Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 Explorer

Explore, search, and navigate all 531 sections of India's updated Criminal Procedure Code (BNSS) simplified for citizens.

Understanding BNSS: The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the historic Code of Criminal Procedure (CrPC). It introduces digital filing, Zero FIR, timeline limits for trials, and audio-video recording of search and seizure operations.

Section 1: Short title, extent and commencement

(1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023. (2) The provisions of this Sanhita, other than ...

Section 2: Definitions

(1) In this Sanhita, unless the context otherwise requires,— (a) "audio-video electronic means" shall include use of any...

Section 3: Construction of references

(1) Unless the context otherwise requires, any reference in any law, to a Magistrate without any qualifying words, Magis...

Section 4: Trial of offences under BNS and other laws

(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise deal...

Section 5: Saving clause for special or local laws

Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or l...

Section 6: Classes of Criminal Courts in India

Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every Stat...

Section 7: Section 7 of the Act

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall,...

Section 8: Section 8 of the Act

(1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shal...

Section 9: Section 9 of the Act

(1) In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the se...

Section 10: Section 10 of the Act

(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Ma...

Section 11: order, direct

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or ha...

Section 12: Section 12 of the Act

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local lim...

Section 13: Magistrates subordinate to him

(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shal...

Section 14: powers of an Executive Magistrate

(1) In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and...

Section 15: Section 15 of the Act

The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not bel...

Section 16: every such Magistrate shall extend throughout the district

(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local lim...

Section 17: Executive Magistrates subordinate to him

(1) All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other tha...

Section 18: an advocate

(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, ...

Section 19: Section 19 of the Act

(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecu...

Section 20: OWER OF COURTS

(1) The State Government may establish,— (a) a Directorate of Prosecution in the State consisting of a Director of Prose...

Section 21: to be triable. Courts by which offences are triable

Subject to the other provisions of this Sanhita,— (a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried b...

Section 22: by the High Court

(1) A High Court may pass any sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any...

Section 23: not be entitled to any remuneration

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of im...

Section 24: Section 24 of the Act

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:...

Section 25: Section 25 of the Act

(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section...

Section 26: person so empowered

(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, ...

Section 27: Section 27 of the Act

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State ...

Section 28: Section 28 of the Act

(1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it un...

Section 29: Section 29 of the Act

(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or ...

Section 30: exercised by such officer within the limits of his station

Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout th...

Section 31: property

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid— (a) in the taking or preven...

Section 32: Section 32 of the Act

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such wa...

Section 33: Section 33 of the Act

(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable ...

Section 34: Section 34 of the Act

(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall fort...

Section 35: Section 35 of the Act

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits,...

Section 36: named by him to be informed of his arrest

Every police officer while making an arrest shall— (a) bear an accurate, visible and clear identification of his name wh...

Section 37: Section 37 of the Act

The State Government shall— (a) establish a police control room in every district and at State level; (b) designate a po...

Section 38: Section 38 of the Act

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice durin...

Section 39: Magistrate having jurisdiction

(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cogn...

Section 40: committed any offence, he shall be at once released

(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cogn...

Section 41: Section 41 of the Act

(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local juris...

Section 42: Section 42 of the Act

(1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forc...

Section 43: made

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of t...

Section 44: Section 44 of the Act

(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to beli...

Section 45: Section 45 of the Act

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue su...

Section 46: prevent his escape

The person arrested shall not be subjected to more restraint than is necessary to...

Section 47: Section 47 of the Act

(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full pa...

Section 48: complied with in respect of such arrested person

(1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regar...

Section 49: made by another female with strict regard to decency

(1) Whenever,— (i) a person is arrested by a police officer under a warrant which does not provide for the taking of bai...

Section 50: produce the person arrested

The police officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take ...

Section 51: State Medical Register under that Act

(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed u...

Section 52: Section 52 of the Act

(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are re...

Section 53: Section 53 of the Act

(1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a...

Section 54: recorded by any audio-video electronic means

Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is...

Section 55: person under section 35

(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requ...

Section 56: reasonable care of the health and safety of the accused

It shall be the duty of the person having the custody of an accused to take...

Section 57: of a police station

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein ...

Section 58: the Magistrate's Court, whether having jurisdiction or not

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circu...

Section 59: Section 59 of the Act

Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-division...

Section 60: Section 60 of the Act

No person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the s...

Section 61: having authority to arrest

(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may imm...

Section 62: ROCESSES TO COMPEL APPEARANCE A.—Summons

No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in ...

Section 63: bear the image of the seal of the Court or digital signature

Every summons issued by a Court under this Sanhita shall be,— (i) in writing, in duplicate, signed by the presiding offi...

