Central · Act 46 of 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023

An Act to consolidate and amend the law relating to Criminal Procedure.

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आधिकारिक दस्तावेज़ / Official document

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A2023-46.pdf

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About this act

Jurisdiction
Central
Enactment date
2023-12-25
Sections available
531

Commencement information from the source

01-07-2024

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1Short title, extent and commencement.→2Definitions.→3Construction of references.→4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.→5Saving.→6Classes of Criminal Courts.→7Territorial divisions.→8Court of Session.→9Courts of Judicial Magistrates.→10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.→11Special Judicial Magistrates.→12Local Jurisdiction of Judicial Magistrates.→13Subordination of Judicial Magistrates.→14Executive Magistrates.→15Special Executive Magistrates.→16Local Jurisdiction of Executive.→17Subordination of Executive Magistrates.→18Public Prosecutors.→19Assistant Public Prosecutors.→20Directorate of Prosecution.→21Courts by which offences are triable.→22Sentences which High Courts and Sessions Judges may pass.→23Sentences which Magistrates may pass.→24Sentence of imprisonment in default of fine.→25Sentence in cases of conviction of several offences at one trial.→26Mode of conferring powers.→27Powers of officers appointed.→28Withdrawal of powers.→29Powers of Judges and Magistrates exercisable by their successors-in-office.→30Powers of superior officers of police.→31Public when to assist Magistrates and police.→32Aid to person, other than police officer, executing warrant.→33Public to give information of certain offences.→34Duty of officers employed in connection with affairs of a village to make certain report.→35When police may arrest without warrant.→36Procedure of arrest and duties of officer making arrest.→37Designated police officer.→38Right of arrested person to meet an advocate of his choice during interrogation.→39Arrest on refusal to give name and residence.→40Arrest by private person and procedure on such arrest.→41Arrest by Magistrate.→42Protection of members of Armed Forces from arrest.→43Arrest how made.→44Search of place entered by person sought to be arrested.→45Pursuit of offenders into other jurisdictions.→46No unnecessary restraint.→47Person arrested to be informed of grounds of arrest and of right to bail.→48Obligation of person making arrest to inform about arrest, etc., to relative or friend.→49Search of arrested person.→50Power to seize offensive weapons.→51Examination of accused by medical practitioner at request of police officer.→52Examination of person accused of rape by medical practitioner.→53Examination of arrested person by medical officer.→54Identification of person arrested.→55Procedure when police officer deputes subordinate to arrest without warrant.→56Health and safety of arrested person.→57Person arrested to be taken before Magistrate or officer in charge of police station.→58Person arrested not to be detained more than twenty-four hours.→59Police to report apprehensions.→60Discharge of person apprehended.→61Power, on escape, to pursue and retake.→62Arrest to be made strictly according to Sanhita.→63Form of summons.→64Summons how served.→65Service of summons on corporate bodies, firms, and societies.→66Service when persons summoned cannot be found.→67Procedure when service cannot be effected as before provided.→68Service on Government servant.→69Service of summons outside local limits.→70Proof of service in such cases and when serving officer not present.→71Service of summons on witness.→72Form of warrant of arrest and duration.→73Power to direct security to be taken.→74Warrants to whom directed.→75Warrant may be directed to any person.→76Warrant directed to police officer.→77Notification of substance of warrant.→78Person arrested to be brought before Court without delay.→79Where warrant may be executed.→80Warrant forwarded for execution outside jurisdiction.→81Warrant directed to police officer for execution outside jurisdiction.→82Procedure on arrest of person against whom warrant issued.→83Procedure by Magistrate before whom such person arrested is brought.→84Proclamation for person absconding.→85Attachment of property of person absconding.→86Identification and attachment of property of proclaimed person.→87Claims and objections to attachment.→88Release, sale and restoration of attached property.→89Appeal from order rejecting application for restoration of attached property.→90Issue of warrant in lieu of, or in addition to, summons.→91Power to take bond or bail bond for appearance.→92Arrest on breach of bond or bail bond for appearance.→93Provisions of this Chapter generally applicable to summons and warrants of arrest.→94Summons to produce document or other thing.→95Procedure as to letters.→96When search-warrant may be issued.→97Search of place suspected to contain stolen property, forged documents, etc.→98Power to declare certain publications forfeited and to issue search-warrants for same.→99Application to High Court to set aside declaration of forfeiture.→100Search for persons wrongfully confined.