Bharatiya Nagarik Suraksha Sanhita 2023 PDF

Page |1 BHARATIYA NAGARIK SURAKSHA SANHITA 2023, (BNSS)  Index  Corresponding Section Table of BNSS with Repealed Act  Chapters and Sections  First Schedule  Second Schedule ...

Page |1 BHARATIYA NAGARIK SURAKSHA SANHITA 2023, (BNSS)  Index  Corresponding Section Table of BNSS with Repealed Act  Chapters and Sections  First Schedule  Second Schedule  Page |2 Index HomePage THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 Arrangement of sections CHAPTER I PRELIMINARY SECTION 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.  Page |3 24. Sentence of imprisonment in default of fine. 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. 57. Person arrested to be taken before Magistrate or officer in charge of police station.  Page |4 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.  Page |5 D.—Other rules regarding processes 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  Page |6 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. 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  Page |7 144. 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. 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.  Page |8 166. 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. 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.  Page |9 198. 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. 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  P a g e | 10 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. 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.  P a g e | 11 255. 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. CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES 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.  P a g e | 12 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. 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.  P a g e | 13 313. 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. 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.  P a g e | 14 352. 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 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.  P a g e | 15 384. 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. CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 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  P a g e | 16 413. 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. 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.  P a g e | 17 451. 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. 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.  P a g e | 18 477. 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 or 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. 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.  P a g e | 19 511. 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 Note: For Reference only. HomePage  P a g e | 20 HomePage Corresponding Section Table of BNSS with Repealed Act Bharatiya Nagarik Suraksha Code of Criminal Procedure, 1973 Sanhita, 2023 CHAPTER I CHAPTER I PRELIMINARY PRELIMINARY 1. Short title, extent and 1. Short title, extent and commencement. commencement 2. Definitions. 2. Definitions. 3. Construction of references. 3. Construction of references. 4. Trial of offences under Bharatiya 4. Trial of offences under the Indian Nyaya Sanhita, 2023 and other laws. Penal Code and other laws. 5. Saving. 5. Saving. CHAPTER II CHAPTER II CONSTITUTION OF CRIMINAL CONSTITUTION OF CRIMINAL COURTS AND OFFICES COURTS AND OFFICES 6. Classes of Criminal Courts. 6. Classes of Criminal Courts. 7. Territorial divisions. 7. Territorial divisions. Deleted 8. Metropolitan areas. 8. Court of Session 9. Court of Session. Deleted 10. Subordination of Assistant Sessions Judges. 9. Courts of Judicial Magistrates. 11. Courts of Judicial Magistrates. 10. Chief Judicial Magistrate and 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, Additional Chief Judicial Magistrate, etc. etc. 11. Special Judicial Magistrates 13. Special Judicial Magistrates. 12. Local Jurisdiction of Judicial 14. Local jurisdiction of Judicial Magistrates. Magistrates. 13. Subordination of Judicial 15. Subordination of Judicial Magistrates. Magistrates. Deleted 16. Courts of Metropolitan Magistrates. Deleted 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. Deleted 18. Special Metropolitan Magistrates. Deleted 19. Subordination of Metropolitan Magistrates. 14. Executive Magistrates. 20. Executive Magistrates. 15. Special Executive Magistrates. 21. Special Executive Magistrates. 16. Local Jurisdiction of Executive 22. Local Jurisdiction of Executive Magistrates. Magistrates. 17. Subordination of Executive 23. Subordination of Executive Magistrates Magistrates. 18. Public Prosecutors. 24. Public Prosecutors.  P a g e | 21 19. Assistant Public Prosecutors 25. Assistant Public prosecutors. 20. Directorate of Prosecution. 25A. Directorate of Prosecution. CHAPTER III CHAPTER III POWER OF COURTS POWER OF COURTS 21. Courts by which offences are 26. Courts by which offences are triable. triable. Deleted 27. Jurisdiction in the case of juveniles. 22. Sentences which High Courts and 28. Sentences which High Courts and Sessions Judges may pass. Sessions Judges may pass. 23. Sentences which Magistrates 29. Sentences which Magistrates may may pass pass. 24. Sentence of imprisonment in 30. Sentence of imprisonment in default of fine. default of fine. 25. Sentence in cases of conviction 31. Sentence in cases of conviction of of several offences at one trial. several offences at one trial. 26. Mode of conferring powers. 32. Mode of conferring powers. 27. Powers of officers appointed. 33. Powers of officers appointed. 28. Withdrawal of powers. 34. Withdrawal of powers. 29. Powers of Judges and 35. Powers of Judges and Magistrates Magistrates exercisable by their exercisable by their successors-in- successors-in-office. office. CHAPTER IV CHAPTER IV POWERS OF SUPERIOR OFFICERS A.–POWERS OF SUPERIOR OF POLICE AND AID TO THE OFFICERS OF POLICE MAGISTRATES AND THE POLICE B.–AID TO THE MAGISTRATES AND THE POLICE 30. Powers of superior officers of 36. Powers of superior officers of police. police. 