Section 64: Section 64 of the Act

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this...

Section 65: Section 65 of the Act

(1) Service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary o...

Section 66: section

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one o...

Section 67: in such manner as it considers proper

If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the ...

Section 68: Section 68 of the Act

(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily...

Section 69: served

When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall o...

Section 70: attested and kept as a proof of service of summons

(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has...

Section 71: B.—Warrant of arrest

(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness...

Section 72: issued it, or until it is executed

(1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of...

Section 73: directed shall forward the bond to the Court

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant ...

Section 74: by all, or by any one or more of them

(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warran...

Section 75: Section 75 of the Act

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local...

Section 76: endorsed

A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon th...

Section 77: warrant

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be ...

Section 78: Section 78 of the Act

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to se...

Section 80: Section 80 of the Act

(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of ...

Section 81: the Court which issued it

(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the...

Section 82: district where the arrested person normally resides

(1) When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless ...

Section 83: Section 83 of the Act

(1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arreste...

Section 84: sub-section (1)

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has...

Section 85: Section 85 of the Act

(1) The Court issuing a proclamation under section 84 may, for reasons to be recorded in writing, at any time after the ...

Section 86: provided in Chapter VIII

The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commis...

Section 87: Section 87 of the Act

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, within...

Section 88: of the attachment, be delivered to him

(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releas...

Section 89: D.—Other rules regarding processes

Any person referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proc...

Section 90: excuse is offered for such failure

A Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, i...

Section 91: any other Court to which the case may be transferred for trial

When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or war...

Section 92: Section 92 of the Act

When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear...

Section 93: ROCESSES TO COMPEL THE PRODUCTION OF THINGS A.—Summons to produce

The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall,...

Section 94: custody of the postal authority

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document, elect...

Section 95: B.—Search-warrants

(1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate,...

Section 96: parcel or other thing in the custody of the postal authority

(1) Where— (a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition u...

Section 97: mentioned in clauses (a) to (f)

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after suc...

Section 98: Section 98 of the Act

(1) Where— (a) any newspaper, or book; or (b) any document, wherever printed, appears to the State Government to contain...

Section 99: Section 99 of the Act

(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfei...

Section 100: proper

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any pe...

Section 101: such force as may be necessary. C.—General provisions relating to searches

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpos...

Section 102: Section 102 of the Act

The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued un...

Section 103: section 222 of the Bharatiya Nyaya Sanhita, 2023

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in ...

Section 104: them to be taken to such Court. D.—Miscellaneous

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same...

Section 105: Section 105 of the Act

The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or...

Section 106: such sale

(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be fou...

Section 107: forfeited to the Government

(1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, direc...

Section 108: the search of which he is competent to issue a search-warrant

Any Magistrate may direct a search to be made in his presence of any place for...

Section 109: it under this Sanhita

Any Court may, if it thinks fit, impound any document or thing produced before...

Section 110: ATTACHMENT AND FORFEITURE OF PROPERTY

(1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said te...

Section 111: title or ownership of property

In this Chapter, unless the context otherwise requires,— (a) "contracting State" means any country or place outside Indi...

Section 112: Sanhita

(1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any of...

Section 113: Section 113 of the Act

(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to is...

Section 114: may direct in writing

(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend ...

Section 115: in force

(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obta...

Section 116: the said Court in this behalf

(1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, d...

Section 117: Section 117 of the Act

(1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property...

Section 118: Section 118 of the Act

(1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that ...

Section 119: served upon such other person

(1) If as a result of the inquiry, investigation or survey under section 116, the Court has reason to believe that all o...

Section 120: Government as the transferee of such shares

(1) The Court may, after considering the explanation, if any, to the show-cause notice issued under section 119 and the ...

Section 121: Section 121 of the Act

(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 a...

Section 122: deemed to be null and void

Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any ...

Section 123: Government may, by notification, specify in this behalf

Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summo...

Section 124: Section 124 of the Act

The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in rela...

Section 125: when exercising its powers of revision

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specifi...

Section 126: beyond such jurisdiction

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or distu...

Section 127: this behalf

(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within...

Section 128: exceeding one year, as the Magistrate thinks fit

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precaution...

Section 129: period, not exceeding three years, as the Magistrate thinks fit

When an Executive Magistrate receives information that there is within his local jurisdiction a person who— (a) is by ha...

Section 130: Section 130 of the Act

When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any p...

Section 131: Section 131 of the Act

If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desi...

Section 132: arrest

If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such pers...

Section 133: the same

Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, an...

Section 134: by an advocate

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show...

Section 135: was perverse

(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when a...

Section 136: shall be executed only by his sureties

If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the cas...

