Bharatiya Nagarik Suraksha Sanhita, 2023

Short title and extent, definitions, and rules for trying offences under the BNS and other laws.

All sections in this chapter

• 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.

The classes of criminal courts and the offices connected with them, such as Sessions Judges, Judicial Magistrates and Executive Magistrates.

All sections in this chapter

• 6. Classes of Criminal Courts.
• 7. Territorial divisions.
• 8. Court of Session.
• 9. Courts of Judicial Magistrates.
• 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
• 11. Special Judicial Magistrates.
• 12. Local Jurisdiction of Judicial Magistrates.
• 13. Subordination of Judicial Magistrates.
• 14. Executive Magistrates.
• 15. Special Executive Magistrates.
• 16. Local Jurisdiction of Executive Magistrates.
• 17. Subordination of Executive Magistrates.
• 18. Public Prosecutors.
• 19. Assistant Public Prosecutors.
• 20. Directorate of Prosecution.

Which courts can try which offences and the sentences each court can pass.

All sections in this chapter

• 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.

Powers of senior police officers and the duty of the public to help Magistrates and the police.

All sections in this chapter

• 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.

Arrest: when police can arrest with or without a warrant, how an arrest is made, the rights of an arrested person and the 24-hour rule.

Key sections explained

• BNSS 35. When police may arrest without warrant.
  Lists when the police may arrest without a warrant. For some cases the police can instead issue a notice asking the person to appear.Earlier law: CrPC 41, 41A
• BNSS 43. Arrest how made.
  How an arrest is made.Earlier law: CrPC 46
• BNSS 47. Person arrested to be informed of grounds of arrest and of right to bail.
  A person arrested must be told the grounds of arrest and, where the offence is bailable, of the right to be released on bail.Earlier law: CrPC 50
• BNSS 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.
  The person making the arrest must tell a relative or friend of the arrested person about the arrest.Earlier law: CrPC 50A
• BNSS 58. Person arrested not to be detained more than twenty-four hours.
  A person arrested without a warrant cannot be kept in custody for more than 24 hours without a Magistrate’s order, not counting travel time.Earlier law: CrPC 57

All sections in this chapter

• 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.

Processes to make a person appear in court: summons, warrants of arrest, proclamations and attachment.

All sections in this chapter

• 63. Form of summons.
• 64. Summons how served.
• 65. Service of summons on corporate bodies, firms, and societies.
• 66. Service when persons summoned cannot be found.
• 67. Procedure when service cannot be effected as before provided.
• 68. Service on Government servant.
• 69. Service of summons outside local limits.
• 70. Proof of service in such cases and when serving officer not present.
• 71. Service of summons on witness.
• 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.
• 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.
• 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.

Processes to compel the production of documents or things, including summons to produce and search warrants.

Key sections explained

• BNSS 105. Recording of search and seizure through audio-video electronic means.
  Search and seizure should be recorded through audio-video electronic means.

All sections in this chapter

• 94. Summons to produce document or other thing.
• 95. Procedure as to letters.
• 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.
• 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.
• 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.

Cooperation with other countries in criminal matters and the procedure for attaching and forfeiting property.

All sections in this chapter

• 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.

Orders requiring security for keeping the peace and for good behaviour.

All sections in this chapter

• 125. Security for keeping peace on conviction.
• 126. Security for keeping peace in other cases.
• 127. Security for good behaviour from persons disseminating certain matters.
• 128. Security for good behaviour from suspected persons.
• 129. Security for good behaviour from habitual offenders.
• 130. Order to be made.
• 131. Procedure in respect of person present in Court.
• 132. Summons or warrant in case of person not so present.
• 133. Copy of order to accompany summons or warrant.
• 134. Power to dispense with personal attendance.
• 135. Inquiry as to truth of information.
• 136. Order to give security.
• 137. Discharge of person informed against.
• 138. Commencement of period for which security is required.
• 139. Contents of bond.
• 140. Power to reject sureties.
• 141. Imprisonment in default of security.
• 142. Power to release persons imprisoned for failing to give security.
• 143. Security for unexpired period of bond.

