023. Short title, extent and (2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and commencement. XII thereof, shall not apply— (a) to the State of Nagaland; (b) to the tribal areas, 10 but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.  2 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. (3) It shall come into force on such date as the Central Government may, by notification 5 in the Official Gazette, appoint. Definitions. 2. (1) In this Sanhita, unless the context otherwise requires,— (a) "audio-video electronic means" shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other 10 purposes and by such other means as the State Government may, by rules provide; (b) "bail" means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond; (c) "bailable offence" means an offence which is shown as bailable in the First 15 Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; (d) "bail bond" means an undertaking for release with surety; (e) "bond" means a personal bond or an undertaking for release without surety; (f) "charge" includes any head of charge when the charge contains more heads 20 than one; (g) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (h) "complaint" means any allegation made orally or in writing to a Magistrate, 25 with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be 30 the complainant; (i) "electronic communication" means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile 35 phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government; (j) "High Court" means,— (i) in relation to any State, the High Court for that State; 40 (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (k) "inquiry" means every inquiry, other than a trial, conducted under this 45 Sanhita by a Magistrate or Court; (l) "investigation" includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation.—Where any of the provisions of a special Act are inconsistent 50 with the provisions of this Sanhita, the provisions of the special Act shall prevail;  3 (m) "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on oath; (n) "local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under 5 this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify; (o) "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant; 10 (p) "notification" means a notification published in the Official Gazette; (q) "offence" means any act or omission made punishable by any law for the 1 of 1871. time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871; (r) "officer in charge of a police station" includes, when the officer in charge of 15 the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (s) "place" includes a house, building, tent, vehicle and vessel; 20 (t) "police report" means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193; (u) "police station" means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf; 25 (v) "Public Prosecutor" means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor; (w) "sub-division" means a sub-division of a district; (x) "summons-case" means a case relating to an offence, and not being a warrant-case; 30 (y) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim; 2 of 2000. (z) "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. 35 (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. 3. (1) Unless the context otherwise requires, any reference in any law, to a Magistrate Construction of references. without any qualifying words, Magistrate of the first class or a Magistrate of the second 40 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.  4 (2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,— (a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending 5 him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be 10 exercisable by an Executive Magistrate. Trial of 4. (1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, offences under inquired into, tried, and otherwise dealt with according to the provisions hereinafter Bharatiya Nyaya Sanhita, contained. 2023 and other (2) All offences under any other law shall be investigated, inquired into, tried, and 15 laws. 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. Saving. 5. 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 20 jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES Classes of 6. Besides the High Courts and the Courts constituted under any law, other than this 25 Criminal Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— Courts. (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. 30 Territorial 7. (1) Every State shall be a sessions division or shall consist of sessions divisions; divisions. and every sessions divisions 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. 35 (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. Court of 8. (1) The State Government shall establish a Court of Session for every sessions 40 Session. 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 to exercise jurisdiction in a Court of Session. 45  5 (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 (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 Sessions Judge or if there be no Additional 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. 10 (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 15 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 20 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, where under any law, such 25 appointment, posting or promotion is required to be made by the Government. 9. (1) In every district there shall be established as many Courts of Judicial Magistrates Courts of of the first class and of the second class, and at such places, as the State Government may, Judicial Magistrates. after consultation with the High Court, by notification, specify: Provided that the State Government may, after consultation with the High Court, 30 establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. 35 (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. 10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first Chief Judicial 40 class to be the Chief Judicial Magistrate. Magistrate and Additional (2) The High Court may appoint any Judicial Magistrate of the first class to be an Chief Judicial Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the Magistrate, etc. 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. 45 (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 50 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.  6 Special Judicial 11. (1) The High Court may, if requested by the Central or State Government so to do, Magistrates. 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: 5 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 10 order, direct. Local 12. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, Jurisdiction of from time to time, define the local limits of the areas within which the Magistrates appointed Judicial Magistrates. 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: 15 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 20 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. 25 Subordination 13. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; of Judicial and every other Judicial Magistrate shall, subject to the general control of the Sessions Magistrates. 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 30 Magistrates subordinate to him. Executive 14. (1) In every district, the State Government may appoint as many persons as it Magistrates. thinks 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 35 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 40 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. 