Section 137: Section 137 of the Act

If, on an inquiry under section 135, it is not proved that it is necessary for keeping the peace or maintaining good beh...

Section 138: Magistrate, for sufficient reason, fixes a later date

(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the ti...

Section 139: it may be committed, is a breach of the bond or bail bond

The bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as ...

Section 140: Section 140 of the Act

(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his pre...

Section 141: Magistrate in each case directs

(1) (a) If any person ordered to give security under section 125 or section 136 does not give such security on or before...

Section 142: appear or to be brought before it

(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the...

Section 143: RDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of sect...

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

(1) If any person having sufficient means neglects or refuses to maintain— (a) his wife, unable to maintain herself; or ...

Section 145: such order as to costs as may be just

(1) Proceedings under section 144 may be taken against any person in any district— (a) where he is; or (b) where he or h...

Section 146: of the said order

(1) On proof of a change in the circumstances of any person, receiving, under section 144 a monthly allowance for the ma...

Section 147: AINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.—Unlawful assemblies

A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be give...

Section 148: Section 148 of the Act

(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any ...

Section 149: such persons

(1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise be dispersed, and it is necessary for...

Section 150: as to whether he shall or shall not continue such action

When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated w...

Section 151: forces other than an officer. B.—Public nuisances

(1) No prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 sh...

Section 152: Section 152 of the Act

(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered ...

Section 153: person

(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for ...

Section 154: Section 154 of the Act

The person against whom such order is made shall— (a) perform, within the time and in the manner specified in the order,...

Section 155: Section 155 of the Act

If the person against whom an order is made under section 154 does not perform such act or appear and show cause, he sha...

Section 156: subsequent proceedings be permitted to make any such denial

(1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public...

Section 157: recorded in writing, to one hundred and twenty days

(1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistr...

Section 158: Section 158 of the Act

The Magistrate may, for the purposes of an inquiry under section 156 or section 157— (a) direct a local investigation to...

Section 159: paid

(1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate may— (a) furnish ...

Section 160: Section 160 of the Act

(1) When an order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same ...

Section 161: this section

(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent immin...

Section 162: C.—Urgent cases of nuisance or apprehended danger

A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police e...

Section 163: Power to issue order in urgent cases of nuisance or apprehended danger (Section 144 replacement)

(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistra...

Section 164: Magistrate to proceed under section 126

(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dis...

Section 165: Section 165 of the Act

(1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be o...

Section 166: Section 166 of the Act

(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a ...

Section 167: REVENTIVE ACTION OF THE POLICE

(1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magist...

Section 168: Section 168 of the Act

Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the co...

Section 169: any such offence

Every police officer receiving information of a design to commit any cognizable offence shall communicate such informati...

Section 170: time being in force

(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate a...

Section 171: Section 171 of the Act

A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any p...

Section 172: NFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

(1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his...

Section 173: Information in cognizable cases and online FIR (Zero FIR)

(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is ...

Section 174: are non-cognizable

(1) When information is given to an officer in charge of a police station of the commission within the limits of such st...

Section 175: Magistrate's power to order investigation

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case wh...

Section 176: Audio-video recording of search, seizure and forensic investigation

(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commi...

Section 177: transmit the same without delay to the Magistrate

(1) Every report sent to a Magistrate under section 176 shall, if the State Government so directs, be submitted through ...

Section 178: manner provided in this Sanhita

The Magistrate, on receiving a report under section 176, may direct an investigation, or, if he thinks fit, at once proc...

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

(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance befor...

Section 180: recorded, by a woman police officer or any woman officer

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the Stat...

Section 181: Section 181 of the Act

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if ...

Section 182: of section 183

(1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducem...

Section 183: Recording of confessions and statements before Magistrate

(1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, wh...

Section 184: section 51

(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is p...

Section 185: Section 185 of the Act

(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds...

Section 186: Section 186 of the Act

(1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an inv...

Section 187: Procedure when investigation cannot be completed in twenty-four hours

(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed w...

Section 188: station

When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such in...

Section 189: Section 189 of the Act

If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is no...

Section 190: Section 190 of the Act

(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there i...

Section 191: until the hearing of the case is completed

No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected...

Section 192: Section 192 of the Act

(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the invest...

Section 193: Section 193 of the Act

(1) Every investigation under this Chapter shall be completed without unnecessary delay. (2) The investigation in relati...

Section 194: Section 194 of the Act

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Governm...

Section 195: Section 195 of the Act

(1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for ...

Section 196: URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the neare...

Section 197: local jurisdiction it was committed

Every offence shall ordinarily be inquired into and tried by a Court within whose...

