NYAYA SIGNAL
Uttarakhand · 2023 · Bare Act
Bharatiya Nagarik Suraksha Sanhita, 2023
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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Construction of references.
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
5. Saving.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts.
7. Territorial divisions.
8. Court of Session.
9. Courts of Judicial Magistrates.
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
11. Special Judicial Magistrates.
12. Local Jurisdiction of Judicial Magistrates.
13. Subordination of Judicial Magistrates.
14. Executive Magistrates.
15. Special Executive Magistrates.
16. Local Jurisdiction of Executive.
17. Subordination of Executive Magistrates.
18. Public Prosecutors.
19. Assistant Public Prosecutors.
20. Directorate of Prosecution.
CHAPTER III
POWER OF COURTS
21. Courts by which offences are triable.
22. Sentences which High Courts and Sessions Judges may pass.
23. Sentences which Magistrates may pass.
24. Sentence of imprisonment in default of fine.
25. Sentence in cases of conviction of several offences at one trial.
26. Mode of conferring powers.
27. Powers of officers appointed.
28. Withdrawal of powers.
29. Powers of Judges and Magistrates exercisable by their successors-in-office.
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CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
SECTIONS
30. Powers of superior officers of police.
31. Public when to assist Magistrates and police.
32. Aid to person, other than police officer, executing warrant.
33. Public to give information of certain offences.
34. Duty of officers employed in connection with affairs of a village to make certain
report.
CHAPTER V
ARREST OF PERSONS
35. When police may arrest without warrant.
36. Procedure of arrest and duties of officer making arrest.
37. Designated police officer.
38. Right of arrested person to meet an advocate of his choice during interrogation.
39. Arrest on refusal to give name and residence.
40. Arrest by private person and procedure on such arrest.
41. Arrest by Magistrate.
42. Protection of members of Armed Forces from arrest.
43. Arrest how made.
44. Search of place entered by person sought to be arrested.
45. Pursuit of offenders into other jurisdictions.
46. No unnecessary restraint.
47. Person arrested to be informed of grounds of arrest and of right to bail.
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.
49. Search of arrested person.
50. Power to seize offensive weapons.
51. Examination of accused by medical practitioner at request of police officer.
52. Examination of person accused of rape by medical practitioner.
53. Examination of arrested person by medical officer.
54. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
56. Health and safety of arrested person.
57. Person arrested to be taken before Magistrate or officer in charge of police station.
58. Person arrested not to be detained more than twenty-four hours.
59. Police to report apprehensions.
60. Discharge of person apprehended.
61. Power, on escape, to pursue and retake.
62. Arrest to be made strictly according to Sanhita.
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.—Summons
63. Form of summons.
64. Summons how served.
65. Service of summons on corporate bodies, firms, and societies.
66. Service when persons summoned cannot be found.
67. Procedure when service cannot be effected as before provided.
68. Service on Government servant.
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SECTIONS
69. Service of summons outside local limits.
70. Proof of service in such cases and when serving officer not present.
71. Service of summons on witness.
B.—Warrant of arrest
72. Form of warrant of arrest and duration.
73. Power to direct security to be taken.
74. Warrants to whom directed.
75. Warrant may be directed to any person.
76. Warrant directed to police officer.
77. Notification of substance of warrant.
78. Person arrested to be brought before Court without delay.
79. Where warrant may be executed.
80. Warrant forwarded for execution outside jurisdiction.
81. Warrant directed to police officer for execution outside jurisdiction.
82. Procedure on arrest of person against whom warrant issued.
83. Procedure by Magistrate before whom such person arrested is brought.
C.—Proclamation and attachment
84. Proclamation for person absconding.
85. Attachment of property of person absconding.
86. Identification and attachment of property of proclaimed person.
87. Claims and objections to attachment.
88. Release, sale and restoration of attached property.
89. Appeal from order rejecting application for restoration of attached property.
D.—Other rules regarding processes
90. Issue of warrant in lieu of, or in addition to, summons.
91. Power to take bond or bail bond for appearance.
92. Arrest on breach of bond or bail bond for appearance.
93. Provisions of this Chapter generally applicable to summons and warrants of arrest.
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.—Summons to produce
94. Summons to produce document or other thing.
95. Procedure as to letters.
B.—Search-warrants
96. When search-warrant may be issued.
97. Search of place suspected to contain stolen property, forged documents, etc.
98. Power to declare certain publications forfeited and to issue search-warrants for same.
99. Application to High Court to set aside declaration of forfeiture.
100. Search for persons wrongfully confined.
101. Power to compel restoration of abducted females.
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C.—General provisions relating to searches
SECTIONS
102. Direction, etc., of search-warrants.
103. Persons in charge of closed place to allow search.
104. Disposal of things found in search beyond jurisdiction.
D.—Miscellaneous
105. Recording of search and seizure through audio video electronic means..
106. Power of police officer to seize certain property.
107. Attachment, forfeiture or restoration of property.
108. Magistrate may direct search in his presence.
109. Power to impound document, etc., produced.
110. Reciprocal arrangements regarding processes.
CHAPTER VIII
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE OF PROPERTY
111. Definitions.
112. Letter of request to competent authority for investigation in a country or place outside India.
113. Letter of request from a country or place outside India to a Court or an authority for investigation
in India.
114. Assistance in securing transfer of persons.
115. Assistance in relation to orders of attachment or forfeiture of property.
116. Identifying unlawfully acquired property.
117. Seizure or attachment of property.
118. Management of properties seized or forfeited under this Chapter.
119. Notice of forfeiture of property.
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture.