31. Public when to assist Magistrates 37. Public when to assist Magistrates and police. and police. 32. Aid to person, other than police 38. Aid to person, other than police officer, executing warrant. officer, executing warrant. 33. Public to give information of 39. Public to give information of certain offences. certain offences. 34. Duty of officers employed in 40. Duty of officers employed in connection with affairs of a village connection with the affairs of a to make certain report. village to make certain report. CHAPTER V CHAPTER V ARREST OF PERSONS ARREST OF PERSONS 35. When police may arrest without 41. When police may arrest without warrant warrant. 35(1) 35(2) 41(2) 35(3), 35(4) 35(5), 35(6) 41A Notice of appearance before police officer 35(7) New Sub-Section  P a g e | 22 36. Procedure of arrest and duties of 41B. Procedure of arrest and duties officer making arrest. of officer making arrest. 37. Designated police officer. 41C. Control room at districts. 38. Right of arrested person to 41D. Right of arrested person to meet an advocate of his choice meet an advocate of his choice during interrogation. during interrogation. 42. Arrest on refusal to give name 39. Arrest on refusal to give name and residence. and residence. 40. Arrest by private person and 43. Arrest by private person and procedure on such arrest. procedure on such arrest. 41. Arrest by Magistrate. 44. Arrest by Magistrate. 42. Protection of members of Armed 45. Protection of members of the Forces from arrest. Armed Forces from arrest. 43. Arrest how made. 46. Arrest how made. 43(1) 46(1) 43(2) 46(2) 43(3) New Sub-Section 43(4) 46(3) 43(5) 46(4) 44. Search of place entered by 47. Search of place entered by person sought to be arrested person sought to be arrested. 45. Pursuit of offenders into other 48. Pursuit of offenders into other jurisdictions. jurisdictions. 46. No unnecessary restraint. 49. No unnecessary restraint. 47. Person arrested to be informed 50. Person arrested to be informed of grounds of arrest and of right to of grounds of arrest and of right to bail. bail. 48. Obligation of person making 50A. Obligation of person making arrest to inform about arrest, etc., to arrest to inform about the arrest, relative or friend. etc., to a nominated person. 49. Search of arrested person. 51. Search of arrested person. 50. Power to seize offensive 52. Power to seize offensive weapons. weapons. 51. Examination of accused by 53. Examination of accused by medical practitioner at request of medical practitioner at the request of police officer. police officer. 51(1) 53(1) 51(2) 53(2) 51(3) New Sub-section 52. Examination of person accused of 53A. Examination of person accused rape by medical practitioner. of rape by medical practitioner. 53. Examination of arrested person 54. Examination of arrested person by medical officer. by medical officer. 54. Identification of person arrested. 54A. Identification of person arrested. 55. Procedure when police officer 55. Procedure when police officer deputes subordinate to arrest without deputes subordinate to arrest without warrant. warrant.  P a g e | 23 56. Health and safety of arrested 55A. Health and safety of arrested person. person. 57. Person arrested to be taken 56. Person arrested to be taken before Magistrate or officer in charge before Magistrate or officer in charge of police station. of police station. 58. Person arrested not to be 57. Person arrested not to be detained more than twenty-four detained more than twenty-four hours. hours. 59. Police to report apprehensions. 58. Police to report apprehensions. 60. Discharge of person 59. Discharge of person apprehended. apprehended. 61. Power, on escape, to pursue and 60. Power, on escape, to pursue retake. and retake. 62. Arrest to be made strictly 60A. Arrest to be made strictly according to Sanhita. according to the Code. CHAPTER VI CHAPTER VI PROCESSES TO COMPEL PROCESSES TO COMPEL APPEARANCE APPEARANCE A.—Summons A.–Summons 63. Form of summons. 61. Form of summons. 64. Summons how served. 62. Summons how served. 65. Service of summons on corporate 63. Service of summons on bodies, firms, and societies. corporate bodies and societies. 65(1) 65(2) New Sub-Section 66. Service when persons 64. Service when persons summoned cannot be found. summoned cannot be found. 67. Procedure when service cannot 65. Procedure when service cannot be effected as before provided. be effected as before provided. 68. Service on Government servant. 66. Service on Government servant. 69. Service of summons outside 67. Service of summons outside local limits. local limits. 70. Proof of service in such cases 68. Proof of service in such cases and when serving officer not present. and when serving officer not present. 70(1) 68 (1) 70(2) 68(2) 70(3) New Sub-Section 71. Service of summons on witness. 69. Service of summons on witness by post. B.—Warrant of arrest B.—Warrant of arrest 72. Form of warrant of arrest and 70. Form of warrant of arrest and duration. duration. 73. Power to direct security to be 71. Power to direct security to be taken. taken. 74. Warrants to whom directed. 72. Warrants to whom directed. 75. Warrant may be directed to any 73. Warrant may be directed to any person. person. 76. Warrant directed to police 74. Warrant directed to police officer. officer.  P a g e | 24 77. Notification of substance of 75. Notification of substance of warrant. warrant. 78. Person arrested to be brought 76. Person arrested to be brought before Court without delay. before Court without delay. 79. Where warrant may be 77. Where warrant may be executed. executed. 80. Warrant forwarded for execution 78. Warrant forwarded for execution outside jurisdiction. outside jurisdiction. 81. Warrant directed to police officer 79. Warrant directed to police for execution outside jurisdiction. officer for execution outside jurisdiction. 82. Procedure on arrest of person 80. Procedure on arrest of person against whom warrant issued. against whom warrant issued. 82(1) 82(2) New Sub-Section 83. Procedure by Magistrate before 81. Procedure by Magistrate before whom such person arrested is whom such person arrested is brought. brought. C.—Proclamation and attachment C.