Section 198: Section 198 of the Act

(a) When it is uncertain in which of several local areas an offence was committed; or (b) where an offence is committed ...

Section 199: Section 199 of the Act

When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence m...

Section 200: jurisdiction either act was done

When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offen...

Section 201: having reason to believe it to be stolen property

(1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, m...

Section 202: Section 202 of the Act

(1) Any offence which includes cheating, may, if the deception is practised by means of electronic communications or let...

Section 203: Section 203 of the Act

When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is comm...

Section 204: of the offences

Where— (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each s...

Section 205: other law for the time being in force

Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any...

Section 206: Section 206 of the Act

Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to in...

Section 207: orders of the High Court

(1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has commit...

Section 208: sanction of the Central Government

When an offence is committed outside India— (a) by a citizen of India, whether on the high seas or elsewhere; or (b) by ...

Section 209: exhibits relate. CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the p...

Section 210: Section 210 of the Act

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class...

Section 211: Section 211 of the Act

When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, ...

Section 212: Section 212 of the Act

(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to...

Section 213: Sanhita

Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Sess...

Section 214: by special order, direct him to try

An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order...

Section 215: committed

(1) No Court shall take cognizance— (a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excl...

Section 216: under section 232 of the Bharatiya Nyaya Sanhita, 2023

A witness or any other person may file a complaint in relation to an offence...

Section 217: the powers referred to in sub-section (3) of section 174

(1) No Court shall take cognizance of— (a) any offence punishable under Chapter VII or under section 196, section 299 or...

Section 218: Section 218 of the Act

(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or wit...

Section 219: offence as they apply to the offence

(1) No Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Ny...

Section 220: Section 220 of the Act

No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upo...

Section 221: been filed or made by the wife against the husband

No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the ...

Section 222: OMPLAINTS TO MAGISTRATES

(1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023 excep...

Section 223: superior to such public servant is received

(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the comp...

Section 224: Section 224 of the Act

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,— (a) if the c...

Section 225: Section 225 of the Act

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has be...

Section 226: CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inqu...

Section 227: Section 227 of the Act

(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the...

Section 228: enforce such attendance in the manner hereinbefore provided

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of...

Section 229: Section 229 of the Act

(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under...

Section 230: furnished

In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no c...

Section 231: duly furnished

Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under sectio...

Section 232: Section 232 of the Act

When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and i...

Section 233: Sanhita. CHAPTER XVIII THE CHARGE A.—Form of charges

(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is mad...

Section 234: public servant. The charge should be in those words

(1) Every charge under this Sanhita shall state the offence with which the accused is charged. (2) If the law which crea...

Section 235: exceed one year

(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) a...

Section 236: Section 236 of the Act

When the nature of the case is such that the particulars mentioned in sections 234 and 235 do not give the accused suffi...

Section 237: Section 237 of the Act

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them resp...

Section 238: Section 238 of the Act

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state ...

Section 239: Section 239 of the Act

(1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or add...

Section 240: B.—Joinder of charges

Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accuse...

Section 241: grievous hurt

(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge sh...

Section 242: offence, when such an attempt is an offence

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from...

Section 243: Section 243 of the Act

(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committe...

Section 244: Section 244 of the Act

(1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which ...

Section 245: Section 245 of the Act

(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which cons...

Section 246: so to do, try all such persons together

The following persons may be charged and tried together, namely:— (a) persons accused of the same offence committed in t...

Section 247: RIAL BEFORE A COURT OF SESSION

When a charge containing more heads than one is framed against the same person, and when a conviction has been had on on...

Section 248: Public Prosecutor

In every trial before a Court of Session, the prosecution shall be conducted by a...

Section 249: Section 249 of the Act

When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or ...

Section 250: Section 250 of the Act

(1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the...

Section 251: the offence charged or claims to be tried

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming th...

Section 252: discretion, convict him thereon

If the accused pleads guilty, the Judge shall record the plea and may, in his...

Section 253: of any witness or the production of any document or other thing

If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Jud...

Section 254: for further cross-examination

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecu...

Section 255: Section 255 of the Act

If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on ...

Section 256: the ends of justice

(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any...

Section 257: such point of law

When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the...

Section 258: pass sentence on him according to law

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible...

Section 259: section 252 or section 258

In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused...

Section 260: RIAL OF WARRANT-CASES BY MAGISTRATES A.—Cases instituted on a police report

(1) A Court of Session taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accord...

Section 261: himself that he has complied with the provisions of section 230

When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the co...

Section 262: Section 262 of the Act

(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies ...

Section 263: Section 263 of the Act

(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for...

Section 264: discretion, convict him thereon

If the accused pleads guilty, the Magistrate shall record the plea and may, in his...