→101Power to compel restoration of abducted females.→102Direction, etc., of search-warrants.→103Persons in charge of closed place to allow search.→104Disposal of things found in search beyond jurisdiction.→105Recording of search and seizure through audio video electronic means..→106Power of police officer to seize certain property.→107Attachment, forfeiture or restoration of property.→108Magistrate may direct search in his presence.→109Power to impound document, etc., produced.→110Reciprocal arrangements regarding processes.→111Definitions.→112Letter of request to competent authority for investigation in a country or place outside India.→113Letter of request from a country or place outside India to a Court or an authority for investigation in India.→114Assistance in securing transfer of persons.→115Assistance in relation to orders of attachment or forfeiture of property.→116Identifying unlawfully acquired property.→117Seizure or attachment of property.→118Management of properties seized or forfeited under this Chapter.→119Notice of forfeiture of property.→120Forfeiture of property in certain cases.→121Fine in lieu of forfeiture.→122Certain transfers to be null and void.→123Procedure in respect of letter of request.→124Application of this Chapter.→125Security for keeping peace on conviction.→126Security for keeping peace in other cases.→127Security for good behaviour from persons disseminating certain matters.→128Security for good behaviour from suspected persons.→129Security for good behaviour from habitual offenders.→130Order to be made.→131Procedure in respect of person present in Court.→132Summons or warrant in case of person not so present.→133Copy of order to accompany summons or warrant.→134Power to dispense with personal attendance.→135Inquiry as to truth of information.→136Order to give security.→137Discharge of person informed against.→138Commencement of period for which security is required.→139Contents of bond.→140Power to reject sureties.→141Imprisonment in default of security.→142Power to release persons imprisoned for failing to give security.→143Security for unexpired period of bond.→144Order for maintenance of wives, children and parents.→145Procedure.→146Alteration in allowance.→147Enforcement of order of maintenance.→148Dispersal of assembly by use of civil force.→149Use of armed forces to disperse assembly.→150Power of certain armed force officers to disperse assembly.→151Protection against prosecution for acts done under sections 148, 149 and 150.→152Conditional order for removal of nuisance.→153Service or notification of order.→154Person to whom order is addressed to obey or show cause.→155Penalty for failure to comply with section 154.→156Procedure where existence of public right is denied.→157Procedure where person against whom order is made under section 152 appears to show-cause.→158Power of Magistrate to direct local investigation and examination of an expert.→159Power of Magistrate to furnish written instructions, etc.→160Procedure on order being made absolute and consequences of disobedience.→161Injunction pending inquiry.→162Magistrate may prohibit repetition or Continuance of public nuisance.→163Power to issue order in urgent cases of nuisance or apprehended danger.→164Procedure where dispute concerning land or water is likely to cause breach of peace.→165Power to attach subject of dispute and to appoint receiver.→166Dispute concerning right of use of land or water.→167Local inquiry.→168Police to prevent cognizable offences.→169Information of design to commit cognizable offences.→170Arrest to prevent commission of cognizable offences.→171Prevention of injury to public property.→172Persons bound to conform to lawful directions of police→173Information in cognizable cases.→174Information as to non-cognizable cases and investigation of such cases.→175Police officer’s power to investigate cognizable case.→176Procedure for investigation.→177Report how submitted.→178Power to hold investigation or preliminary inquiry.→179Police officer's power to require attendance of witnesses.→180Examination of witnesses by police.→181Statements to police and use thereof.→182No inducement to be offered.→183Recording of confessions and statements.→184Medical examination of victim of rape.→185Search by police officer.→186When officer in charge of police station may require another to issue search-warrant.→187Procedure when investigation cannot be completed in twenty-four hours.→188Report of investigation by subordinate police officer.→189Release of accused when evidence deficient.→190Cases to be sent to Magistrate, when evidence is sufficient.→191Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.→192Diary of proceedings in investigation.→193Report of police officer on completion of investigation.→194Police to enquire and report on suicide, etc.→195Power to summon persons.→196Inquiry by Magistrate into cause of death.→197Ordinary place of inquiry and trial.→198Place of inquiry or trial.→199Offence triable where act is done or consequence ensues.→200Place of trial where act is an offence by reason of relation to other offence.→201Place of trial in case of certain offences.→202Offences committed by means of electronic communications, letters, etc.→203Offence committed on journey or voyage.→204Place of trial for offences triable together.