—Proclamation and attachment 84. Proclamation for person 82. Proclamation for person absconding. absconding. 85. Attachment of property of 83. Attachment of property of person absconding. person absconding. 86. Identification and attachment New Section of property of proclaimed person. 87. Claims and objections to 84. Claims and objections to attachment. attachment. 88. Release, sale and restoration of 85. Release, sale and restoration of attached property. attached property. 89. Appeal from order rejecting 86. Appeal from order rejecting application for restoration of attached application for restoration of attached property. property. D.—Other rules regarding D.—Other rules regarding processes processes 90. Issue of warrant in lieu of, or in 87. Issue of warrant in lieu of, or in addition to, summons. addition to, summons. 91. Power to take bond or bail bond 88. Power to take bond for for appearance. appearance. 92. Arrest on breach of bond or bail 89. Arrest on breach of bond for bond for appearance. appearance. 93. Provisions of this Chapter 90. Provisions of this Chapter generally applicable to summonses generally applicable to summonses and warrants of arrest. and warrants of arrest. CHAPTER VII CHAPTER VII PROCESSES TO COMPEL THE PROCESSES TO COMPEL THE PRODUCTION OF THINGS PRODUCTION OF THINGS A.- Summons to produce A.- Summons to produce 94. Summons to produce document 91. Summons to produce document or other thing. or other thing.  P a g e | 25 95. Procedure as to letters. 92. Procedure as to letters and telegrams. B.—Search-warrants B.—Search-warrants 96. When search-warrant may be 93. When search-warrant may be issued. issued. 97. Search of place suspected to 94. Search of place suspected to contain stolen property, forged contain stolen property, forged documents, etc. documents, etc. 98. Power to declare certain 95. Power to declare certain publications forfeited and to issue publications forfeited and to issue search-warrants for same. search-warrants for same. 99. Application to High Court to set 96. Application to High Court to set aside declaration of forfeiture. aside declaration of forfeiture. 100. Search for persons wrongfully 97. Search for persons wrongfully confined. confined. 101. Power to compel restoration of 98. Power to compel restoration of abducted females. abducted females. C.- General provisions relating to C.- General provisions relating to searches searches 102. Direction, etc., of search- 99. Direction, etc., of search- warrants. warrants. 103. Persons in charge of closed 100. Persons in charge of closed place to allow search. place to allow search. 104. Disposal of things found in 101. Disposal of things found in search beyond jurisdiction. search beyond jurisdiction. D.—Miscellaneous D.—Miscellaneous 105. Recording of search and New Section seizure through audio-video electronic means. 106. Power of police officer to seize 102. Power of police officer to seize certain property. certain property. 107. Attachment, forfeiture or New Section restoration of property. 108. Magistrate may direct search in 103. Magistrate may direct search in his presence. his presence. 109. Power to impound document, 104. Power to impound document, etc., produced. etc., produced. 110. Reciprocal arrangements 105. Reciprocal arrangements regarding processes. regarding processes. CHAPTER VIII CHAPTER VIIA RECIPROCAL ARRANGEMENTS RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE ATTACHMENT AND FORFEITURE OF PROPERTY OF PROPERTY 111. Definitions. 105A. Definitions. 112. Letter of request to competent 166A. Letter of request to competent authority for investigation in a authority for investigation in a country or place outside India. country or place outside India.  P a g e | 26 113. Letter of request from a 166B. Letter of request from a country or place outside India to a country or place outside India to a Court or an authority for investigation Court or an authority for investigation in India. in India. 114. Assistance in securing transfer 105B. Assistance in securing transfer of persons. of persons. 115. Assistance in relation to orders 105C. Assistance in relation to orders of attachment or forfeiture of of attachment or forfeiture of property. property. 116. Identifying unlawfully acquired 105D. Identifying unlawfully acquired property. property. 117. Seizure or attachment of 105E. Seizure or attachment of property. property. 118. Management of properties 105F. Management of properties seized or forfeited under this seized or forfeited under this Chapter. Chapter. 119. Notice of forfeiture of property. 105G. Notice of forfeiture of property. 120. Forfeiture of property in certain 105H. Forfeiture of property in cases certain cases 121. Fine in lieu of forfeiture. 105-I. Fine in lieu of forfeiture. 122. Certain transfers to be null and 105J. Certain transfers to be null and void. void. 123. Procedure in respect of letter of 105K. Procedure in respect of letter request. of request. 124. Application of this Chapter. 105L. Application of this Chapter. CHAPTER IX CHAPTER VIII SECURITY FOR KEEPING THE SECURITY FOR KEEPING THE PEACE AND FOR GOOD PEACE AND FOR GOOD BEHAVIOUR BEHAVIOUR 125. Security for keeping peace on 106. Security for keeping peace on conviction. conviction. 126. Security for keeping peace in 107. Security for keeping peace in other cases. other cases. 127. Security for good behaviour 108. Security for good behaviour from persons disseminating certain from persons disseminating seditious matters. matters. 128. Security for good behaviour 109. Security for good behaviour from suspected persons. from suspected persons. 129. Security for good behaviour 110. Security for good behaviour from habitual offenders. from habitual offenders. 130. Order to be made. 111. Order to be made. 131. Procedure in respect of person 112. Procedure in respect of person present in Court. present in Court. 132. Summons or warrant in case of 113. Summons or warrant in case of person not so present. person not so present. 133. Copy of order to accompany 114. Copy of order to accompany summons or warrant. summons or warrant. 134. Power to dispense with 115. Power to dispense with personal attendance. personal attendance.  