BNSS · 2023
Bharatiya Nagarik Suraksha Sanhita, 2023
The procedure of criminal justice — arrest, investigation, bail, trial and appeal. Replaced the CrPC on 1 July 2024.
Replaces: Code of Criminal Procedure, 1973
Chapter I · Preliminary
Chapter II · Constitution Of Criminal Courts And Offices
- 6Classes of Criminal Courts
- 7Territorial divisions
- 8Court of Session
- 9Courts of Judicial Magistrates
- 10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
- 11Special Judicial Magistrates
- 12Local Jurisdiction of Judicial Magistrates
- 13Subordination of Judicial Magistrates
- 14Executive Magistrates
- 15Special Executive Magistrates
- 16Local Jurisdiction of Executive
- 17Subordination of Executive Magistrates
- 18Public Prosecutors
- 19Assistant Public Prosecutors
- 20Directorate of Prosecution
Chapter III · Power Of Courts
- 21Courts by which offences are triable
- 22Sentences which High Courts and Sessions Judges may pass
- 23Sentences which Magistrates may pass
- 24Sentence of imprisonment in default of fine
- 25Sentence in cases of conviction of several offences at one trial
- 26Mode of conferring powers
- 27Powers of officers appointed
- 28Withdrawal of powers
- 29Powers of Judges and Magistrates exercisable by their successors-in office
Chapter IV · Powers Of Superior Officers Of Police And Aid To The Magistrates And The Police
Chapter V · Arrest Of Persons
- 35When police may arrest without warrant
- 36Procedure of arrest and duties of officer making arrest
- 37Designated police officer
- 38Right of arrested person to meet an advocate of his choice during interrogation
- 39Arrest on refusal to give name and residence
- 40Arrest by private person and procedure on such arrest
- 41Arrest by Magistrate
- 42Protection of members of Armed Forces from arrest
- 43Arrest how made
- 44Search of place entered by person sought to be arrested
- 45Pursuit of offenders into other jurisdictions
- 46No unnecessary restraint
- 47Person arrested to be informed of grounds of arrest and of right to bail
- 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
- 49Search of arrested person
- 50Power to seize offensive weapons
- 51Examination of accused by medical practitioner at request of police officer
- 52Examination of person accused of rape by medical practitioner
- 53Examination of arrested person by medical officer
- 54Identification of person arrested
- 55Procedure when police officer deputes subordinate to arrest without warrant
- 56Health and safety of arrested person
- 57Person arrested to be taken before Magistrate or officer in charge of police station
- 58Person arrested not to be detained more than twenty-four hours
- 59Police to report apprehensions
- 60Discharge of person apprehended
- 61Power, on escape, to pursue and retake
- 62Arrest to be made strictly according to Sanhita
Chapter VI · Processes To Compel Appearance
- 63Form of summons
- 64Summons how served
- 65Service of summons on corporate bodies, firms, and societies
- 66Service when persons summoned cannot be found
- 67Procedure when service cannot be effected as before provided
- 68Service on Government servant
- 69Service of summons outside local limits
- 70Proof of service in such cases and when serving officer not present
- 71Service of summons on witness
- 72Form of warrant of arrest and duration
- 73Power to direct security to be taken
- 74Warrants to whom directed
- 75Warrant may be directed to any person
- 76Warrant directed to police officer
- 77Notification of substance of warrant
- 78Person arrested to be brought before Court without delay
- 79Where warrant may be executed
- 80Warrant forwarded for execution outside jurisdiction
- 81Warrant directed to police officer for execution outside jurisdiction
- 82Procedure on arrest of person against whom warrant issued
- 83Procedure by Magistrate before whom such person arrested is brought
- 84Proclamation for person absconding
- 85Attachment of property of person absconding
- 86Identification and attachment of property of proclaimed person
- 87Claims and objections to attachment
- 88Release, sale and restoration of attached property
- 89Appeal from order rejecting application for restoration of attached property
- 90Issue of warrant in lieu of, or in addition to, summons
- 91Power to take bond or bail bond for appearance
- 92Arrest on breach of bond or bail bond for appearance
- 93Provisions of this Chapter generally applicable to summons and warrants of arrest
Chapter VII · Processes To Compel The Production Of Things
- 94Summons to produce document or other thing
- 95Procedure as to letters
- 96When search-warrant may be issued
- 97Search of place suspected to contain stolen property, forged documents, etc