Orders for maintenance of wives, children and parents.

All sections in this chapter

• 144. Order for maintenance of wives, children and parents.
• 145. Procedure.
• 146. Alteration in allowance.
• 147. Enforcement of order of maintenance.

Maintaining public order, including dealing with unlawful assemblies and public nuisance.

All sections in this chapter

• 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.
• 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.
• 163. Power to issue order in urgent cases of nuisance or apprehended danger.
• 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.

Preventive action by the police.

All sections in this chapter

• 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.

How information about offences reaches the police, including the FIR, and the police powers of investigation.

Key sections explained

• BNSS 173. Information in cognizable cases.
  The FIR provision. Information about a cognizable offence can be given orally or by electronic communication, whatever the place of the offence (this is the basis of the “Zero FIR”). An oral report is written down, read over and signed. A report sent electronically has to be signed within three days. Reports by women about certain offences are to be recorded by a woman officer.Earlier law: CrPC 154
• BNSS 174. Information as to non-cognizable cases and investigation of such cases.
  Information about non-cognizable offences and how the police deal with them.Earlier law: CrPC 155
• BNSS 175. Police officer's power to investigate cognizable case.
  The police officer’s power to investigate a cognizable case.Earlier law: CrPC 156
• BNSS 176. Procedure for investigation.
  The officer must report to the Magistrate and visit the spot, with exceptions. In rape cases, the victim’s statement is to be recorded at her residence or place of choice, as far as possible by a woman officer, and it can be recorded by audio-video means.Earlier law: CrPC 157
• BNSS 179. Police officer's power to require attendance of witnesses.
  The police officer’s power to require the attendance of witnesses.Earlier law: CrPC 160
• BNSS 180. Examination of witnesses by police.
  Examination of witnesses by the police.Earlier law: CrPC 161
• BNSS 183. Recording of confessions and statements.
  Recording of confessions and statements before a Magistrate.Earlier law: CrPC 164
• BNSS 187. Procedure when investigation cannot be completed in twenty-four hours.
  When an investigation cannot be completed in 24 hours, the accused is sent to a Magistrate. The Magistrate can authorise police custody for up to 15 days in whole or in parts, within the first 40 or 60 days of the detention period, and detention overall is limited to 60 or 90 days depending on the offence. After that, the accused can claim default bail.Earlier law: CrPC 167
• BNSS 193. Report of police officer on completion of investigation.
  The police report (chargesheet) on completing the investigation.Earlier law: CrPC 173

All sections in this chapter

• 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.

Which court has jurisdiction to inquire into or try an offence, based on where it happened.

All sections in this chapter

• 197. Ordinary place of inquiry and trial.
• 198. Place of inquiry or trial.
• 199. Offence triable where act is done or consequence ensues.
• 200. Place of trial where act is an offence by reason of relation to other offence.
• 201. Place of trial in case of certain offences.
• 202. Offences committed by means of electronic communications, letters, etc.
• 203. Offence committed on journey or voyage.
• 204. Place of trial for offences triable together.
• 205. Power to order cases to be tried in different sessions divisions.
• 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
• 207. Power to issue summons or warrant for offence committed beyond local jurisdiction.
• 208. Offence committed outside India.
• 209. Receipt of evidence relating to offences committed outside India.

Conditions that must be met before a court can start proceedings for certain offences.

Key sections explained

• BNSS 210. Cognizance of offences by Magistrate.
  When a Magistrate can take cognizance of an offence.Earlier law: CrPC 190

All sections in this chapter

• 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.

How a complaint is made to a Magistrate and examined.

Key sections explained

• BNSS 223. Examination of complainant.
  Examination of the complainant by the Magistrate.Earlier law: CrPC 200

All sections in this chapter

• 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.

How proceedings start before a Magistrate, including issue of process.