122. Certain transfers to be null and void.
123. Procedure in respect of letter of request.
124. Application of this Chapter.
CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
125. Security for keeping peace on conviction.
126. Security for keeping peace in other cases.
127. Security for good behaviour from persons disseminating certain matters.
128. Security for good behaviour from suspected persons.
129. Security for good behaviour from habitual offenders.
130. Order to be made.
131. Procedure in respect of person present in Court.
132. Summons or warrant in case of person not so present.
133. Copy of order to accompany summons or warrant.
134. Power to dispense with personal attendance.
135. Inquiry as to truth of information.
136. Order to give security.
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SECTIONS
137. Discharge of person informed against.
138. Commencement of period for which security is required.
139. Contents of bond.
140. Power to reject sureties.
141. Imprisonment in default of security.
142. Power to release persons imprisoned for failing to give security.
143. Security for unexpired period of bond.
CHAPTER X
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
144. Order for maintenance of wives, children and parents.
145. Procedure.
146. Alteration in allowance.
147. Enforcement of order of maintenance.
CHAPTER XI
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.—Unlawful assemblies
148. Dispersal of assembly by use of civil force.
149. Use of armed forces to disperse assembly.
150. Power of certain armed force officers to disperse assembly.
151. Protection against prosecution for acts done under sections 148, 149 and 150.
B.—Public nuisances
152. Conditional order for removal of nuisance.
153. Service or notification of order.
154. Person to whom order is addressed to obey or show cause.
155. Penalty for failure to comply with section 154.
156. Procedure where existence of public right is denied.
157. Procedure where person against whom order is made under section 152 appears to show-cause.
158. Power of Magistrate to direct local investigation and examination of an expert.
159. Power of Magistrate to furnish written instructions, etc.
160. Procedure on order being made absolute and consequences of disobedience.
161. Injunction pending inquiry.
162. Magistrate may prohibit repetition or Continuance of public nuisance.
C.—Urgent cases of nuisance or apprehended danger
163. Power to issue order in urgent cases of nuisance or apprehended danger.
D.—Disputes as to immovable property
164. Procedure where dispute concerning land or water is likely to cause breach of peace.
165. Power to attach subject of dispute and to appoint receiver.
166. Dispute concerning right of use of land or water.
167. Local inquiry.
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CHAPTER XII
PREVENTIVE ACTION OF THE POLICE
SECTIONS
168. Police to prevent cognizable offences.
169. Information of design to commit cognizable offences.
170. Arrest to prevent commission of cognizable offences.
171. Prevention of injury to public property.
172. Persons bound to conform to lawful directions of police
CHAPTER XIII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
173. Information in cognizable cases.
174. Information as to non-cognizable cases and investigation of such cases.
175. Police officer’s power to investigate cognizable case.
176. Procedure for investigation.
177. Report how submitted.
178. Power to hold investigation or preliminary inquiry.
179. Police officer's power to require attendance of witnesses.
180. Examination of witnesses by police.
181. Statements to police and use thereof.
182. No inducement to be offered.
183. Recording of confessions and statements.
184. Medical examination of victim of rape.
185. Search by police officer.
186. When officer in charge of police station may require another to issue search-warrant.
187. Procedure when investigation cannot be completed in twenty-four hours.
188. Report of investigation by subordinate police officer.
189. Release of accused when evidence deficient.
190. Cases to be sent to Magistrate, when evidence is sufficient.
191. Complainant and witnesses not to be required to accompany police officer and not to be subject to
restraint.
192. Diary of proceedings in investigation.
193. Report of police officer on completion of investigation.
194. Police to enquire and report on suicide, etc.
195. Power to summon persons.
196. Inquiry by Magistrate into cause of death.
CHAPTER XIV
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
197. Ordinary place of inquiry and trial.
198. Place of inquiry or trial.
199. Offence triable where act is done or consequence ensues.
200. Place of trial where act is an offence by reason of relation to other offence.
201. Place of trial in case of certain offences.
202. Offences committed by means of electronic communications, letters, etc.
203. Offence committed on journey or voyage.
204. Place of trial for offences triable together.
205. Power to order cases to be tried in different sessions divisions.
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SECTIONS
206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
207. Power to issue summons or warrant for offence committed beyond local jurisdiction.
208. Offence committed outside India.
209. Receipt of evidence relating to offences committed outside India.
CHAPTER XV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
210. Cognizance of offences by Magistrate.
211. Transfer on application of accused.
212. Making over of cases to Magistrates.
213. Cognizance of offences by Court of Session.
214. Additional Sessions Judges to try cases made over to them.
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice
and for offences relating to documents given in evidence.
216. Procedure for witnesses in case of threatening, etc.
217. Prosecution for offences against State and for criminal conspiracy to commit such offence.
218. Prosecution of Judges and public servants.
219. Prosecution for offences against marriage.
220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
221. Cognizance of offence.
222. Prosecution for defamation.
CHAPTER XVI
COMPLAINTS TO MAGISTRATES
223. Examination of complainant.
224. Procedure by Magistrate not competent to take cognizance of case.
225. Postponement of issue of process.
226. Dismissal of complaint.
CHAPTER XVII
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
227. Issue of process.
228. Magistrate may dispense with personal attendance of accused.
229. Special summons in cases of petty offence.
230. Supply to accused of copy of police report and other documents.
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
232. Commitment of case to Court of Session when offence is triable exclusively by it.
233. Procedure to be followed when there is a complaint case and police investigation in respect of same
offence.