Section 265: Government

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accu...

Section 266: Section 266 of the Act

(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in...

Section 267: Section 267 of the Act

(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a M...

Section 268: Magistrate, he considers the charge to be groundless

(1) If, upon taking all the evidence referred to in section 267, the Magistrate considers, for reasons to be recorded, t...

Section 269: on the basis of the materials on record

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there...

Section 270: C.—Conclusion of trial

The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section ...

Section 271: Section 271 of the Act

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, h...

Section 272: accused

When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complain...

Section 273: RIAL OF SUMMONS-CASES BY MAGISTRATES

(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or m...

Section 274: discharge

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which ...

Section 275: Section 275 of the Act

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accuse...

Section 276: Section 276 of the Act

(1) Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appe...

Section 277: trial be deposited in Court

(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hea...

Section 278: is satisfied that the accused would not be prejudiced thereby

(1) If the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may,...

Section 279: where the non-appearance of the complainant is due to his death

(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day ...

Section 280: Section 280 of the Act

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate th...

Section 281: of discharge

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanc...

Section 282: UMMARY TRIALS

When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceedi...

Section 283: Section 283 of the Act

(1) Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first c...

Section 284: and any abetment of or attempt to commit any such offence

The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try su...

Section 285: the case of any conviction under this Chapter

(1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followe...

Section 286: Section 286 of the Act

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the followin...

Section 287: statement of the reasons for the finding

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of t...

Section 288: LEA BARGAINING

(1) Every such record and judgment shall be written in the language of the Court. (2) The High Court may authorise any M...

Section 289: affecting the socio-economic condition of the country

(1) This Chapter shall apply in respect of an accused against whom— (a) the report has been forwarded by the officer in ...

Section 290: sub-section (1)

(1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the d...

Section 291: Section 291 of the Act

In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall f...

Section 292: Section 292 of the Act

Where in a meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepar...

Section 293: punishment provided or extendable, for such offence

Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case ...

Section 294: the same shall be signed by the presiding officer of the Court

The Court shall deliver its judgment in terms of section 293 in the open Court and...

Section 295: Section 295 of the Act

The judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition u...

Section 296: to the disposal of a case in such Court under this Sanhita

A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect o...

Section 297: this Sanhita

The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the ...

Section 298: Public Prosecutor appointed under section 19

The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other ...

Section 299: Section 299 of the Act

Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused ...

Section 300: TTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and P...

Section 301: Section 301 of the Act

In this Chapter,— (a) "detained" includes detained under any law providing for preventive detention; (b) "prison" includ...

Section 302: considering such statement, decline to countersign the order

(1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, it appears to a Criminal Court,— (a) ...

Section 303: Section 303 of the Act

(1) The State Government or the Central Government, as the case may be, may, at any time, having regard to the matters s...

Section 304: Section 304 of the Act

Where the person in respect of whom an order is made under section 302— (a) is by reason of sickness or infirmity unfit ...

Section 305: which he was confined or detained

Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made unde...

Section 306: VIDENCE IN INQUIRIES AND TRIALS A.—Mode of taking and recording evidence

The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commi...

Section 307: Section 307 of the Act

The State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the St...

Section 308: Section 308 of the Act

Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken...

Section 309: record

(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in ...

Section 310: of the record

(1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be ...

Section 311: part of the record

(1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken d...

Section 312: the Court may dispense with such translation

In every case where evidence is taken down under section 310 or section 311,— (a) if the witness gives evidence in the l...

Section 313: Section 313 of the Act

(1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in...

Section 314: of the Court to interpret as much thereof as appears necessary

(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it...

Section 315: such witness whilst under examination

When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) ...

Section 316: person in the course of a summary trial

(1) Whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such examination, includi...

Section 317: of such evidence or statement

When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or stateme...

Section 318: rule. B.—Commissions for the examination of witnesses

Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of th...

Section 319: Section 319 of the Act

(1) Whenever, in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magis...

Section 320: Section 320 of the Act

(1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chie...

Section 321: Section 321 of the Act

Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall...

Section 322: witness

(1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interr...

Section 323: stage of the case before another Court

(1) After any commission issued under section 319 has been duly executed, it shall be returned, together with the deposi...

Section 324: execution and return of the commission

In every case in which a commission is issued under section 319, the inquiry, trial or other proceeding may be adjourned...

Section 325: Section 325 of the Act

(1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission ...

Section 326: deposition

(1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of th...

Section 327: report

(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a p...

Section 328: of the examination of the matter or thing

(1) Any document purporting to be a report under the hand of a gazetted officer of any Mint or of any Note Printing Pres...

Section 329: Government or the Central Government for this purpose

(1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies...