Key sections explained

• BNSS 230. Supply to accused of copy of police report and other documents.
  The accused must be given copies of the police report and other documents.

All sections in this chapter

• 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.

The charge: its form and content, and how charges can be joined or altered.

All sections in this chapter

• 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.
• 241. Separate charges for distinct offences.
• 242. Offences of same kind within year may be charged together.
• 243. Trial for more than one offence.
• 244. Where it is doubtful what offence has been committed.
• 245. When offence proved included in offence charged.
• 246. What persons may be charged jointly.
• 247. Withdrawal of remaining charges on conviction on one of several charges.

Trial before a Court of Session.

Key sections explained

• BNSS 251. Framing of charge.
  Framing of the charge.

All sections in this chapter

• 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.

Trial of warrant-cases (more serious cases) by Magistrates.

All sections in this chapter

• 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.
• 267. Evidence for prosecution.
• 268. When accused shall be discharged.
• 269. Procedure where accused is not discharged.
• 270. Evidence for defence.
• 271. Acquittal or conviction.
• 272. Absence of complainant.
• 273. Compensation for accusation without reasonable cause.

Trial of summons-cases (less serious cases) by Magistrates.

All sections in this chapter

• 274. Substance of accusation to be stated.
• 275. Conviction on plea of guilty.
• 276. Conviction on plea of guilty in absence of accused in petty cases.
• 277. Procedure when not convicted.
• 278. Acquittal or conviction.
• 279. Non-appearance or death of complainant.
• 280. Withdrawal of complaint.
• 281. Power to stop proceedings in certain cases.
• 282. Power of Court to convert summons-cases into warrant-cases.

Summary trials: a shorter procedure for certain minor offences.

All sections in this chapter

• 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.

Plea bargaining: how an accused can apply and how the court disposes of the case.

Key sections explained

• BNSS 290. Application for plea bargaining.
  How an accused applies for plea bargaining.

All sections in this chapter

• 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.

Attendance in court of people who are confined or detained in prisons.

All sections in this chapter

• 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.

Evidence in inquiries and trials, such as how witnesses are examined and recorded.

All sections in this chapter

• 307. Language of Courts.
• 308. Evidence to be taken in presence of accused.
• 309. Record in summons-cases and inquiries.
• 310. Record in warrant-cases.
• 311. Record in trial before Court of Session.
• 312. Language of record of evidence.
• 313. Procedure in regard to such evidence when completed.
• 314. Interpretation of evidence to accused or his advocate.
• 315. Remarks respecting demeanour of witness.
• 316. Record of examination of accused.
• 317. Interpreter to be bound to interpret truthfully.
• 318. Record in High Court.
• 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.

General provisions that apply to inquiries and trials.

Key sections explained

• BNSS 337. Person once convicted or acquitted not to be tried for same offence.
  A person once convicted or acquitted of an offence cannot be tried again for the same offence.

All sections in this chapter

• 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.
• 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.

Procedure for accused persons of unsound mind.

All sections in this chapter

• 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.

Offences affecting the administration of justice, such as contempt and false evidence in court, and how courts deal with them.

All sections in this chapter

• 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.

The judgment: how it is pronounced and what it must contain.

Key sections explained

• BNSS 392. Judgment.
  The judgment.Earlier law: CrPC 353

All sections in this chapter

• 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.

Submission of death sentences to the High Court for confirmation.

All sections in this chapter

• 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.

Appeals against convictions and other orders.