CHAPTER XVIII
THE CHARGE
A.—Form of charges
234. Contents of charge.
235. Particulars as to time, place and person.
236. When manner of committing offence must be stated.
237. Words in charge taken in sense of law under which offence is punishable.
238. Effect of errors.
239. Court may alter charge.
240. Recall of witnesses when charge altered.
B.—Joinder of charges
241. Separate charges for distinct offences.
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SECTIONS
242. Offences of same kind within year may be charged together.
243. Trial for more than one offence.
244. Where it is doubtful what offence has been committed.
245. When offence proved included in offence charged.
246. What persons may be charged jointly.
247. Withdrawal of remaining charges on conviction on one of several charges.
CHAPTER XIX
TRIAL BEFORE A COURT OF SESSION
248. Trial to be conducted by Public Prosecutor.
249. Opening case for prosecution.
250. Discharge.
251. Framing of charge.
252. Conviction on plea of guilty.
253. Date for prosecution evidence.
254. Evidence for prosecution.
255. Acquittal.
256. Entering upon defence.
257. Arguments.
258. Judgment of acquittal or conviction.
259. Previous conviction.
260. Procedure in cases instituted under sub-section (2) of section 222.
CHAPTER XX
TRIAL OF WARRANT-CASES BY MAGISTRATES
A.—Cases instituted on a police report
261. Compliance with section 230.
262. When accused shall be discharged.
263. Framing of charge.
264. Conviction on plea of guilty.
265. Evidence for prosecution.
266. Evidence for defence.
B.—Cases instituted otherwise than on police report
267. Evidence for prosecution.
268. When accused shall be discharged.
269. Procedure where accused is not discharged.
270. Evidence for defence.
C.—Conclusion of trial
271. Acquittal or conviction.
272. Absence of complainant.
273. Compensation for accusation without reasonable cause.
CHAPTER XXI
TRIAL OF SUMMONS-CASES BY MAGISTRATES
274. Substance of accusation to be stated.
275. Conviction on plea of guilty.
276. Conviction on plea of guilty in absence of accused in petty cases.
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SECTIONS
277. Procedure when not convicted.
278. Acquittal or conviction.
279. Non-appearance or death of complainant.
280. Withdrawal of complaint.
281. Power to stop proceedings in certain cases.
282. Power of Court to convert summons-cases into warrant-cases.
CHAPTER XXII
SUMMARY TRIALS
283. Power to try summarily.
284. Summary trial by Magistrate of second class.
285. Procedure for summary trials.
286. Record in summary trials.
287. Judgment in cases tried summarily.
288. Language of record and judgment.
CHAPTER XXIII
PLEA BARGAINING
289. Application of Chapter.
290. Application for plea bargaining.
291. Guidelines for mutually satisfactory disposition.
292. Report of mutually satisfactory disposition to be submitted before Court.
293. Disposal of case.
294. Judgment of Court.
295. Finality of judgment.
296. Power of Court in plea bargaining.
297. Period of detention undergone by accused to be set off against sentence of imprisonment.
298. Savings.
299. Statements of accused not to be used.
300. Non-application of Chapter.
CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
301. Definitions.
302. Power to require attendance of prisoners.
303. Power of State Government or Central Government to exclude certain persons from operation of
section 302.
304. Officer in charge of prison to abstain from carrying out order in certain contingencies.
305. Prisoner to be brought to Court in custody.
306. Power to issue commission for examination of witness in prison.
CHAPTER XXV
EVIDENCE IN INQUIRIES AND TRIALS
A.—Mode of taking and recording evidence
307. Language of Courts.
308. Evidence to be taken in presence of accused.
309. Record in summons-cases and inquiries.
310. Record in warrant-cases.
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SECTIONS
311. Record in trial before Court of Session.
312. Language of record of evidence.
313. Procedure in regard to such evidence when completed.
314. Interpretation of evidence to accused or his advocate.
315. Remarks respecting demeanour of witness.
316. Record of examination of accused.
317. Interpreter to be bound to interpret truthfully
318. Record in High Court.
B.—Commissions for the examination of witnesses
319. When attendance of witness may be dispensed with and commission issued.
320. Commission to whom to be issued.
321. Execution of commissions.
322. Parties may examine witnesses.
323. Return of commission.
324. Adjournment of proceeding.
325. Execution of foreign commissions.
326. Deposition of medical witness.
327. Identification report of Magistrate.
328. Evidence of officers of Mint.
329. Reports of certain Government scientific experts.
330. No formal proof of certain documents.
331. Affidavit in proof of conduct of public servants.
332. Evidence of formal character on affidavit.
333. Authorities before whom affidavits may be sworn.
334. Previous conviction or acquittal how proved.
335. Record of evidence in absence of accused.
336. Evidence of public servants, experts, police officers in certain cases.
CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
337. Person once convicted or acquitted not to be tried for same offence.
338. Appearance by Public Prosecutors.
339. Permission to conduct prosecution.
340. Right of person against whom proceedings are instituted to be defended.
341. Legal aid to accused at State expense in certain cases.
342. Procedure when corporation or registered society is an accused.
343. Tender of pardon to accomplice.
344. Power to direct tender of pardon.
345. Trial of person not complying with conditions of pardon.
346. Power to postpone or adjourn proceedings.
347. Local inspection.
348. Power to summon material witness, or examine person present.
349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.
350. Expenses of complainants and witnesses.
351. Power to examine accused.
352. Oral arguments and memorandum of arguments.
353. Accused person to be competent witness.
354. No influence to be used to induce disclosure.
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SECTIONS
355. Provision for inquiries and trial being held in absence of accused in certain cases.
356. Inquiry, trial or judgment in absentia of proclaimed offender.
357. Procedure where accused does not understand proceedings.
358. Power to proceed against other persons appearing to be guilty of offence.
359. Compounding of offences.
360. Withdrawal from prosecution.
361. Procedure in cases which Magistrate cannot dispose of.
362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be
committed.
363. Trial of persons previously convicted of offences against coinage, stamp-law or property.
364. Procedure when Magistrate cannot pass sentence sufficiently severe.
365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
366. Court to be open.
CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
367. Procedure in case of accused being person of unsound mind.
368. Procedure in case of person of unsound mind tried before Court.
369. Release of person of unsound mind pending investigation or trial.
370. Resumption of inquiry or trial.
371. Procedure on accused appearing before Magistrate or Court.
372. When accused appears to have been of sound mind.
373. Judgment of acquittal on ground of unsoundness of mind.
374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.
375. Power of State Government to empower officer in charge to discharge.
376. Procedure where prisoner of unsound mind is reported capable of making his defence.
377. Procedure where person of unsound mind detained is declared fit to be released.
378. Delivery of person of unsound mind to care of relative or friend.
CHAPTER XXVIII
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
379. Procedure in cases mentioned in section 215.
380. Appeal.
381. Power to order costs.
382. Procedure of Magistrate taking cognizance.
383. Summary procedure for trial for giving false evidence.
384. Procedure in certain cases of contempt.
385. Procedure where Court considers that case should not be dealt with under section 384.
386. When Registrar or Sub-Registrar to be deemed a Civil Court.
387. Discharge of offender on submission of apology.
388. Imprisonment or committal of person refusing to answer or produce document.
389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.