Section 330: Section 330 of the Act

(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such docume...

Section 331: Section 331 of the Act

When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, an...

Section 332: Section 332 of the Act

(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all...

Section 333: struck out or amended

(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before— (a) any Judge or Judicial...

Section 334: the person so convicted or acquitted

In any inquiry, trial or other proceeding under this Sanhita, a previous conviction or acquittal may be proved, in addit...

Section 335: Section 335 of the Act

(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the ...

Section 336: ENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used ...

Section 337: Section 337 of the Act

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of s...

Section 338: in the case

(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written au...

Section 339: Section 339 of the Act

(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a...

Section 340: his choice

Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita,...

Section 341: trials before Courts of Session

(1) Where, in a trial or appeal before a Court, the accused is not represented by an advocate, and where it appears to t...

Section 342: question shall be determined by the Court

(1) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registe...

Section 343: shall try the case himself

(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or pri...

Section 344: Section 344 of the Act

At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, wit...

Section 345: Section 345 of the Act

(1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public P...

Section 346: Section 346 of the Act

(1) In every inquiry or trial the proceedings shall be continued from day-to-day basis until all the witnesses in attend...

Section 347: shall be furnished to him free of cost

(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties...

Section 348: appears to it to be essential to the just decision of the case

Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness...

Section 349: Section 349 of the Act

If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this San...

Section 350: Section 350 of the Act

Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part ...

Section 351: Section 351 of the Act

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing...

Section 352: relevant, regulate such arguments

(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, a...

Section 353: Section 353 of the Act

(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give e...

Section 354: or withhold any matter within his knowledge

Except as provided in sections 343 and 344, no influence, by means of any promise or threat or otherwise, shall be used ...

Section 355: includes attendance through audio-video electronic means

(1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be r...

Section 356: absconder mentioned in sub-section (1) of section 84

(1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person de...

Section 357: Section 357 of the Act

If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed...

Section 358: upon which the inquiry or trial was commenced

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not ...

Section 359: Section 359 of the Act

(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 specified in the first two columns o...

Section 360: Withdrawal from prosecution

The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time...

Section 361: the accused for trial

(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appear...

Section 362: apply to the commitment so made

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings bef...

Section 363: Section 363 of the Act

(1) Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyay...

Section 364: Section 364 of the Act

(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accuse...

Section 365: superior Magistrate under section 364

(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inqui...

Section 366: ROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

(1) The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deeme...

Section 367: accused in the manner provided under section 369

(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is...

Section 368: Section 368 of the Act

(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that su...

Section 369: Section 369 of the Act

(1) Whenever a person if found under section 367 or section 368 to be incapable of entering defence by reason of unsound...

Section 370: be receivable in evidence

(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case m...

Section 371: Section 371 of the Act

(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate ...

Section 372: Section 372 of the Act

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the e...

Section 373: Section 373 of the Act

Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, ...

Section 374: under sub-section (1)

(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom o...

Section 375: Section 375 of the Act

The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of...

Section 376: evidence

If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in ...

Section 377: may order his release or detention as it thinks fit

(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-G...

Section 378: ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires th...

Section 379: Section 379 of the Act

(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in th...

Section 380: Section 380 of the Act

(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section ...

Section 381: as may be just

Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380...

Section 382: Section 382 of the Act

(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained ...

Section 383: application for revision

(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session ...

Section 384: Section 384 of the Act

(1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bh...

Section 385: Section 385 of the Act

(1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and commi...

Section 386: meaning of sections 384 and 385

When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908, sha...

Section 387: satisfaction

When any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Mag...

Section 388: according to the provisions of section 384 or section 385

If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions ...

Section 389: procedure prescribed for summary trials

(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and ti...

Section 390: situate

(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 38...

Section 391: HE JUDGMENT

Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other than a Judge of a High Court) ...

Section 392: provisions of section 511

(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the ...

Section 393: Section 393 of the Act

(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,— (a) shall be wri...

Section 394: Section 394 of the Act

(1) When any person, having been convicted by a Court in India of an offence punishable with imprisonment for a term of ...

Section 395: under this section

(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, th...

Section 396: Section 396 of the Act

(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for t...

Section 397: police of such incident

All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other...

Section 398: for the State with a view to ensure protection of the witnesses

Every State Government shall prepare and notify a Witness Protection Scheme...

Section 399: unless such sum is sooner paid

(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the ca...

Section 400: Section 400 of the Act

(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, i...

Section 401: Section 401 of the Act

(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with impri...

Section 402: Section 402 of the Act

Where in any case the Court could have dealt with,— (a) an accused person under section 401 or under the provisions of t...