P a g e | 27 135. Inquiry as to truth of 116. Inquiry as to truth of information. information. 136. Order to give security. 117. Order to give security. 137. Discharge of person informed 118. Discharge of person informed against. against. 138. Commencement of period for 119. Commencement of period for which security is required. which security is required. 139. Contents of bond. 120. Contents of bond. 140. Power to reject sureties. 121. Power to reject sureties. 141. Imprisonment in default of 122. Imprisonment in default of security. security. 142. Power to release persons 123. Power to release persons imprisoned for failing to give security. imprisoned for failing to give security. 143. Security for unexpired period of 124. Security for unexpired period of bond. bond. CHAPTER X CHAPTER IX ORDER FOR MAINTENANCE OF ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS WIVES, CHILDREN AND PARENTS 144. Order for maintenance of 125. Order for maintenance of wives, children and parents. wives, children and parents. 145. Procedure. 126. Procedure. 146. Alteration in allowance. 127. Alteration in allowance. 147. Enforcement of order of 128. Enforcement of order of maintenance. maintenance. CHAPTER XI CHAPTER X MAINTENANCE OF PUBLIC ORDER MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY AND TRANQUILLITY A.—Unlawful assemblies A.–Unlawful assemblies 148. Dispersal of assembly by use of 129. Dispersal of assembly by use of civil force. civil force. 149. Use of armed forces to disperse 130. Use of armed forces to disperse assembly. assembly. 150. Power of certain armed force 131. Power of certain armed force officers to disperse assembly. officers to disperse assembly. 151. Protection against prosecution 132. Protection against prosecution for acts done under sections 148, 149 for acts done under preceding and 150. sections. B.—Public nuisances B.—Public nuisances 152. Conditional order for removal of 133. Conditional order for removal of nuisance. nuisance. 153. Service or notification of order. 134. Service or notification of order. 154. Person to whom order is 135. Person to whom order is addressed to obey or show cause. addressed to obey or show cause. 155. Penalty for failure to comply 136. Consequences of his failing to with section 154. do so. 156. Procedure where existence of 137. Procedure where existence of public right is denied. public right is denied. 157. Procedure where person 138. Procedure where he appears to against whom order is made under show cause. section 152 appears to show cause.  P a g e | 28 158. Power of Magistrate to direct 139. Power of Magistrate to direct local investigation and examination oflocal investigation and examination of an expert. an expert. 159. Power of Magistrate to furnish 140. Power of Magistrate to furnish written instructions, etc. written instructions, etc. 160. Procedure on order being made 141. Procedure on order being made absolute and consequences of absolute and consequences of disobedience. disobedience. 161. Injunction pending inquiry. 142. Injunction pending inquiry. 162. Magistrate may prohibit 143. Magistrate may prohibit repetition or continuance of public repetition or continuance of public nuisance. nuisance. C.—Urgent cases of nuisance or C.—Urgent cases of nuisance or apprehended danger apprehended danger 163. Power to issue order in urgent 144. Power to issue order in urgent cases of nuisance or apprehended cases of nuisance or apprehended danger. danger. Deleted 144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms. D.—Disputes as to immovable D.—Disputes as to immovable property property 164. Procedure where dispute 145. Procedure where dispute concerning land or water is likely to concerning land or water is likely to cause breach of peace. cause breach of peace. 165. Power to attach subject of 146. Power to attach subject of dispute and to appoint receiver. dispute and to appoint receiver. 166. Dispute concerning right of use 147. Dispute concerning right of use of land or water. of land or water. 167. Local Inquiry. 148. Local Inquiry. CHAPTER XII CHAPTER XI PREVENTIVE ACTION OF THE PREVENTIVE ACTION OF THE POLICE POLICE 168. Police to prevent cognizable 149. Police to prevent cognizable offences. offences. 169. Information of design to 150. Information of design to commit cognizable offences. commit cognizable offences. 170. Arrest to prevent commission of 151 Arrest to prevent commission of cognizable offences. cognizable offences. 171. Prevention of injury to public 152. Prevention of injury to public property. property. 172. Persons bound to conform New Section to lawful directions of police. Deleted 153. Inspection of weights and measures. CHAPTER-XIII INFORMATION TO CHAPTER-XII INFORMATION TO THE POLICE AND THEIR POWERS THE POLICE AND THEIR POWERS TO INVESTIGATE TO INVESTIGATE  P a g e | 29 173. Information in cognizable 154. Information in cognizable cases. cases. 174. Information as to non- 155. Information as to non- cognizable cases and investigation of cognizable cases and investigation of such cases. such cases. 175. Police officer’s power to 156. Police officer’s power to investigate cognizable case. investigate cognizable case. 175(1) 156(1) 175(2) 156(2) 175(3) 156(3) 175(4) New Sub-Section 176. Procedure for investigation. 157. Procedure for investigation. 176(1) 157(1) 176(2) 157(2) 176(3) New Sub-Section 177. Report how submitted. 158. Report how submitted. 178. Power to hold investigation or 159. Power to hold investigation or preliminary inquiry. preliminary inquiry. 179. Police officer’s power to require 160. Police officer’s power to require attendance of witnesses. attendance of witnesses. 180. Examination of witnesses by 161. Examination of witnesses by police. police. 181. Statements to police and use 162. Statements to police not to be thereof. signed: Use of statements in evidence. 182. No inducement to be offered. 163. No inducement to be offered. 183. Recording of confessions and 164. Recording of confessions and statements. statements. 184. Medical examination of victim 164A Medical examination of victim of rape. of rape. 185. Search by police officer. 165. Search by police officer. 