390. Appeals from convictions under sections 383, 384, 388 and 389.
391. Certain Judges and Magistrates not to try certain offences when committed before themselves.
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CHAPTER XXIX
THE JUDGMENT
SECTIONS
392. Judgment.
393. Language and contents of judgment.
394. Order for notifying address of previously convicted offender.
395. Order to pay compensation.
396. Victim compensation scheme.
397. Treatment of victims.
398. Witness protection scheme.
399. Compensation to persons groundlessly arrested.
400. Order to pay costs in non-cognizable cases.
401. Order to release on probation of good conduct or after admonition.
402. Special reasons to be recorded in certain cases.
403. Court not to alter judgment.
404. Copy of judgment to be given to accused and other persons.
405. Judgment when to be translated.
406. Court of Session to send copy of finding and sentence to District Magistrate.
CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
407. Sentence of death to be submitted by Court of Session for confirmation.
408. Power to direct further inquiry to be made or additional evidence to be taken.
409. Power of High Court to confirm sentence or annul conviction.
410. Confirmation or new sentence to be signed by two Judges.
411. Procedure in case of difference of opinion.
412. Procedure in cases submitted to High Court for confirmation.
CHAPTER XXXI
APPEALS
413. No appeal to lie unless otherwise provided.
414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or
good behavior.
415. Appeals from convictions.
416. No appeal in certain cases when accused pleads guilty.
417. No appeal in petty cases.
418. Appeal by State Government against sentence.
419. Appeal in case of acquittal.
420. Appeal against conviction by High Court in certain cases.
421. Special right of appeal in certain cases.
422. Appeal to Court of Session how heard.
423. Petition of appeal.
424. Procedure when appellant in jail.
425. Summary dismissal of appeal.
426. Procedure for hearing appeals not dismissed summarily.
427. Powers of Appellate Court.
428. Judgments of subordinate Appellate Court.
429. Order of High Court on appeal to be certified to lower Court.
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SECTIONS
430. Suspension of sentence pending appeal; release of appellant on bail.
431. Arrest of accused in appeal from acquittal.
432. Appellate Court may take further evidence or direct it to be taken.
433. Procedure where Judges of Court of appeal are equally divided.
434. Finality of judgments and orders on appeal.
435. Abatement of appeals.
CHAPTER XXXII
REFERENCE AND REVISION
436. Reference to High Court.
437. Disposal of case according to decision of High Court.
438. Calling for records to exercise powers of revision.
439. Power to order inquiry.
440. Sessions Judge's powers of revision.
441. Power of Additional Sessions Judge.
442. High Court's powers of revision.
443. Power of High Court to withdraw or transfer revision cases.
444. Option of Court to hear parties.
445. High Court's order to be certified to lower Court.
CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES
446. Power of Supreme Court to transfer cases and appeals.
447. Power of High Court to transfer cases and appeals.
448. Power of Sessions Judge to transfer cases and appeals.
449. Withdrawal of cases and appeals by Sessions Judges.
450. Withdrawal of cases by Judicial Magistrates.
451. Making over or withdrawal of cases by Executive Magistrates.
452. Reasons to be recorded.
CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.—Death sentences
453. Execution of order passed under section 409.
454. Execution of sentence of death passed by High Court.
455. Postponement of execution of sentence of death in case of appeal to Supreme Court.
456. Commutation of sentence of death on pregnant woman.
B.—Imprisonment
457. Power to appoint place of imprisonment.
458. Execution of sentence of imprisonment.
459. Direction of warrant for execution.
460. Warrant with whom to be lodged.
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C.—Levy of fine
SECTIONS
461. Warrant for levy of fine.
462. Effect of such warrant.
463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.