45 (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.  7 (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. 15. The State Government may appoint, for such term as it may think fit, Executive Special 5 Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, Executive Magistrates. 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. 10 16. (1) Subject to the control of the State Government, the District Magistrate may, Local from time to time, define the local limits of the areas within which the Executive Magistrates Jurisdiction of Executive may exercise all or any of the powers with which they may be invested under this Sanhita. Magistrates. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 15 17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and Subordination every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in of Executive Magistrates. 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, 20 consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him. 18. (1) For every High Court, the Central Government or the State Government shall, Public after consultation with the High Court, appoint a Public Prosecutor and may also appoint Prosecutors. one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, 25 appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be: Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the purposes of this sub-section. 30 (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area. (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: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for 35 one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another 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. 40 (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 in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public 45 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, that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of 50 names prepared by the District Magistrate under sub-section (4).  8 Explanation.—For the purposes of this sub-section,— (a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post; 5 (b) "Prosecuting Officer" means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor under this Sanhita. (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), 10 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: Provided that the Court may permit the victim to engage an advocate of his choice to 15 assist the prosecution under this sub-section. (9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as an advocate, 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 20 called, shall be deemed to be the period during which such person has been in practice as an advocate. Assistant 19. (1) The State Government shall appoint in every district one or more Assistant Public Public Prosecutors for conducting prosecutions in the Courts of Magistrates. Prosecutors. (2) The Central Government may appoint one or more Assistant Public Prosecutors 25 for the purpose of conducting any case or class of cases in the Courts of Magistrates. (3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government: 30 Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he— (a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) is below the rank of Inspector. 35 Directorate of 20. (1) The State Government may establish,— Prosecution. (a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and (b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit. 40 (2) A person shall be eligible to be appointed,— (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge; (b) as an Assistant Director of Prosecution, if he has been in practice as an 45 advocate for not less than seven years or has been a Magistrate of the first class.  9 (3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State. (4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution 5 shall be subordinate to the Deputy Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor 10 appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution. (7) The powers and functions of the Director of Prosecution shall be to monitor cases 15 in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals. (8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal. 20 (9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years. (10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita. 25 (11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (12) The provisions of this section shall not apply to the Advocate General for the 30 State while performing the functions of a Public Prosecutor. CHAPTER III POWER OF COURTS 21. Subject to the other provisions of this Sanhita,— Courts by which (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by— offences are 35 (i) the High Court; or triable. (ii) the Court of Session; or (iii) any other Court by which such offence is shown in the First Schedule to be triable: Provided that any offence under section 64, section 65, section 66, section 67, 40 section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman; (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by— 45 (i) the High Court; or (ii) any other Court by which such offence is shown in the First Schedule to be triable.  10 Sentences 22. (1) A High Court may pass any sentence authorised by law. which High Courts and (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised Sessions Judges by law; but any sentence of death passed by any such Judge shall be subject to confirmation may pass. by the High Court. Sentences 23. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by 5 which law except a sentence of death or of imprisonment for life or of imprisonment for a term Magistrates may pass. 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. 10 (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. 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 15 not be entitled to any remuneration. Sentence of 24. (1) The Court of a Magistrate may award such term of imprisonment in default of imprisonment payment of fine as is authorised by law: in default of fine. Provided that the term— (a) is not in excess of the powers of the Magistrate under section 23; 20 (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive 25 sentence of imprisonment for the maximum term awardable by the Magistrate under section 23. Sentence in 25. (1) When a person is convicted at one trial of two or more offences, the Court may, cases of subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him conviction of several for such offences, to the several punishments prescribed therefor which such Court is offences at competent to inflict and the Court shall, considering the gravity of offences, order such 30 one trial. 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 on conviction of a single offence, to send the offender for trial before a higher Court: 35 Provided that— (a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years; (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. 40 (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence. Mode of 26. (1) In conferring powers under this Sanhita, the High Court or the State Government, conferring as the case may be, may, by order, empower persons specially by name or in virtue of their powers. offices or classes of officials generally be their official titles. 