- 98Power to declare certain publications forfeited and to issue search-warrants for
- 99Application to High Court to set aside declaration of forfeiture
- 100Search for persons wrongfully confined
- 101Power to compel restoration of abducted females
- 102Direction, etc., of search-warrants
- 103Persons in charge of closed place to allow search
- 104Disposal of things found in search beyond jurisdiction
- 105Recording of search and seizure through audio-video electronic means
- 106Power of police officer to seize certain property
- 107Attachment, forfeiture or restoration of property
- 108Magistrate may direct search in his presence
- 109Power to impound document, etc., produced
- 110Reciprocal arrangements regarding processes
Chapter VIII · Reciprocal Arrangements For Assistance In Certain Matters And Procedure For Attachment And Forfeiture Of Property
- 111Definitions
- 112Letter of request to competent authority for investigation in a country or place outside
- 113Letter of request from a country or place outside India to a Court or an authority for
- 114Assistance in securing transfer of persons
- 115Assistance in relation to orders of attachment or forfeiture of property
- 116Identifying unlawfully acquired property
- 117Seizure or attachment of property
- 118Management of properties seized or forfeited under this Chapter
- 119Notice of forfeiture of property
- 120Forfeiture of property in certain cases
- 121Fine in lieu of forfeiture
- 122Certain transfers to be null and void
- 123Procedure in respect of letter of request
- 124Application of this Chapter
Chapter IX · Security For Keeping The Peace And For Good Behaviour
- 125Security for keeping peace on conviction
- 126Security for keeping peace in other cases
- 127Security for good behaviour from persons disseminating certain matters
- 128Security for good behaviour from suspected persons
- 129Security for good behaviour from habitual offenders
- 130Order to be made
- 131Procedure in respect of person present in Court
- 132Summons or warrant in case of person not so present
- 133Copy of order to accompany summons or warrant
- 134Power to dispense with personal attendance
- 135Inquiry as to truth of information
- 136Order to give security
- 137Discharge of person informed against
- 138Commencement of period for which security is required
- 139Contents of bond
- 140Power to reject sureties
- 141Imprisonment in default of security
- 142Power to release persons imprisoned for failing to give security
- 143Security for unexpired period of bond
Chapter X · Order For Maintenance Of Wives, Children And Parents
Chapter XI · Maintenance Of Public Order And Tranquillity
- 148Dispersal of assembly by use of civil force
- 149Use of armed forces to disperse assembly
- 150Power of certain armed force officers to disperse assembly
- 151Protection against prosecution for acts done under sections 148, 149 and 150
- 152Conditional order for removal of nuisance
- 153Service or notification of order
- 154Person to whom order is addressed to obey or show cause
- 155Penalty for failure to comply with section 154
- 156Procedure where existence of public right is denied
- 157Procedure where person against whom order is made under section 152 appears to show
- 158Power of Magistrate to direct local investigation and examination of an expert
- 159Power of Magistrate to furnish written instructions, etc
- 160Procedure on order being made absolute and consequences of disobedience
- 161Injunction pending inquiry
- 162Magistrate may prohibit repetition or Continuance of public nuisance
- 163Power to issue order in urgent cases of nuisance or apprehended danger
- 164Procedure where dispute concerning land or water is likely to cause breach of
- 165Power to attach subject of dispute and to appoint receiver
- 166Dispute concerning right of use of land or water
- 167Local inquiry
Chapter XII · Preventive Action Of The Police
Chapter XIII · Information To The Police And Their Powers To Investigate
- 173Information in cognizable cases
- 174Information as to non-cognizable cases and investigation of such cases
- 175Police officer’s power to investigate cognizable case
- 176Procedure for investigation
- 177Report how submitted
- 178Power to hold investigation or preliminary inquiry
- 179Police officer's power to require attendance of witnesses
- 180Examination of witnesses by police
- 181Statements to police and use thereof
- 182No inducement to be offered
- 183Recording of confessions and statements
- 184Medical examination of victim of rape
- 185Search by police officer
- 186When officer in charge of police station may require another to issue search-warrant
- 187Procedure when investigation cannot be completed in twenty-four hours