186. When officer in charge of police 166. When officer in charge of police station may require another to issue station may require another to issue search- warrant. search- warrant. 187. Procedure when investigation 167. Procedure when investigation cannot be completed in twenty-four cannot be completed in twenty-four hours. hours. 188. Report of investigation by 168. Report of investigation by subordinate police officer. subordinate police officer. 189. Release of accused when 169. Release of accused when evidence deficient. evidence deficient. 190. Cases to be sent to Magistrate, 170. Cases to be sent to Magistrate, when evidence is sufficient. when evidence is sufficient. 191. Complainant and witnesses not 171. Complainant and witnesses not to be required to accompany police to be required to accompany police officer and not to be subject to officer and not to be subject to restraint restraint. 192. Diary of proceedings in 172. Diary of proceedings in investigation. investigation.  P a g e | 30 193. Report of police officer on 173. Report of police officer on completion of investigation. completion of investigation. 194. Police to enquire and report on 174. Police to enquire and report on suicide, etc. suicide, etc. 195. Power to summon persons. 175. Power to summon persons. 196. Inquiry by Magistrate into 176. Inquiry by Magistrate into cause of death. cause of death. CHAPTER XIV CHAPTER XIII JURISDICTION OF THE CRIMINAL JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND COURTS IN INQUIRIES AND TRIALS TRIALS 197. Ordinary place of inquiry and 177. Ordinary place of inquiry and trial. trial. 198. Place of inquiry or trial. 178. Place of inquiry or trial. 199. Offence triable where act is 179. Offence triable where act is done or consequence ensues. done or consequence ensues. 200. Place of trial where act is an 180. Place of trial where act is an offence by reason of relation to other offence by reason of relation to other offence. offence. 201. Place of trial in case of certain 181. Place of trial in case of certain offences. offences. 202. Offences committed by means 182. Offences committed by letters, of electronic communications, letters, etc. etc. 203. Offence committed on journey 183. Offence committed on journey or voyage. or voyage. 204. Place of trial for offences triable 184. Place of trial for offences triable together. together. 205. Power to order cases to be tried 185. Power to order cases to be tried in different sessions divisions. in different sessions divisions. 206. High Court to decide, in case of 186. High Court to decide, in case of doubt, district where inquiry or trial doubt, district where inquiry or trial shall take place. shall take place. 207. Power to issue summons or 187. Power to issue summons or warrant for offence committed warrant for offence committed beyond local jurisdiction. beyond local jurisdiction. 208. Offence committed outside 188. Offence committed outside India. India. 209. Receipt of evidence relating to 189. Receipt of evidence relating to offences committed outside India. offences committed outside India. CHAPTER XV CHAPTER XIV CONDITIONS REQUISITE FOR CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS INITIATION OF PROCEEDINGS 210. Cognizance of offences by 190. Cognizance of offences by Magistrates. Magistrates. 211. Transfer on application of 191. Transfer on application of accused. accused. 212. Making over of cases to 192. Making over of cases to Magistrates. Magistrates.  P a g e | 31 213. Cognizance of offences by Court 193. Cognizance of offences by Court of Session. of Session. 214. Additional Sessions Judges to 194. Additional and Assistant try cases made over to them. Sessions Judges to try cases made over to them. 215. Prosecution for contempt of 195. Prosecution for contempt of lawful authority of public servants, lawful authority of public servants, for offences against public justice and for offences against public justice and for offences relating to documents for offences relating to documents given in evidence. given in evidence. 216. Procedure for witnesses in case 195A. Procedure for witnesses in case of threatening, etc. of threatening, etc. 217. Prosecution for offences against 196. Prosecution for offences against State and for criminal conspiracy to State and for criminal conspiracy to commit such offence. commit such offence. 218. Prosecution of Judges and 197. Prosecution of Judges and public servants. public servants. 219. Prosecution for offences against 198. Prosecution for offences against marriage. marriage. 220. Prosecution of offences under 198A. Prosecution of offences under section 85 of Bharatiya Nyaya section 498A of the Indian Penal Sanhita, 2023 Code 221. Cognizance of offence. 198B. Cognizance of offence. 222. Prosecution for defamation 199. Prosecution for defamation CHAPTER XVI CHAPTER XV COMPLAINTS TO MAGISTRATES COMPLAINTS TO MAGISTRATES 223. Examination of complainant. 200. Examination of complainant. 223(1) 223(2) New Sub-Section 224. Procedure by Magistrate not 201. Procedure by Magistrate not competent to take cognizance of competent to take cognizance of case case. 225. Postponement of issue of 202. Postponement of issue of process. process. 226. Dismissal of complaint. 203. Dismissal of complaint. CHAPTER XVII CHAPTER XVI COMMENCEMENT OF COMMENCEMENT OF PROCEEDINGS BEFORE PROCEEDINGS BEFORE MAGISTRATES MAGISTRATES 227. Issue of process. 204. Issue of process. 228. Magistrate may dispense with 205. Magistrate may dispense with personal attendance of accused. personal attendance of accused. 229. Special summons in cases of 206. Special summons in cases of petty offence. petty offence. 230. Supply to accused of copy of 207. Supply to the accused of copy police report and other documents. of police report and other documents. 231. Supply of copies of statements 208. Supply of copies of statements and documents to accused in other and documents to accused in other cases triable by Court of Session. cases triable by Court of Session.  