→205Power to order cases to be tried in different sessions divisions.→206High Court to decide, in case of doubt, district where inquiry or trial shall take place.→207Power to issue summons or warrant for offence committed beyond local jurisdiction.→208Offence committed outside India.→209Receipt of evidence relating to offences committed outside India.→210Cognizance of offences by Magistrate.→211Transfer on application of accused.→212Making over of cases to Magistrates.→213Cognizance of offences by Court of Session.→214Additional 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.→216Procedure for witnesses in case of threatening, etc.→217Prosecution for offences against State and for criminal conspiracy to commit such offence.→218Prosecution of Judges and public servants.→219Prosecution for offences against marriage.→220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.→221Cognizance of offence.→222Prosecution for defamation.→223Examination of complainant.→224Procedure by Magistrate not competent to take cognizance of case.→225Postponement of issue of process.→226Dismissal of complaint.→227Issue of process.→228Magistrate may dispense with personal attendance of accused.→229Special summons in cases of petty offence.→230Supply to accused of copy of police report and other documents.→231Supply of copies of statements and documents to accused in other cases triable by Court of Session.→232Commitment of case to Court of Session when offence is triable exclusively by it.→233Procedure to be followed when there is a complaint case and police investigation in respect of same offence.→234Contents of charge.→235Particulars as to time, place and person.→236When manner of committing offence must be stated.→237Words in charge taken in sense of law under which offence is punishable.→238Effect of errors.→239Court may alter charge.→240Recall of witnesses when charge altered.→241Separate charges for distinct offences.→242Offences of same kind within year may be charged together.→243Trial for more than one offence.→244Where it is doubtful what offence has been committed.→245When offence proved included in offence charged.→246What persons may be charged jointly.→247Withdrawal of remaining charges on conviction on one of several charges.→248Trial to be conducted by Public Prosecutor.→249Opening case for prosecution.→250Discharge.→251Framing of charge.→252Conviction on plea of guilty.→253Date for prosecution evidence.→254Evidence for prosecution.→255Acquittal.→256Entering upon defence.→257Arguments.→258Judgment of acquittal or conviction.→259Previous conviction.→260Procedure in cases instituted under sub-section (2) of section 222.→261Compliance with section 230.→262When accused shall be discharged.→263Framing of charge.→264Conviction on plea of guilty.→265Evidence for prosecution.→266Evidence for defence.→267Evidence for prosecution.→268When accused shall be discharged.→269Procedure where accused is not discharged.→270Evidence for defence.→271Acquittal or conviction.→272Absence of complainant.→273Compensation for accusation without reasonable cause.→274Substance of accusation to be stated.→275Conviction on plea of guilty.→276Conviction on plea of guilty in absence of accused in petty cases.→277Procedure when not convicted.→278Acquittal or conviction.→279Non-appearance or death of complainant.→280Withdrawal of complaint.→281Power to stop proceedings in certain cases.→282Power of Court to convert summons-cases into warrant-cases.→283Power to try summarily.→284Summary trial by Magistrate of second class.→285Procedure for summary trials.→286Record in summary trials.→287Judgment in cases tried summarily.→288Language of record and judgment.→289Application of Chapter.→290Application for plea bargaining.→291Guidelines for mutually satisfactory disposition.→292Report of mutually satisfactory disposition to be submitted before Court.→293Disposal of case.→294Judgment of Court.→295Finality of judgment.→296Power of Court in plea bargaining.→297Period of detention undergone by accused to be set off against sentence of imprisonment.→298Savings.→299Statements of accused not to be used.→300Non-application of Chapter.→301Definitions.→302Power to require attendance of prisoners.→303Power of State Government or Central Government to exclude certain persons from operation of section 302.→304Officer in charge of prison to abstain from carrying out order in certain contingencies.→305Prisoner to be brought to Court in custody.→306Power to issue commission for examination of witness in prison.→307Language of Courts.→308Evidence to be taken in presence of accused.→309Record in summons-cases and inquiries.→310Record in warrant-cases.→311Record in trial before Court of Session.→312Language of record of evidence.→313Procedure in regard to such evidence when completed.→314Interpretation of evidence to accused or his advocate.→315Remarks respecting demeanour of witness.→316Record of examination of accused.→317Interpreter to be bound to interpret truthfully.→318Record in High Court.→319When attendance of witness may be dispensed with and commission issued.→320Commission to whom to be issued.→321Execution of commissions.→322Parties may examine witnesses.→323Return of commission.→324Adjournment of proceeding.→325Execution of foreign commissions.→326Deposition of medical witness.