- 188Report of investigation by subordinate police officer
- 189Release of accused when evidence deficient
- 190Cases to be sent to Magistrate, when evidence is sufficient
- 191Complainant and witnesses not to be required to accompany police officer and not to be
- 192Diary of proceedings in investigation
- 193Report of police officer on completion of investigation
- 194Police to enquire and report on suicide, etc
- 195Power to summon persons
- 196Inquiry by Magistrate into cause of death
Chapter XIV · Jurisdiction Of The Criminal Courts In Inquiries And Trials
- 197Ordinary place of inquiry and trial
- 198Place of inquiry or trial
- 199Offence triable where act is done or consequence ensues
- 200Place of trial where act is an offence by reason of relation to other offence
- 201Place of trial in case of certain offences
- 202Offences committed by means of electronic communications, letters, etc
- 203Offence committed on journey or voyage
- 204Place of trial for offences triable together
- 205Power to order cases to be tried in different sessions divisions
- 206High Court to decide, in case of doubt, district where inquiry or trial shall take place
- 207Power to issue summons or warrant for offence committed beyond local jurisdiction
- 208Offence committed outside India
- 209Receipt of evidence relating to offences committed outside India
Chapter XV · Conditions Requisite For Initiation Of Proceedings
- 210Cognizance of offences by Magistrate
- 211Transfer on application of accused
- 212Making over of cases to Magistrates
- 213Cognizance of offences by Court of Session
- 214Additional Sessions Judges to try cases made over to them
- 215Prosecution for contempt of lawful authority of public servants, for offences against public
- 216Procedure for witnesses in case of threatening, etc
- 217Prosecution for offences against State and for criminal conspiracy to commit such
- 218Prosecution of Judges and public servants
- 219Prosecution for offences against marriage
- 220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
- 221Cognizance of offence
- 222Prosecution for defamation
Chapter XVI · Complaints To Magistrates
Chapter XVII · Commencement Of Proceedings Before Magistrates
- 227Issue of process
- 228Magistrate may dispense with personal attendance of accused
- 229Special summons in cases of petty offence
- 230Supply to accused of copy of police report and other documents
- 231Supply of copies of statements and documents to accused in other cases triable by Court of
- 232Commitment of case to Court of Session when offence is triable exclusively by it
- 233Procedure to be followed when there is a complaint case and police investigation in respect
Chapter XVIII · The Charge
- 234Contents of charge
- 235Particulars as to time, place and person
- 236When manner of committing offence must be stated
- 237Words in charge taken in sense of law under which offence is punishable
- 238Effect of errors
- 239Court may alter charge
- 240Recall of witnesses when charge altered
- 241Separate charges for distinct offences
- 242Offences of same kind within year may be charged together
- 243Trial for more than one offence
- 244Where it is doubtful what offence has been committed
- 245When offence proved included in offence charged
- 246What persons may be charged jointly
- 247Withdrawal of remaining charges on conviction on one of several charges
Chapter XIX · Trial Before A Court Of Session
- 248Trial to be conducted by Public Prosecutor
- 249Opening case for prosecution
- 250Discharge
- 251Framing of charge
- 252Conviction on plea of guilty
- 253Date for prosecution evidence
- 254Evidence for prosecution
- 255Acquittal
- 256Entering upon defence
- 257Arguments
- 258Judgment of acquittal or conviction
- 259Previous conviction
- 260Procedure in cases instituted under sub-section (2) of section 222
Chapter XX · Trial Of Warrant-Cases By Magistrates
- 261Compliance with section 230
- 262When accused shall be discharged
- 263Framing of charge
- 264Conviction on plea of guilty
- 265Evidence for prosecution
- 266Evidence for defence
- 267Evidence for prosecution
- 268When accused shall be discharged
- 269Procedure where accused is not discharged
- 270Evidence for defence
- 271Acquittal or conviction
- 272Absence of complainant
- 273Compensation for accusation without reasonable cause
Chapter XXI · Trial Of Summons-Cases By Magistrates
- 274Substance of accusation to be stated
- 275Conviction on plea of guilty
- 276Conviction on plea of guilty in absence of accused in petty cases
- 277Procedure when not convicted
- 278Acquittal or conviction
- 279Non-appearance or death of complainant
- 280Withdrawal of complaint