P a g e | 32 232. Commitment of case to Court of 209. Commitment of case to Court of Session when offence is triable Session when offence is triable exclusively by it. exclusively by it. 233. Procedure to be followed when 210. Procedure to be followed when there is a complaint case and police there is a complaint case and police investigation in respect of same investigation in respect of the same offence. offence. CHAPTER XVIII CHAPTER XVII THE CHARGE THE CHARGE A.—Form of charges A.–Form of charges 234. Contents of charge. 211. Contents of charge. 235. Particulars as to time, place and 212. Particulars as to time, place person. and person. 236. When manner of committing 213. When manner of committing offence must be stated. offence must be stated. 237. Words in charge taken in sense 214. Words in charge taken in sense of law under which offence is of law under which offence is punishable. punishable. 238. Effect of errors. 215. Effect of errors. 239. Court may alter charge. 216. Court may alter charge. 240. Recall of witnesses when charge 217. Recall of witnesses when altered. charge altered. B.- Joinder of charges B.- Joinder of charges 241. Separate charges for distinct 218. Separate charges for distinct offences. offences. 242. Offences of same kind within 219. Three offences of same kind year may be charged together. within year may be charged together. 243. Trial for more than one offence. 220. Trial for more than one offence. 244. Where it is doubtful what 221. Where it is doubtful what offence has been committed. offence has been committed. 245. When offence proved included in 222. When offence proved included offence charged. in offence charged. 246. What persons may be charged 223. What persons may be charged jointly. jointly. 247. Withdrawal of remaining 224. Withdrawal of remaining charges on conviction on one of charges on conviction on one of several charges. several charges. CHAPTER XIX CHAPTER XVIII TRIAL BEFORE A COURT OF TRIAL BEFORE A COURT OF SESSION SESSION 248. Trial to be conducted by Public 225. Trial to be conducted by Public Prosecutor. Prosecutor. 249. Opening case for prosecution. 226. Opening case for prosecution. 250. Discharge. 250(1) New Sub-Section 250(2) 227. Discharge. 251. Framing of charge. 228. Framing of charge. 252. Conviction on plea of guilty. 229. Conviction on plea of guilty. 253. Date for prosecution evidence. 230. Date for prosecution evidence.  P a g e | 33 254. Evidence for prosecution. 231(1). Evidence for prosecution. 254(1). New Sub-Section 254(2). New Sub-Section 254. (3) 231(2). 255. Acquittal. 232. Acquittal. 256. Entering upon defence. 233. Entering upon defence. 257. Arguments. 234. Arguments. 258. Judgment of acquittal or 235. Judgment of acquittal or conviction conviction. 259. Previous conviction. 236. Previous conviction. 260. Procedure in cases instituted 237. Procedure in cases instituted under sub-section (2) of section 222. under section 199(2). CHAPTER XX CHAPTER XIX TRIAL OF WARRANT-CASES BY TRIAL OF WARRANT-CASES BY MAGISTRATES MAGISTRATES A.—Cases instituted on a police A.–Cases instituted on a police report report 261. Compliance with section 230. 238. Compliance with section 207. 262. When accused shall be discharged. 262(1) New Sub-Section 262 (2) 239. When accused shall be discharged. 263. Framing of charge. 240. Framing of charge. 264. Conviction on plea of guilty. 241. Conviction on plea of guilty. 265. Evidence for prosecution. 242. Evidence for prosecution. 266. Evidence for defence. 243. Evidence for defence. B.—Cases instituted otherwise B.—Cases instituted otherwise than on police report than on police report 267. Evidence for prosecution. 244. Evidence for prosecution. 268. When accused shall be 245. When accused shall be discharged. discharged. 269. Procedure where accused is not 246. Procedure where accused is not discharged. discharged. 270. Evidence for defence. 247. Evidence for defence. C.-Conclusion of trial C.-Conclusion of trial 271. Acquittal or conviction. 248. Acquittal or conviction. 272. Absence of complainant. 249. Absence of complainant. 273. Compensation for accusation 250. Compensation for accusation without reasonable cause. without reasonable cause. CHAPTER XXI CHAPTER XX TRIAL OF SUMMONS-CASES BY TRIAL OF SUMMONS-CASES BY MAGISTRATES MAGISTRATES 274. Substance of accusation to be 251. Substance of accusation to be stated. stated. 275. Conviction on plea of guilty. 252. Conviction on plea of guilty. 276. Conviction on plea of guilty in 253. Conviction on plea of guilty in absence of accused in petty cases. absence of accused in petty cases. 277. Procedure when not convicted. 254. Procedure when not convicted.  P a g e | 34 278. Acquittal or conviction. 255. Acquittal or conviction. 279. Non-appearance or death of 256. Non-appearance or death of complainant. complainant. 280. Withdrawal of complaint. 257. Withdrawal of complaint. 281. Power to stop proceedings in 258. Power to stop proceedings in certain cases. certain cases. 282. Power of Court to convert 259. Power of Court to convert summons-cases into warrant-cases. summons-cases into warrant-cases. CHAPTER XXII CHAPTER XXI SUMMARY TRIALS SUMMARY TRIALS 283. Power to try summarily. 283(2) Summary trial for 260 (1). (i) Summary trial for imprisonment upto three years imprisonment upto two years 283(3) 260(2). 284. Summary trial by Magistrate of 261. Summary trial by Magistrate of second class. second class. 285. Procedure for summary trials. 262. Procedure for summary trials. 286. Record in summary trials. 263. Record in summary trials. 287. Judgment in cases tried 264. Judgment in cases tried summarily. summarily. 288. Language of record and 265. Language of record and judgment. judgment. CHAPTER XXIII CHAPTER XXIA PLEA BARGAINING PLEA BARGAINING 289. Application of Chapter. 265A. Application of the Chapter. 290. Application for plea bargaining. 265B. Application for plea bargaining. 291. Guidelines for mutually 265C. Guidelines for mutually satisfactory disposition. satisfactory disposition. 292. Report of mutually satisfactory 265D. Report of the mutually disposition to be submitted before satisfactory disposition to be Court. submitted before the Court. 293. Disposal of case. 265E. Disposal of the case. 294. Judgment of Court. 265F. Judgment of the Court. 295. Finality of judgment. 