45 (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. Powers of 27. Whenever any person holding an office in the service of Government who has officers been invested by the High Court or the State Government with any powers under this appointed. Sanhita throughout any local area is appointed to an equal or higher office of the same 50  11 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. 28. (1) The High Court or the State Government, as the case may be, may withdraw all Withdrawal of 5 or any of the powers conferred by it under this Sanhita on any person or by any officer powers. 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. 29. (1) Subject to the other provisions of this Sanhita, the powers and duties of a Powers of 10 Judge or Magistrate may be exercised or performed by his successor-in-office. Judges and Magistrates (2) When there is any doubt as to who is the successor-in-office, the Sessions Judge exercisable by their shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or successors-in- of any proceedings or order thereunder, be deemed to be the successor-in-office. office. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, 15 the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate. CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE 20 30. Police officers superior in rank to an officer in charge of a police station may Powers of exercise the same powers, throughout the local area to which they are appointed, as may be superior officers of exercised by such officer within the limits of his station. police. 31. Every person is bound to assist a Magistrate or police officer reasonably demanding Public when to his aid— assist Magistrates 25 (a) in the taking or preventing the escape of any other person whom such and police. Magistrate or police officer is authorised to arrest; or (b) in the prevention or suppression of a breach of the peace; or (c) in the prevention of any injury attempted to be committed to any public property. 30 32. When a warrant is directed to a person other than a police officer, any other Aid to person, person may aid in the execution of such warrant, if the person to whom the warrant is other than police officer, directed be near at hand and acting in the execution of the warrant. executing warrant. 33. (1) Every person, aware of the commission of, or of the intention of any other Public to give person to commit, any offence punishable under any of the following sections of the information of certain 35 Bharatiya Nyaya Sanhita, 2023, namely:— offences. (i) sections 103 to 105 (both inclusive); (ii) sections 111 to 113 (both inclusive); (iii) sections 140 to 144 (both inclusive); (iv) sections 147 to 154 (both inclusive) and section 158; 40 (v) sections 178 to 182 (both inclusive); (vi) sections 189 and 191; (vii) sections 274 to 280 (both inclusive); (viii) section 307;  12 (ix) sections 309 to 312 (both inclusive); (x) sub-section (5) of section 316; (xi) sections 326 to 328 (both inclusive); and (xii) sections 331 and 332, shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie 5 upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term "offence" includes any act committed at any place out of India which would constitute an offence if committed in India. Duty of 34. (1) Every officer employed in connection with the affairs of a village and every 10 officers person residing in a village shall forthwith communicate to the nearest Magistrate or to the employed in officer in charge of the nearest police station, whichever is nearer, any information which he connection with affairs of may possess respecting— a village to make certain (a) the permanent or temporary residence of any notorious receiver or vendor report. of stolen property in or near such village; 15 (b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender; (c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of 20 the Bharatiya Nyaya Sanhita, 2023; (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person 25 in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person; (e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 30 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332; (f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, 35 has directed him to communicate information. (2) In this section,— (i) "village" includes village lands; (ii) the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does 40 not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023; (iii) the words "officer employed in connection with the affairs of the village" 45 means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.  13 CHAPTER V ARREST OF PERSONS 35. (1) Any police officer may without an order from a Magistrate and without a When police warrant, arrest any person— may arrest without 5 (a) who commits, in the presence of a police officer, a cognizable offence; or warrant. (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following 10 conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or 15 (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to 20 dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: 25 Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to 30 more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or 35 (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or 40 (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India 45 which, if committed in India, would have been punishable as an offence, and for  14 which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received 5 from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a non-cognizable 10 offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable 15 complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. 20 (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have 25 been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age. 30 Procedure of 36. Every police officer while making an arrest shall— arrest and duties of (a) bear an accurate, visible and clear identification of his name which will officer making facilitate easy identification; arrest. (b) prepare a memorandum of arrest which shall be— (i) attested by at least one witness, who is a member of the family of the 35 person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person 40 named by him to be informed of his arrest. Designated 37. The State Government shall— police officer. (a) establish a police control room in every district and at State level; (b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for 45 maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters.  15 38. When any person is arrested and interrogated by the police, he shall be entitled Right of to meet an advocate of his choice during interrogation, though not throughout interrogation. arrested person to meet an advocate of his choice during interrogation. 39. (1) When any person who, in the presence of a police officer, has committed or Arrest on has been accused of committing a non-cognizable offence refuses on demand of such refusal to give name and 5 officer to give his name and residence or gives a name or residence which such officer has residence. 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 a bond or bail bond, to appear before a Magistrate if so required: 10 Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India. (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest 15 Magistrate having jurisdiction. 40. (1) Any private person