464. Suspension of execution of sentence of imprisonment.
D.—General provisions regarding execution
465. Who may issue warrant.
466. Sentence on escaped convict when to take effect.
467. Sentence on offender already sentenced for another offence.
468. Period of detention undergone by accused to be set off against sentence of imprisonment.
469. Saving.
470. Return of warrant on execution of sentence.
471. Money ordered to be paid recoverable as a fine.
E.—Suspension, remission and commutation of sentences
472. Mercy petition in death sentence cases.
473. Power to suspend or remit sentences.
474. Power to commute sentence.
475. Restriction on powers of remission or commutation in certain cases.
476. Concurrent power of Central Government in case of death sentences.
477. State Government to act after concurrence with Central Government in certain cases.
CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS
478. In what cases bail to be taken.
479. Maximum period for which under-trial prisoner can be detained.
480. When bail may be taken in case of non-bailable offence.
481. Bail to require accused to appear before next Appellate Court
482. Direction for grant of bail to person apprehending arrest.
483. Special powers of High Court or Court of Session regarding bail.
484. Amount of bond and reduction thereof.
485. Bond of accused and sureties.
486. Declaration by sureties.
487. Discharge from custody.
488. Power to order sufficient bail when that first taken is insufficient.
489. Discharge of sureties.
490. Deposit instead of recognizance.
491. Procedure when bond has been forfeited.
492. Cancellation of bond and bail bond
493. Procedure in case of insolvency or death of surety or when a bond is forfeited.
494. Bond required from child.
495. Appeal from orders under section 491.
496. Power to direct levy of amount due on certain recognizances.
CHAPTER XXXVI
DISPOSAL OF PROPERTY
497. Order for custody and disposal of property pending trial in certain cases.
498. Order for disposal of property at conclusion of trial.
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SECTIONS
499. Payment to innocent purchaser of money found on accused.
500. Appeal against orders under section 498 or section 499.
501. Destruction of libellous and other matter.
502. Power to restore possession of immovable property.
503. Procedure by police upon seizure of property.
504. Procedure where no claimant appears within six months.
505. Power to sell perishable property.
CHAPTER XXXVII
IRREGULAR PROCEEDINGS
506. Irregularities which do not vitiate proceedings.
507. Irregularities which vitiate proceedings.
508. Proceedings in wrong place.
509. Non-compliance with provisions of section 183 or section 316.
510. Effect of omission to frame, or absence of, or error in, charge.
511. Finding or sentence when reversible by reason of error, omission or irregularity.
512. Defect or error not to make attachment unlawful.
CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
513. Definitions.
514. Bar to taking cognizance after lapse of period of limitation.
515. Commencement of period of limitation.
516. Exclusion of time in certain cases.
517. Exclusion of date on which Court is closed.
518. Continuing offence.
519. Extension of period of limitation in certain cases.
CHAPTER XXXIX
MISCELLANEOUS
520. Trials before High Courts.
521. Delivery to commanding officers of persons liable to be tried by Court-martial.
522. Forms.
523. Power of High Court to make rules.
524. Power to alter functions allocated to Executive Magistrate in certain cases.
525. Cases in which Judge or Magistrate is personally interested.
526. Practising advocate not to sit as Magistrate in certain Courts.
527. Public servant concerned in sale not to purchase or bid for property.
528. Saving of inherent powers of High Court.
529. Duty of High Court to exercise continuous superintendence over Courts.
530. Trial and proceedings to be held in electronic mode.
531. Repeal and savings.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
16
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
ACT NO. 46 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
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 those relating to Chapters IX, XI and XII thereof, shall
not apply—
(a) to the State of Nagaland;
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any of them
to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such
supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation.—In this section, “tribal areas” means the territories which immediately before
the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of
the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of
Shillong.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official
Gazette, appoint.
2. Definitions.—(1) In this Sanhita, unless the context otherwise requires,—
(a) “audio-video electronic” means shall include use of any communication device for the
purposes of video conferencing, recording of processes of identification, search and seizure or
evidence, transmission of electronic communication and for such other purposes and by such other
means as the State Government may, by rules provide;
(b) “bail” means release of a person accused of or suspected of commission of an offence from the
custody of law upon certain conditions imposed by an officer or Court on execution by such person of
a bond or a bail bond;
(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which
is made bailable by any other law for the time being in force; and “non-bailable offence” means any
other offence;
(d) “bail bond” means an undertaking for release with surety;
(e) “bond” means a personal bond or an undertaking for release without surety;
(f) “charge” includes any head of charge when the charge contains more heads than one;
1. 1st July, 2024, [except the provisions of the entry relation to Section 106(2) in the first Schedule], vide notification No. S.O.
848(E), dated, 23rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
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(g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which,
a police officer may, in accordance with the First Schedule or under any other law for the time being in
force, arrest without warrant;
(h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his
taking action under this Sanhita, that some person, whether known or unknown, has committed an
offence, but does not include a police report.
Explanation.—A report made by a police officer in a case which discloses, after investigation, the
commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by
whom such report is made shall be deemed to be the complainant;
(i) “electronic communication” means the communication of any written, verbal, pictorial
information or video content transmitted or transferred (whether from one person to another or from
one device to another or from a person to a device or from a device to a person) by means of an
electronic device including a telephone, mobile
phone, or other wireless telecommunication device, or a computer, or audio-video player or camera
or any other electronic device or electronic form as may be specified by notification, by the Central
Government;
(j) “High Court” means,—
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has
been extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for that
territory other than the Supreme Court of India;
(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate
or Court;
(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf.
Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of
this Sanhita, the provisions of the special Act shall prevail;
(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be
legally taken on oath;
(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the
Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area
may comprise the whole of the State, or any part of the State, as the State Government may, by
notification, specify;
(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case
in which, a police officer has no authority to arrest without warrant;
(p) “notification” means a notification published in the Official Gazette;
(q) “offence” means any act or omission made punishable by any law for the time being in force
and includes any act in respect of which a complaint may be made under section 20 of the Cattle
Trespass Act, 1871 (1 of 1871);
(r) “officer in charge of a police station” includes, when the officer in charge of the police station
is absent from the station-house or unable from illness or other cause to perform his duties, the police
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officer present at the station-house who is next in rank to such officer and is above the rank of constable
or, when the State Government so directs, any other police officer so present;
(s) “place” includes a house, building, tent, vehicle and vessel;
(t) “police report” means a report forwarded by a police officer to a Magistrate under
sub-section (3) of section 193;
(u) “police station” means any post or place declared generally or specially by the State
Government, to be a police station, and includes any local area specified by the State Government in
this behalf;
(v) “Public Prosecutor” means any person appointed under section 18, and includes any person
acting under the directions of a Public Prosecutor;
(w) “sub-division” means a sub-division of a district;
(x) “summons-case” means a case relating to an offence, and not being a warrant-case;
(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or
omission of the accused person and includes the guardian or legal heir of such victim;
(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.
(2) Words and expressions used herein and not defined but defined in the Information
Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings
respectively assigned to them in that Act and Sanhita.
3. Construction of references.—(1) Unless the context otherwise requires, any reference in any law,
to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second
class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or
Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.
(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to
matters,—
(a) which involve the appreciation or shifting of evidence or the formulation of any decision which
exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry
or trial or would have the effect of sending him for trial before any Court, they shall, subject to the
provisions of this Sanhita, be exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension
or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall,
subject to the provisions of clause (a) be exercisable by an Executive Magistrate.
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under
the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with
according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with
according to the same provisions, but subject to any enactment for the time being in force regulating the
manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
5. Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the
contrary, affect any special or local law for the time being in force, or any special jurisdiction or power
conferred, or any special form of procedure prescribed, by any other law for the time being in force.
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CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law,
other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
(i) Courts of Session;
(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions
divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of
districts.
(2) The State Government may, after consultation with the High Court, alter the limits or the number
of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into
sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this
Sanhita, shall be deemed to have been formed under this section.
8. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of
Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an
Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such
place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the
disposal of any urgent application which is, or may be, made or pending before such Court of Session by
an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate,
in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such
application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may,
by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to
the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions
division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the
case or the examination of any witness or witnesses therein.
(7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the
distribution of business among such Additional Sessions Judges.
(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event
of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions
Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction
to deal with any such application.