265G. Finality of the judgment. 296. Power of Court in plea 265H. Power of the Court in plea bargaining. bargaining. 297. Period of detention undergone 265-I. Period of detention undergone by accused to be set off against by the accused to be set off against sentence of imprisonment. the sentence of imprisonment. 298. Savings. 265J. Savings. 299. Statements of accused not to be 265K. Statements of accused not to used. be used. 300. Non-application of Chapter. 265L. Non-application of the Chapter. CHAPTER XXIV CHAPTER XXII ATTENDANCE OF PERSONS ATTENDANCE OF PERSONS CONFINED OR DETAINED IN CONFINED OR DETAINED IN PRISONS PRISONS 301. Definitions. 266. Definitions. 302. Power to require attendance of 267. Power to require attendance of prisoners. prisoners.  P a g e | 35 303. Power of State Government or 268. Power of State Government to Central Government to exclude exclude certain persons from certain persons from operation of operation of section 267. section 302. 304. Officer in charge of prison to 269. Officer in charge of prison to abstain from carrying out order in abstain from carrying out order in certain contingencies. certain contingencies. 305. Prisoner to be brought to Court 270. Prisoner to be brought to Court in custody. in custody. 306. Power to issue commission for 271. Power to issue commission for examination of witness in prison. examination of witness in prison. CHAPTER XXV CHAPTER XXIII EVIDENCE IN INQUIRIES AND EVIDENCE IN INQUIRIES AND TRIALS TRIALS A.—Mode of taking and recording A.–Mode of taking and recording evidence evidence 307. Language of Courts. 272. Language of Courts. 308. Evidence to be taken in 273. Evidence to be taken in presence of accused. presence of accused. 309. Record in summons-cases and 274. Record in summons-cases and inquiries. inquiries. 310. Record in warrant-cases. 275. Record in warrant-cases. 311. Record in trial before Court of 276. Record in trial before Court of Session. Session. 312. Language of record of evidence. 277. Language of record of evidence. 313. Procedure in regard to such 278. Procedure in regard to such evidence when completed. evidence when completed. 314. Interpretation of evidence to 279. Interpretation of evidence to accused or his advocate. accused or his advocate. 315. Remarks respecting demeanour 280. Remarks respecting demeanour of witness. of witness. 316. Record of examination of 281. Record of examination of accused. accused. 317. Interpreter to be bound to 282. Interpreter to be bound to interpret truthfully. interpret truthfully. 318. Record in High Court. 283. Record in High Court. B.-Commissions for the B.-Commissions for the examination of witnesses examination of witnesses 319. When attendance of witness 284. When attendance of witness may be dispensed with and may be dispensed with and commission issued. commission issued. 320. Commission to whom to be 285. Commission to whom to be issued. issued. 321. Execution of commissions. 286. Execution of commissions. 322. Parties may examine witnesses. 287. Parties may examine witnesses. 323. Return of commission. 288. Return of commission. 324. Adjournment of proceeding. 289. Adjournment of proceeding. 325. Execution of foreign 290. Execution of foreign commissions. commissions. 326. Deposition of medical witness. 291. Deposition of medical witness.  P a g e | 36 327. Identification report of 291A. Identification report of Magistrate. Magistrate. 328. Evidence of officers of the Mint. 292. Evidence of officers of the Mint. 329. Reports of certain Government 293. Reports of certain Government scientific experts. scientific experts. 330. No formal proof of certain 294. No formal proof of certain documents. documents. 331. Affidavit in proof of conduct of 295. Affidavit in proof of conduct of public servants. public servants. 332. Evidence of formal character on 296. Evidence of formal character on affidavit. affidavit. 333. Authorities before whom 297. Authorities before whom affidavits may be sworn. affidavits may be sworn. 334. Previous conviction or acquittal 298. Previous conviction or acquittal how proved. how proved. 335. Record of evidence in absence 299. Record of evidence in absence of accused. of accused. 336. Evidence of public servants, New Section experts, police officers in certain cases. CHAPTER XXVI CHAPTER XXIV GENERAL PROVISIONS AS TO GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS INQUIRIES AND TRIALS 337. Person once convicted or 300. Person once convicted or acquitted not to be tried for same acquitted not to be tried for same offence. offence. 338. Appearance by Public 301. Appearance by Public Prosecutors. Prosecutors. 339. Permission to conduct 302. Permission to conduct prosecution. prosecution. 340. Right of person against whom 303. Right of person against whom proceedings are instituted to be proceedings are instituted to be defended. defended. 341. Legal aid to accused at State 304. Legal aid to accused at State expense in certain cases. expense in certain cases. 342. Procedure when corporation or 305. Procedure when corporation or registered society is an accused. registered society is an accused. 343. Tender of pardon to accomplice. 306. Tender of pardon to accomplice. 344. Power to direct tender of 307. Power to direct tender of pardon. pardon. 345. Trial of person not complying 308. Trial of person not complying with conditions of pardon. with conditions of pardon. 346. Power to postpone or adjourn 309. Power to postpone or adjourn proceedings. proceedings. 347. Local inspection. 310. Local inspection. 348. Power to summon material 311. Power to summon material witness, or examine person present. witness, or examine person present. 349. Power of Magistrate to order 311A. Power of Magistrate to order person to give specimen signatures person to give specimen signatures or handwriting. or handwriting.  P a g e | 37 350. Expenses of complainants and 312. Expenses of complainants and witnesses. witnesses. 351. Power to examine accused. 313. Power to examine the accused. 352. Oral arguments and 314. Oral arguments and memorandum of arguments. memorandum of arguments. 353. Accused person to be competent 315. Accused person to be competent witness. witness. 