Section 403: Section 403 of the Act

Save as otherwise provided by this Sanhita or by any other law for the time being in force, no Court, when it has signed...

Section 404: may, by such rules, provide

(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of ...

Section 405: record

The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language...

Section 406: UBMISSION OF DEATH SENTENCES FOR CONFIRMATION

In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be,...

Section 407: under a warrant

(1) When the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court...

Section 408: Section 408 of the Act

(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additi...

Section 409: period, until such appeal is disposed of

In any case submitted under section 407, the High Court— (a) may confirm the sentence, or pass any other sentence warran...

Section 410: be made, passed and signed by at least two of them

In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, sha...

Section 411: Section 411 of the Act

Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be ...

Section 412: PPEALS

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper off...

Section 413: Section 413 of the Act

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any othe...

Section 414: or sub-section (4) of section 141

Any person,— (i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; or...

Section 415: date of filing of such appeal

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal ...

Section 416: class, except as to the extent or legality of the sentence

Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea,...

Section 417: case

Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, n...

Section 418: date of filing of such appeal

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held b...

Section 419: under sub-section (1) or under sub-section (2)

(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the D...

Section 420: Section 420 of the Act

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced...

Section 421: appeal

Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgm...

Section 422: Section 422 of the Act

(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by ...

Section 423: against

Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every su...

Section 424: such petition and copies to the proper Appellate Court

If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer i...

Section 425: Section 425 of the Act

(1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the App...

Section 426: support of any other ground

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which s...

Section 427: Section 427 of the Act

After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he app...

Section 428: brought up, or required to attend, to hear judgment delivered

The rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply, so far ...

Section 429: necessary, the record shall be amended in accordance therewith

(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to...

Section 430: the term for which he is so sentenced

(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, orde...

Section 431: Section 431 of the Act

When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested...

Section 432: Chapter XXV, as if it were an inquiry

(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary...

Section 433: re-heard and decided by a larger Bench of Judges

When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the...

Section 434: the same case

Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in sec...

Section 435: EFERENCE AND REVISION

(1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused. (2) Every other appea...

Section 436: Section 436 of the Act

(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordina...

Section 437: Section 437 of the Act

(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause...

Section 438: entertained by the other of them

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Crimi...

Section 439: showing cause why such direction should not be made

On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judici...

Section 440: shall be entertained by the High Court or any other Court

(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise al...

Section 441: Section 441 of the Act

An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respec...

Section 442: petition of appeal and deal with the same accordingly

(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its know...

Section 443: of by the Sessions Judge

(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and ...

Section 444: either personally or by an advocate

Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advo...

Section 445: RANSFER OF CRIMINAL CASES

When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided ...

Section 446: the case

(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of jus...

Section 447: under section 218

(1) Whenever it is made to appear to the High Court— (a) that a fair and impartial inquiry or trial cannot be had in any...

Section 448: were substituted

(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of ...

Section 449: hearing, as the case may be

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chie...

Section 450: cases himself

(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistra...

Section 451: Section 451 of the Act

Any District Magistrate or Sub-divisional Magistrate may— (a) make over, for disposal, any proceeding which has been sta...

Section 452: XECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.—Death sentences

A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record h...

Section 453: taking such other steps as may be necessary

When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives th...

Section 454: be carried into effect by issuing a warrant

When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving ...

Section 455: considers sufficient to enable him to present such petition

(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court und...

Section 456: commute the sentence to imprisonment for life. B.—Imprisonment

If a woman sentenced to death is found to be pregnant, the High Court shall...

Section 457: Section 457 of the Act

(1) Except when otherwise provided by any law for the time being in force, the State Government may direct in what place...

Section 458: Section 458 of the Act

(1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those prov...

Section 459: Section 459 of the Act

Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or ...

Section 460: jailor. C.—Levy of fine

When the prisoner is to be confined in a jail, the warrant shall be lodged with the...

Section 461: the offender

(1) When an offender has been sentenced to pay a fine, but no such payment has been made, the Court passing the sentence...

Section 462: Section 462 of the Act

A warrant issued under clause (a) of sub-section (1) of section 461 by any Court may be executed within the local jurisd...

Section 463: Section 463 of the Act

Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an offender has been sent...

Section 464: D.—General provisions regarding execution

(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine...

Section 465: Section 465 of the Act

Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, o...

Section 466: Section 466 of the Act

(1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sen...

Section 467: Section 467 of the Act

(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment ...

Section 468: Section 468 of the Act

Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default...

Section 469: Section 469 of the Act

(1) Nothing in section 466 or section 467 shall be held to excuse any person from any part of the punishment to which he...

Section 470: the manner in which the sentence has been executed

When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is...

Section 471: Section 471 of the Act

Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of whic...