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Explanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment,
posting or promotion of a person by the Government to any Service, or post in connection with the affairs
of the Union or of a State, where under any law, such appointment, posting or promotion is required to be
made by the Government.
9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of
Judicial Magistrates of the first class and of the second class, and at such places, as the State Government
may, after consultation with the High Court, by notification, specify:
Provided that the State Government may, after consultation with the High Court, establish, for any local
area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any
particular case or particular class of cases, and where any such Special Court is established, no other Court
of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which
such Special Court of Judicial Magistrate has been established.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a
Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the
State, functioning as a Judge in a Civil Court.
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district,
the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief
Judicial magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate
under this Sanhita or under any other law for the time being in force as the High Court may direct.
(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the
Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as
occasion requires.
(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial
Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial
Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may,
by general or special order, specify in this behalf.
11. Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State
Government so to do, confer upon any person who holds or has held any post under the Government, all or
any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first
class or of the second class, in respect to particular cases or to particular classes of cases, in any local area:
Provided that no such power shall be conferred on a person unless he possesses such qualification or
experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term,
not exceeding one year at a time, as the High Court may, by general or special order, direct.
12. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the
Chief udicial Magistrate may, from time to time, define the local limits of the areas within which the
Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which
they may respectively be invested under this Sanhita:
Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local
area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such
Magistrate shall extend throughout the district.
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(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an
area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of
Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his
local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session
or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.
13. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate
to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the
Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent
with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.
14. Executive Magistrates.—(1) In every district, the State Government may appoint as many persons
as itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional District
Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita
or under any other law for the time being in force as may be directed by the State Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer
succeeds temporarily to the executive administration of the district, such officer shall, pending the orders
of the State Government, exercise all the powers and perform all the duties respectively conferred and
imposed by this Sanhita on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and may
relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division
shall be called the Sub-divisional Magistrate.
(5) The State Government may, by general or special order and subject to such control and directions
as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.
(6) Nothing in this section shall preclude the State Government from conferring, under any law for the
time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.
15. Special Executive Magistrates.—The State Government may appoint, for such term as it may
think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or
equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of
particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable
under this Sanhita on Executive Magistrates, as it may deem fit.
16. Local Jurisdiction of Executive.—(1) Subject to the control of the State Government, the District
Magistrate may, from time to time, define the local limits of the areas within which the Executive
Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such
Magistrate shall extend throughout the district.
17. Subordination of Executive Magistrates.—(1) All Executive Magistrates shall be subordinate to
the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate)
exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to
the general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with
this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate
to him.
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18. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government
shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more
Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding
on behalf of the Central Government or the State Government, as the case may be:
Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation
with the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the
purposes of this sub-section.
(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting
any case in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one
or more Additional Public Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be
appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another
district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of
persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors
for the district.
(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public
Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate
under sub-section (4).
(6) Notwithstanding anything in sub-section (5), where in a State there exists a regular Cadre of
Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public
Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no suitable person is available in such
Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional
Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under
sub-section (4).
Explanation.—For the purposes of this sub-section,—
(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes
therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of
Assistant Public Prosecutors, by whatever name called, to that post;
(b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the
functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant
Public Prosecutor under this Sanhita.
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor
under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice
as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or class
of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public
Prosecutor:
Provided that the Court may permit the victim to engage an advocate of his choice to assist the
prosecution under this sub-section.
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(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been
in practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita)
service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other
Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person
has been in practice as an advocate.
19. Assistant Public Prosecutors.—(1) The State Government shall appoint in every district one or
more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of
conducting any case or class of cases in the Courts of Magistrates.
(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public
Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other
person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to
the State Government:
Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if
he—
(a) has taken any part in the investigation into the offence with respect to which the accused is
being prosecuted; or
(b) is below the rank of Inspector.
20. Directorate of Prosecution.—(1) The State Government may establish,—
(a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many
Deputy Directors of Prosecution as it thinks fit; and
(b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors
and Assistant Directors of Prosecution, as it thinks fit.
(2) A person shall be eligible to be appointed,—
(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as
an advocate for not less than fifteen years or is or has been a Sessions Judge;
(b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less
than seven years or has been a Magistrate of the first class.
(3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function
under the administrative control of the Home Department in the State.
(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to
the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy
Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by
the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High
Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by
the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District
Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be
subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution.
(7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences
are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings
and to give opinion on filing of appeals.
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(8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise
police report and monitor the cases in which offences are punishable for seven years or more, but less than
ten years, for ensuring their expeditious disposal.
(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences
are punishable for less than seven years.
(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director
or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings
under this Sanhita.
(11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution
and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution
or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by
notification, specify.
(12) The provisions of this section shall not apply to the Advocate General for the State while
performing the functions of a Public Prosecutor.
CHAPTER III
POWER OF COURTS
21. 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 by—
(i) the High Court; or
(ii) the Court of Session; or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
Provided that any offence under section 64, section 65, section 66, section 67, section 68,
section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as
practicable by a Court presided over by a woman;
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be
tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court; or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.
22. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any
sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any
sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass
any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment
for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not
exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not
exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
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Explanation.—“Community service” shall mean the work which the Court may order a convict to
perform as a form of punishment that benefits the community, for which he shall not be entitled to any
remuneration.
24. Sentence of imprisonment in default of fine.—(1) The Court of a Magistrate may award such
term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term—
(a) is not in excess of the powers of the Magistrate under section 23;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed
one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for
the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under section 23.
25. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted
at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya
Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which
such Court is competent to inflict and the Court shall, considering the gravity of offences, order such
punishments to run concurrently or consecutively.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the
aggregate punishment for the several offences being in excess of the punishment which it is competent to
inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided that—
(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is
competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed
against him under this section shall be deemed to be a single sentence.
26. Mode of conferring powers.—(1) In conferring powers under this Sanhita, the High Court or the
State Government, as the case may be, may, by order, empower persons specially by name or in virtue of
their offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so
empowered.
27. Powers of officers appointed.—Whenever any person holding an office in the service of
Government who has been invested by the High Court or the State Government with any powers under this
Sanhita throughout any local area is appointed to an equal or higher office of the samenature, within a like
local area under the same State Government, he shall, unless the High Court or the State Government, as
the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in
which he is so appointed.