354. No influence to be used to 316. No influence to be used to induce disclosure. induce disclosure. 355. Provision for inquiries and trial 317. Provision for inquiries and trial being held in the absence of accused being held in the absence of accused in certain cases. in certain cases. 356. Inquiry, trial or judgement New Section in absentia of proclaimed offender. 357. Procedure where accused does 318. Procedure where accused does not understand proceedings. not understand proceedings. 358. Power to proceed against other 319. Power to proceed against other persons appearing to be guilty of persons appearing to be guilty of offence. offence. 359. Compounding of offences. 320. Compounding of offences. 360. Withdrawal from prosecution. 321. Withdrawal from prosecution. 361. Procedure in cases which 322. Procedure in cases which Magistrate cannot dispose of. Magistrate cannot dispose of. 362. Procedure when after 323. Procedure when after commencement of inquiry or trial, commencement of inquiry or trial, Magistrate finds case should be Magistrate finds case should be committed. committed. 363. Trial of persons previously 324. Trial of persons previously convicted of offences against coinage, convicted of offences against coinage, stamp-law or property. stamp-law or property. 364. Procedure when Magistrate 325. Procedure when Magistrate cannot pass sentence sufficiently cannot pass sentence sufficiently severe. severe. 365. Conviction or commitment on 326. Conviction or commitment on evidence partly recorded by one evidence partly recorded by one Magistrate and partly by another. Magistrate and partly by another. 366. Court to be open. 327. Court to be open. CHAPTER XXVII CHAPTER XXV PROVISIONS AS TO ACCUSED PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND PERSONS OF UNSOUND MIND 367. Procedure in case of accused 328. Procedure in case of accused being person of unsound mind. being lunatic 368. Procedure in case of person of 329. Procedure in case of person of unsound mind tried before Court. unsound mind tried before Court 369. Release of person of unsound 330. Release of person of unsound mind pending investigation or trial. mind pending investigation or trial. 370. Resumption of inquiry or trial. 331. Resumption of inquiry or trial. 371. Procedure on accused appearing 332. Procedure on accused appearing before Magistrate or Court. before Magistrate or Court.  P a g e | 38 372. When accused appears to have 333. When accused appears to have been of sound mind. been of sound mind. 373. Judgment of acquittal on ground 334. Judgment of acquittal on ground of unsoundness of mind. of unsoundness of mind. 374. Person acquitted on ground of 335. Person acquitted on ground of unsoundness of mind to be detained unsoundness of mind to be detained in safe custody. in safe custody. 375. Power of State Government to 336. Power of State Government to empower officer in charge to empower officer in charge to discharge. discharge. 376. Procedure where prisoner of 337. Procedure where lunatic unsound mind is reported capable of prisoner is reported capable of making his defence. making his defence. 377. Procedure where person of 338. Procedure where lunatic unsound mind detained is declared fit detained is declared fit to be to be released. released. 378. Delivery of person of unsound 339. Delivery of lunatic to care of mind to care of relative or friend. relative or friend. CHAPTER XXVIII CHAPTER XXVI PROVISIONS AS TO OFFENCES PROVISIONS AS TO OFFENCES AFFECTING THE AFFECTING THE ADMINISTRATION OF JUSTICE ADMINISTRATION OF JUSTICE 379. Procedure in cases mentioned in 340. Procedure in cases mentioned in section 215. section 195 380. Appeal. 341. Appeal. 381. Power to order costs. 342. Power to order costs. 382. Procedure of Magistrate taking 343. Procedure of Magistrate taking cognizance. cognizance. 383. Summary procedure for trial for 344. Summary procedure for trial for giving false evidence. giving false evidence. 384. Procedure in certain cases of 345. Procedure in certain cases of contempt. contempt. 385. Procedure where Court 346. Procedure where Court considers that case should not be considers that case should not be dealt with under section 384. dealt with under section 345. 386. When Registrar or Sub-Registrar 347. When Registrar or Sub-Registrar to be deemed a Civil Court. to be deemed a Civil Court. 387. Discharge of offender on 348. Discharge of offender on submission of apology. submission of apology. 388. Imprisonment or committal of 349. Imprisonment or committal of person refusing to answer or produce person refusing to answer or produce document. document. 389. Summary procedure for 350. Summary procedure for punishment for non-attendance by a punishment for non-attendance by a witness in obedience to summons. witness in obedience to summons. 390. Appeals from convictions under 351. Appeals from convictions under sections 383, 384, 388 and 389. sections 344, 345, 349 and 350. 391. Certain Judges and Magistrates 352. Certain Judges and Magistrates not to try certain offences when not to try certain offences when committed before themselves. committed before themselves.  P a g e | 39 Chapter XXIX Chapter XXVII THE JUDGMENT THE JUDGMENT 392. Judgment. 353. Judgment. 393. Language and contents of 354. Language and contents of judgment. judgment. DELETED 355. Metropolitan Magistrate's judgment. 394. Order for notifying address of 356. Order for notifying address of previously convicted offender. previously convicted offender. 395. Order to pay compensation. 357. Order to pay compensation. 396. Victim compensation scheme. 396(1) – 396(6) 357A. Victim compensation scheme. 396(7) 357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. 397. Treatment of victims. 357C. Treatment of victims. 398. Witness protection scheme. New Section 399. Compensation to persons 358. Compensation to persons groundlessly arrested. groundlessly arrested. 400. Order to pay costs in non- 359. Order to pay costs in non- cognizable cases. cognizable cases. 401. Order to release on probation of 360. Order to release on probation of good conduct or after admonition. good conduct