→327Identification report of Magistrate.→328Evidence of officers of Mint.→329Reports of certain Government scientific experts.→330No formal proof of certain documents.→331Affidavit in proof of conduct of public servants.→332Evidence of formal character on affidavit.→333Authorities before whom affidavits may be sworn.→334Previous conviction or acquittal how proved.→335Record of evidence in absence of accused.→336Evidence of public servants, experts, police officers in certain cases.→337Person once convicted or acquitted not to be tried for same offence.→338Appearance by Public Prosecutors.→339Permission to conduct prosecution.→340Right of person against whom proceedings are instituted to be defended.→341Legal aid to accused at State expense in certain cases.→342Procedure when corporation or registered society is an accused.→343Tender of pardon to accomplice.→344Power to direct tender of pardon.→345Trial of person not complying with conditions of pardon.→346Power to postpone or adjourn proceedings.→347Local inspection.→348Power to summon material witness, or examine person present.→349Power of Magistrate to order person to give specimen signatures or handwriting, etc.→350Expenses of complainants and witnesses.→351Power to examine accused.→352Oral arguments and memorandum of arguments.→353Accused person to be competent witness.→354No influence to be used to induce disclosure.→355Provision for inquiries and trial being held in absence of accused in certain cases.→356Inquiry, trial or judgment in absentia of proclaimed offender.→357Procedure where accused does not understand proceedings.→358Power to proceed against other persons appearing to be guilty of offence.→359Compounding of offences.→360Withdrawal from prosecution.→361Procedure in cases which Magistrate cannot dispose of.→362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.→363Trial of persons previously convicted of offences against coinage, stamp-law or property.→364Procedure when Magistrate cannot pass sentence sufficiently severe.→365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.→366Court to be open.→367Procedure in case of accused being person of unsound mind.→368Procedure in case of person of unsound mind tried before Court.→369Release of person of unsound mind pending investigation or trial.→370Resumption of inquiry or trial.→371Procedure on accused appearing before Magistrate or Court.→372When accused appears to have been of sound mind.→373Judgment of acquittal on ground of unsoundness of mind.→374Person acquitted on ground of unsoundness of mind to be detained in safe custody.→375Power of State Government to empower officer in charge to discharge.→376Procedure where prisoner of unsound mind is reported capable of making his defence.→377Procedure where person of unsound mind detained is declared fit to be released.→378Delivery of person of unsound mind to care of relative or friend.→379Procedure in cases mentioned in section 215.→380Appeal.→381Power to order costs.→382Procedure of Magistrate taking cognizance.→383Summary procedure for trial for giving false evidence.→384Procedure in certain cases of contempt.→385Procedure where Court considers that case should not be dealt with under section 384.→386When Registrar or Sub-Registrar to be deemed a Civil Court.→387Discharge of offender on submission of apology.→388Imprisonment or committal of person refusing to answer or produce document.→389Summary procedure for punishment for non-attendance by a witness in obedience to summons.→390Appeals from convictions under sections 383, 384, 388 and 389.→391Certain Judges and Magistrates not to try certain offences when committed before themselves.→392Judgment.→393Language and contents of judgment.→394Order for notifying address of previously convicted offender.→395Order to pay compensation.→396Victim compensation scheme.→397Treatment of victims.→398Witness protection scheme.→399Compensation to persons groundlessly arrested.→400Order to pay costs in non-cognizable cases.→401Order to release on probation of good conduct or after admonition.→402Special reasons to be recorded in certain cases.→403Court not to alter judgment.→404Copy of judgment to be given to accused and other persons.→405Judgment when to be translated.→406Court of Session to send copy of finding and sentence to District Magistrate.→407Sentence of death to be submitted by Court of Session for confirmation.→408Power to direct further inquiry to be made or additional evidence to be taken.→409Power of High Court to confirm sentence or annul conviction.→410Confirmation or new sentence to be signed by two Judges.→411Procedure in case of difference of opinion.→412Procedure in cases submitted to High Court for confirmation.→413No appeal to lie unless otherwise provided.→414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior.→415Appeals from convictions.→416No appeal in certain cases when accused pleads guilty.→417No appeal in petty cases.→418Appeal by State Government against sentence.→419Appeal in case of acquittal.→420Appeal against conviction by High Court in certain cases.→421Special right of appeal in certain cases.→422Appeal to Court of Session how heard.→423Petition of appeal.→424Procedure when appellant in jail.→425Summary dismissal of appeal.→426Procedure for hearing appeals not dismissed summarily.