Key sections explained

• BNSS 415. Appeals from convictions.Earlier law: CrPC 374

All sections in this chapter

• 413. No appeal to lie unless otherwise provided.
• 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
• 415. Appeals from convictions.
• 416. No appeal in certain cases when accused pleads guilty.
• 417. No appeal in petty cases.
• 418. Appeal by State Government against sentence.
• 419. Appeal in case of acquittal.
• 420. Appeal against conviction by High Court in certain cases.
• 421. Special right of appeal in certain cases.
• 422. Appeal to Court of Session how heard.
• 423. Petition of appeal.
• 424. Procedure when appellant in jail.
• 425. Summary dismissal of appeal.
• 426. Procedure for hearing appeals not dismissed summarily.
• 427. Powers of Appellate Court.
• 428. Judgments of subordinate Appellate Court.
• 429. Order of High Court on appeal to be certified to lower Court.
• 430. Suspension of sentence pending appeal; release of appellant on bail.
• 431. Arrest of accused in appeal from acquittal.
• 432. Appellate Court may take further evidence or direct it to be taken.
• 433. Procedure where Judges of Court of appeal are equally divided.
• 434. Finality of judgments and orders on appeal.
• 435. Abatement of appeals.

Reference and revision: how higher courts examine lower court records.

All sections in this chapter

• 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.

Transfer of criminal cases between courts.

All sections in this chapter

• 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.

Execution of sentences, and suspension, remission and commutation.

All sections in this chapter

• 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.
• 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.
• 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.
• 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.
• 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.

Bail and bonds, including bail in bailable and non-bailable offences, anticipatory bail and the limit on detention of undertrial prisoners.

Key sections explained

• BNSS 479. Maximum period for which undertrial prisoner can be detained.
  The maximum period an undertrial prisoner can be detained. Generally, a person who has served one-half of the maximum sentence for the offence is to be released on bail, and a first-time offender who has served one-third is to be released on bond. It does not apply to offences punishable with death or life imprisonment. The court can order longer detention for reasons recorded in writing.Earlier law: CrPC 436A
• BNSS 480. When bail may be taken in case of non-bailable offence.
  Bail in non-bailable offences.Earlier law: CrPC 437
• BNSS 482. Direction for grant of bail to person apprehending arrest.
  Anticipatory bail: a direction for bail to a person who fears arrest.Earlier law: CrPC 438
• BNSS 483. Special powers of High Court or Court of Session regarding bail.
  Special powers of the High Court and Court of Session regarding bail.Earlier law: CrPC 439

All sections in this chapter

• 478. In what cases bail to be taken.
• 479. Maximum period for which undertrial prisoner can be detained.
• 480. When bail may be taken in case of non-bailable offence.
• 481. Bail to require accused to appear before next Appellate Court.
• 482. Direction for grant of bail to person apprehending arrest.
• 483. Special powers of High Court or Court of Session regarding bail.
• 484. Amount of bond and reduction thereof.
• 485. Bond of accused and sureties.
• 486. Declaration by sureties.
• 487. Discharge from custody.
• 488. Power to order sufficient bail when that first taken is insufficient.
• 489. Discharge of sureties.
• 490. Deposit instead of recognizance.
• 491. Procedure when bond has been forfeited.
• 492. Cancellation of bond and bail bond.
• 493. Procedure in case of insolvency of death of surety or when 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.

Disposal of property connected with a case.

All sections in this chapter

• 497. Order for custody and disposal of property pending trial in certain cases.
• 498. Order for disposal of property at conclusion of trial.
• 499. Payment to innocent purchaser of money found on accused.
• 500. Appeal against orders under section 498 or section 499.
• 501. Destruction of libellous and other matter.
• 502. Power to restore possession of immovable property.
• 503. Procedure by police upon seizure of property.
• 504. Procedure where no claimant appears within six months.
• 505. Power to sell perishable property.

Irregular proceedings and their effect.

All sections in this chapter

• 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.

Time limits for a court to take cognizance of certain offences.

All sections in this chapter

• 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.

Miscellaneous provisions, including trial and proceedings in electronic mode, and repeal and savings.

Key sections explained

• BNSS 528. Saving of inherent powers of High Court.
  Saves the inherent powers of the High Court. Note that the old number 482 now refers to anticipatory bail.Earlier law: CrPC 482
• BNSS 530. Trial and proceedings to be held in electronic mode.
  Trial and other proceedings can be held in electronic mode.

All sections in this chapter

• 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.