28. Withdrawal of powers.—(1) The High Court or the State Government, as the case may be, may
withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer
subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be
withdrawn by the respective Magistrate by whom such powers were conferred.
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29. Powers of Judges and Magistrates exercisable by their successors-in office.—(1) Subject to the
other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or
performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by
order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order
thereunder, be deemed to be the successor-in-office.
(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial
Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate
who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the
successor-in-office of such Magistrate.
CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
30. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of
a police station may exercise the same powers, throughout the local area to which they are appointed, as
may be exercised by such officer within the limits of his station.
31. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or
police officer reasonably demanding his aid—
(a) in the taking or preventing the escape of any other person whom such Magistrate or police
officer is authorised to arrest; or
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to any public property.
32. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a
person other than a police officer, any other person may aid in the execution of such warrant, if the person
to whom the warrant is directed be near at hand and acting in the execution of the warrant.
33. Public to give information of certain offences.—(1) Every person, aware of the commission of,
or of the intention of any other person to commit, any offence punishable under any of the following
sections of the Bharatiya Nyaya Sanhita, 2023, namely:—
(i) sections 103 to 105 (both inclusive);
(ii) sections 111 to 113 (both inclusive);
(iii) sections 140 to 144 (both inclusive);
(iv) sections 147 to 154 (both inclusive) and section 158;
(v) sections 178 to 182 (both inclusive);
(vi) sections 189 and 191;
(vii) sections 274 to 280 (both inclusive);
(viii) section 307;
(ix) sections 309 to 312 (both inclusive);
(x) sub-section (5) of section 316;
(xi) sections 326 to 328 (both inclusive); and
(xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest
Magistrate or police officer of such commission or intention.
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(2) For the purposes of this section, the term “offence” includes any act committed at any place out of
India which would constitute an offence if committed in India.
34. Duty of officers employed in connection with affairs of a village to make certain
report.—(1) Every officer employed in connection with the affairs of a village and every person residing
in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest
police station, whichever is nearer, any information which he may possess respecting—
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in
or near such village;
(b) the resort to any place within, or the passage through, such village of any person whom he
knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or
any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;
(d) the occurrence in or near such village of any sudden or unnatural death or of any death under
suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in
circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance
from such village of any person in circumstances which lead to a reasonable suspicion that a non-
bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India nearsuch village any act
which, if committed in India, would be an offence punishable under any of the following sections of
the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305,
307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of
person or property respecting which the District Magistrate, by general or special order made with the
previous sanction of the State Government, has directed him to communicate information.
(2) In this section,—
(i) “village” includes village lands;
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any
Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act
which if committed in the territories to which this Sanhita extends, would be an offence punishable
under any of the offence punishable with imprisonment for ten years or more or with imprisonment for
life or with death under the Bharatiya Nyaya Sanhita, 2023;
(iii) the words “officer employed in connection with the affairs of the village” means a member of
the panchayat of the village and includes the headman and every officer or other person appointed to
perform any function connected with the administration of the village.
35. When police may arrest without warrant.—(1) Any police officer may without an order from a
Magistrate and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable offence; or
(b) against whom a reasonable complaint has been made, or credible information has been received,
or a reasonable suspicion exists that he has committed a cognizable offence punishable with
imprisonment for a term which may be less than seven years or which may extend to seven years
whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or
suspicion that such person has committed the said offence;
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(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or
tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from disclosing such facts to the
Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot
be ensured, and the police officer shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the arrest of a person is not required
under the provisions of this sub-section, record the reasons in writing for not making the
arrest; or
(c) against whom credible information has been received that he has committed a cognizable
offence punishable with imprisonment for a term which may extend to more than seven years whether
with or without fine or with death sentence and the police officer has reason to believe on the basis of
that information that such person has committed the said offence; or
(d) who has been proclaimed as an offender either under this Sanhita or by order of the State
Government; or
(e) in whose possession anything is found which may reasonably be suspected to be stolen property
and who may reasonably be suspected of having committed an offence with reference to such thing; or
(f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts
to escape, from lawful custody; or
(g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists, of his having been concerned in, any
act committed at any place out of India which, if committed in India, would have been punishable as
an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be
apprehended or detained in custody in India; or
(i) who, being a released convict, commits a breach of any rule made under sub-section (5) of
section 394; or
(j) for whose arrest any requisition, whether written or oral, has been received from another police
officer, provided that the requisition specifies the person to be arrested and the offence or other cause
for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested
without a warrant by the officer who issued the requisition.
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against
whom a complaint has been made or credible information has been received or reasonable suspicion exists
of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
(3) The police officer shall, in all cases where the arrest of a person is not required under
sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable suspicion exists that he has committed a cognizable
offence, to appear before him or at such other place as may be specified in the notice.
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(4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the
terms of the notice.
(5) Where such person complies and continues to comply with the notice, he shall not be arrested in
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the
opinion that he ought to be arrested.
(6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to
identify himself, the police officer may, subject to such orders as may have been passed by a competent
Court in this behalf, arrest him for the offence mentioned in the notice.
(7) No arrest shall be made without prior permission of an officer not below the rank of
Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than
three years and such person is infirm or is above sixty years of age.
36. Procedure of arrest and duties of officer making arrest.—Every police officer while making an
arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy
identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a
respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that
he has a right to have a relative or a friend or any other person named by him to be informed of his
arrest.
37. Designated police officer.—The State Government shall—
(a) establish a police control room in every district and at State level;
(b) designate a police officer in every district and in every police station, not below the rank of
Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the
names and addresses of the persons arrested, nature of the offence with which charged, which shall be
prominently displayed in any manner including in digital mode in every police station and at the district
headquarters.
38. Right of arrested person to meet an advocate of his choice during interrogation.—When any
person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice
during interrogation, though not throughout interrogation.
39. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a
police officer, has committed or has been accused of committing a non-cognizable offence refuses on
demand of such officer to give his name and residence or gives a name or residence which such officer has
reason to believe to be false, he may be arrested by such officer in order that his name or residence may be
ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on a
bond or bail bond, to appear before a Magistrate if so required:
Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties
resident in India.
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(3) If the true name and residence of such person is not ascertained within twenty-four hours from the
time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties,
he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
40. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or
cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any
proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over
or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer,
take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of sub-section (1) of
section 35, a police officer shall take him in custody.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the
demand of a police officer to give his name and residence, or gives a name or residence which such officer
has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no
sufficient reason to believe that he has committed any offence, he shall be at once released.
41. Arrest by Magistrate.—(1) When any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to
arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the
offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his
presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.
42. Protection of members of Armed Forces from arrest.—(1) Notwithstanding anything contained
in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be
arrested for anything done or purported to be done by him in the discharge of his official duties except after
obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply
to such class or category of the members of the Force charged with the maintenance of public order as may
be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall
apply as if for the expression “Central Government” occurring therein, the expression “State Government”
were substituted.
43. Arrest how made.—(1) In making an arrest the police officer or other person making the same
shall actually touch or confine the body of the person to be arrested, unless there be a submission to the
custody by word or action:
Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her
submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances
otherwise require or unless the police officer is a female, the police officer shall not touch the person of the
woman for making her arrest.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such
police officer or other person may use all means necessary to effect the arrest.
(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while
making the arrest of a person or while producing such person before the court who is a habitual or repeat
offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act,
drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting
of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
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(4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence
punishable with death or with imprisonment for life.
(5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and
where such exceptional circumstances exist, the woman police officer shall, by making a written report,
obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is
committed or the arrest is to be made.
44. Search of place entered by person sought to be arrested.—(1) If any person acting under a
warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be
arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place
shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto,
and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for
a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained
without affording the person to be arrested an opportunity of escape, for a police officer to enter such place
and search therein, and in order to effect an entrance into such place, to break open any outer or inner door
or window of any house or place, whether that of the person to be arrested or of any other person, if after
notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain
admittance:
Provided that if any such place is an apartment in the actual occupancy of a female (not being the person
to be arrested) who, according to custom, does not appear in public, such person or police officer shall,
before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford
her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or inner
door or window of any house or place in order to liberate himself or any other person who, having lawfully
entered for the purpose of making an arrest, is detained therein.
45. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting
without warrant any person whom he is authorised to arrest, pursue such person into any place in India.
46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police
officer or other person arresting any person without warrant shall forthwith communicate to him full
particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-
bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he
may arrange for sureties on his behalf.
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.—(1)
Every police officer or other person making any arrest under this Sanhita shall forthwith give the
information regarding such arrest and place where the arrested person is being held to any of his relatives,
friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of
giving such information and also to the designated police officer in the district.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he
is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a
book to be kept in the police station in such form as the State Government may, by rules, provide.
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(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy
himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of
such arrested person.
49. Search of arrested person.—(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not provide for the taking of
bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;
and
(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally
be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made
by a private person, the police officer to whom he makes over the person arrested, may search such
person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him
and where any article is seized from the arrested person, a receipt showing the articles taken in
possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another
female with strict regard to decency.
50. Power to seize offensive weapons.—The police officer or other person making any arrest under
this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons
which he has about his person, and shall deliver all weapons so taken to the Court or officer before which
or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested.
51. Examination of accused by medical practitioner at request of police officer.—(1) When a
person is arrested on a charge of committing an offence of such a nature and alleged to have been committed
under such circumstances that there are reasonable grounds for believing that an examination of his person
will afford evidence as to the commission of an offence, it shall be lawful for a registered medical
practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid
and under his direction, to make such an examination of the person arrested as is reasonably necessary in
order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary
for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be
made only by, or under the supervision of, a female registered medical practitioner.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the
investigating officer.
Explanation.—In this section and sections 52 and 53,—
(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual
offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific
techniques including DNA profiling and such other tests which the registered medical practitioner thinks
necessary in a particular case;
(b) “registered medical practitioner” means a medical practitioner who possesses any medical
qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name
has been entered in the National Medical Register or a State Medical Register under that Act.
52. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested
on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds
for believing that an examination of his person will afford evidence as to the commission of such offence,
it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by
a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the
place where the offence has been committed, by any other registered medical practitioner, acting at the
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request of any police officer, and for any person acting in good faith in his aid and under his direction, to
make such an examination of the arrested person and to use such force as is reasonably necessary for that
purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine
such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the
report.
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating
officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred
to in clause (a) of sub-section (6) of that section.
53. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall
be examined by a medical officer in the service of the Central Government or a State Government, and in
case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:
Provided that if the medical officer or the registered medical practitioner is of the opinion that one more
examination of such person is necessary, he may do so:
Provided further that where the arrested person is a female, the examination of the body shall be made
only by or under the supervision of a female medical officer, and in case the female medical officer is not
available, by a female registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall
prepare the record of such examination, mentioning therein any injuries or marks of violence upon the
person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall
be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested
person or the person nominated by such arrested person not available, by a registered medical practitioner
soon after the arrest is made:
54. Identification of person arrested.—Where a person is arrested on a charge of committing an
offence and his identification by any other person or persons is considered necessary for the purpose of
investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of
a police station, direct the person so arrested to subject himself to identification by any person or persons
in such manner as the Court may deem fit:
Provided that if the person identifying the person arrested is mentally or physically disabled, such
process of identification shall take place under the supervision of a Magistrate who shall take appropriate
steps to ensure that such person identifies the person arrested using methods that person is comfortable with
and the identification process shall be recorded by any audio-video electronic means.
55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any
officer in charge of a police station or any police officer making an investigation under Chapter XIII
requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any
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person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the
arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the
arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be
arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under
section 35.
56. Health and safety of arrested person.—It shall be the duty of the person having the custody of an
accused to take reasonable care of the health and safety of the accused.
57. Person arrested to be taken before Magistrate or officer in charge of police station.—A police
officer making an arrest without warr