→427Powers of Appellate Court.→428Judgments of subordinate Appellate Court.→429Order of High Court on appeal to be certified to lower Court.→430Suspension of sentence pending appeal; release of appellant on bail.→431Arrest of accused in appeal from acquittal.→432Appellate Court may take further evidence or direct it to be taken.→433Procedure where Judges of Court of appeal are equally divided.→434Finality of judgments and orders on appeal.→435Abatement of appeals.→436Reference to High Court.→437Disposal of case according to decision of High Court.→438Calling for records to exercise powers of revision.→439Power to order inquiry.→440Sessions Judge's powers of revision.→441Power of Additional Sessions Judge.→442High Court's powers of revision.→443Power of High Court to withdraw or transfer revision cases.→444Option of Court to hear parties.→445High Court's order to be certified to lower Court.→446Power of Supreme Court to transfer cases and appeals.→447Power of High Court to transfer cases and appeals.→448Power of Sessions Judge to transfer cases and appeals.→449Withdrawal of cases and appeals by Sessions Judges.→450Withdrawal of cases by Judicial Magistrates.→451Making over or withdrawal of cases by Executive Magistrates.→452Reasons to be recorded.→453Execution of order passed under section 409.→454Execution of sentence of death passed by High Court.→455Postponement of execution of sentence of death in case of appeal to Supreme Court.→456Commutation of sentence of death on pregnant woman.→457Power to appoint place of imprisonment.→458Execution of sentence of imprisonment.→459Direction of warrant for execution.→460Warrant with whom to be lodged.→461Warrant for levy of fine.→462Effect of such warrant.→463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.→464Suspension of execution of sentence of imprisonment.→465Who may issue warrant.→466Sentence on escaped convict when to take effect.→467Sentence on offender already sentenced for another offence.→468Period of detention undergone by accused to be set off against sentence of imprisonment.→469Saving.→470Return of warrant on execution of sentence.→471Money ordered to be paid recoverable as a fine.→472Mercy petition in death sentence cases.→473Power to suspend or remit sentences.→474Power to commute sentence.→475Restriction on powers of remission or commutation in certain cases.→476Concurrent power of Central Government in case of death sentences.→477State Government to act after concurrence with Central Government in certain cases.→478In what cases bail to be taken.→479Maximum period for which under-trial prisoner can be detained.→480When bail may be taken in case of non-bailable offence.→481Bail to require accused to appear before next Appellate Court.→482Direction for grant of bail to person apprehending arrest.→483Special powers of High Court or Court of Session regarding bail.→484Amount of bond and reduction thereof.→485Bond of accused and sureties.→486Declaration by sureties.→487Discharge from custody.→488Power to order sufficient bail when that first taken is insufficient.→489Discharge of sureties.→490Deposit instead of recognizance.→491Procedure when bond has been forfeited.→492Cancellation of bond and bail bond.→493Procedure in case of insolvency or death of surety or when a bond is forfeited.→494Bond required from child.→495Appeal from orders under section 491.→496Power to direct levy of amount due on certain recognizances.→497Order for custody and disposal of property pending trial in certain cases.→498Order for disposal of property at conclusion of trial.→499Payment to innocent purchaser of money found on accused.→500Appeal against orders under section 498 or section 499.→501Destruction of libellous and other matter.→502Power to restore possession of immovable property.→503Procedure by police upon seizure of property.→504Procedure where no claimant appears within six months.→505Power to sell perishable property.→506Irregularities which do not vitiate proceedings.→507Irregularities which vitiate proceedings.→508Proceedings in wrong place.→509Non-compliance with provisions of section 183 or section 316.→510Effect of omission to frame, or absence of, or error in, charge.→511Finding or sentence when reversible by reason of error, omission or irregularity.→512Defect or error not to make attachment unlawful.→513Definitions.→514Bar to taking cognizance after lapse of period of limitation.→515Commencement of period of limitation.→516Exclusion of time in certain cases.→517Exclusion of date on which Court is closed.→518Continuing offence.→519Extension of period of limitation in certain cases.→520Trials before High Courts.→521Delivery to commanding officers of persons liable to be tried by Court-martial.→522Forms.→523Power of High Court to make rules.→524Power to alter functions allocated to Executive Magistrate in certain cases.→525Cases in which Judge or Magistrate is personally interested.→526Practising advocate not to sit as Magistrate in certain Courts.→527Public servant concerned in sale not to purchase or bid for property.→528Saving of inherent powers of High Court.→529Duty of High Court to exercise continuous superintendence over Courts.→530Trial and proceedings to be held in electronic mode.→531Repeal and savings.→

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