Section 472: inquired into in any Court

(1) A convict under the sentence of death or his legal heir or any other relative may, if he has not already submitted a...

Section 473: sentenced or the said order is passed

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, withou...

Section 474: to which that person might have been sentenced

The appropriate Government may, without the consent of the person sentenced, commute— (a) a sentence of death, for impri...

Section 475: Section 475 of the Act

Notwithstanding anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of...

Section 476: Section 476 of the Act

The powers conferred by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be e...

Section 477: ROVISIONS AS TO BAIL AND BONDS

(1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case w...

Section 478: Special powers of High Court or Sessions Court regarding bail

(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an ...

Section 479: the release of such person on bail

(1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any ...

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

(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained with...

Section 481: section 491 shall apply

(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Cour...

Section 482: Special power of Sessions Court or High Court regarding anticipatory bail

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable of...

Section 483: Section 483 of the Act

(1) A High Court or Court of Session may direct,— (a) that any person accused of an offence and in custody be released o...

Section 484: officer or Magistrate be reduced

(1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case...

Section 485: fitness

(1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as ...

Section 486: Section 486 of the Act

Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as ...

Section 487: Section 487 of the Act

(1) As soon as the bond or bail bond has been executed, the person for whose appearance it has been executed shall be re...

Section 488: sureties, and, on his failing so to do, may commit him to jail

If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insuffic...

Section 489: and, if he fails to do so, may commit him to jail

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magist...

Section 490: officer may fix in lieu of executing such bond

When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in...

Section 491: Section 491 of the Act

(1) Where,— (a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is pro...

Section 492: sufficient

Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a ...

Section 493: Section 493 of the Act

When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the pro...

Section 494: only

When the person required by any Court, or officer to execute a bond is a child, such Court or officer may accept, in lie...

Section 495: appeal lies from an order made by such Court

All orders passed under section 491 shall be appealable,— (i) in the case of an order made by a Magistrate, to the Sessi...

Section 496: ISPOSAL OF PROPERTY

The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendan...

Section 497: property in the manner specified hereinafter

(1) When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the...

Section 498: conversion or exchange, whether immediately or otherwise

(1) When an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such...

Section 499: months from the date of such order

When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is...

Section 500: sub-section (1) was made

(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against ...

Section 501: Section 501 of the Act

(1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sa...

Section 502: Section 502 of the Act

(1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and ...

Section 503: date of such proclamation

(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanh...

Section 504: lie from convictions by the Magistrate

(1) If no person within such period establishes his claim to such property, and if the person in whose possession such p...

Section 505: RREGULAR PROCEEDINGS

If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and...

Section 506: the ground of his not being so empowered

If any Magistrate not empowered by law to do any of the following things, namely:— (a) to issue a search-warrant under s...

Section 507: his proceedings shall be void

If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:— (a) attaches an...

Section 508: Irregularities which vitiate proceedings. Proceedings in wrong place

No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or o...

Section 509: Section 509 of the Act

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorde...

Section 510: the conviction

(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that...

Section 511: should have been raised at an earlier stage in the proceedings

(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent juris...

Section 512: IMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespas...

Section 513: Section 513 of the Act

For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specifi...

Section 514: information under section 173

(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified...

Section 515: shall be excluded

(1) The period of limitation, in relation to an offender, shall commence,— (a) on the date of the offence; or (b) where ...

Section 516: shall be excluded

(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence anot...

Section 517: Section 517 of the Act

Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on wh...

Section 518: at every moment of the time during which the offence continues

In the case of a continuing offence, a fresh period of limitation shall begin to run...

Section 519: ISCELLANEOUS

Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offe...

Section 520: observe if it were trying the case

When an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, obse...

Section 521: matter pending before the Court-martial

(1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950, the Army Act, 1950, ...

Section 522: sufficient

Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such...

Section 523: Section 523 of the Act

(1) Every High Court may, with the previous approval of the State Government, make rules— (a) as to the persons who may ...

Section 524: references to a Judicial Magistrate of the first class

If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the...

Section 525: Section 525 of the Act

No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or com...

Section 526: Section 526 of the Act

No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within ...

Section 527: Section 527 of the Act

A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not pur...

Section 528: Inherent powers of the High Court (Quashing of cases)

Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as ...

Section 529: and proper disposal of cases by the Judges and Magistrates

Every High Court shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates sub...

Section 530: electronic means

All trials, inquires and proceedings under this Sanhita, including— (i) issuance, service and execution of summons and w...

Section 531: (Seal of the Court)(Signature)

(1) The Code of Criminal Procedure, 1973 is hereby repealed. (2) Notwithstanding such repeal— (a) if, immediately before...