- 281Power to stop proceedings in certain cases
- 282Power of Court to convert summonscases into warrant-cases
Chapter XXII · Summary Trials
Chapter XXIII · Plea Bargaining
- 289Application of Chapter
- 290Application for plea bargaining
- 291Guidelines for mutually satisfactory disposition
- 292Report of mutually satisfactory disposition to be submitted before Court
- 293Disposal of case
- 294Judgment of Court
- 295Finality of judgment
- 296Power of Court in plea bargaining
- 297Period of detention undergone by accused to be set off against sentence of imprisonment
- 298Savings
- 299Statements of accused not to be used
- 300Non-application of Chapter
Chapter XXIV · Attendance Of Persons Confined Or Detained In Prisons
- 301Definitions
- 302Power to require attendance of prisoners
- 303Power of State Government or Central Government to exclude certain persons from
- 304Officer in charge of prison to abstain from carrying out order in certain
- 305Prisoner to be brought to Court in custody
- 306Power to issue commission for examination of witness in prison
Chapter XXV · Evidence In Inquiries And Trials
- 307Language of Courts
- 308Evidence to be taken in presence of accused
- 309Record in summonscases and inquiries
- 310Record in warrant-cases
- 311Record in trial before Court of Session
- 312Language of record of evidence
- 313Procedure in regard to such evidence when completed
- 314Interpretation of evidence to accused or his advocate
- 315Remarks respecting demeanour of witness
- 316Record of examination of accused
- 317Interpreter to be bound to interpret truthfully
- 318Record in High Court
- 319When attendance of witness may be dispensed with and commission issued
- 320Commission to whom to be issued
- 321Execution of commissions
- 322Parties may examine witnesses
- 323Return of commission
- 324Adjournment of proceeding
- 325Execution of foreign commissions
- 326Deposition of medical witness
- 327Identification report of Magistrate
- 328Evidence of officers of Mint
- 329Reports of certain Government scientific experts
- 330No formal proof of certain documents
- 331Affidavit in proof of conduct of public servants
- 332Evidence of formal character on affidavit
- 333Authorities before whom affidavits may be sworn
- 334Previous conviction or acquittal how proved
- 335Record of evidence in absence of accused
- 336Evidence of public servants, experts, police officers in certain cases
Chapter XXVI · General Provisions As To Inquiries And Trials
- 337Person once convicted or acquitted not to be tried for same offence
- 338Appearance by Public Prosecutors
- 339Permission to conduct prosecution
- 340Right of person against whom proceedings are instituted to be defended
- 341Legal aid to accused at State expense in certain cases
- 342Procedure when corporation or registered society is an accused
- 343Tender of pardon to accomplice
- 344Power to direct tender of pardon
- 345Trial of person not complying with conditions of pardon
- 346Power to postpone or adjourn proceedings
- 347Local inspection
- 348Power to summon material witness, or examine person present
- 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
- 350Expenses of complainants and witnesses
- 351Power to examine accused
- 352Oral arguments and memorandum of arguments
- 353Accused person to be competent witness
- 354No influence to be used to induce disclosure
- 355Provision for inquiries and trial being held in absence of accused in certain cases
- 356Inquiry, trial or judgment in absentia of proclaimed offender
- 357Procedure where accused does not understand proceedings
- 358Power to proceed against other persons appearing to be guilty of offence
- 359Compounding of offences
- 360Withdrawal from prosecution
- 361Procedure in cases which Magistrate cannot dispose of
- 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be
- 363Trial of persons previously convicted of offences against coinage, stamp-law or
- 364Procedure when Magistrate cannot pass sentence sufficiently severe
- 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by
- 366Court to be open
Chapter XXVII · Provisions As To Accused Persons Of Unsound Mind
- 367Procedure in case of accused being person of unsound mind
- 368Procedure in case of person of unsound mind tried before Court
- 369Release of person of unsound mind pending investigation or trial
- 370Resumption of inquiry or trial
- 371Procedure on accused appearing before Magistrate or Court
- 372When accused appears to have been of sound mind
- 373Judgment of acquittal on ground of unsoundness of mind
- 374Person acquitted on ground of unsoundness of mind to be detained in safe custody
- 375Power of State Government to empower officer in charge to discharge
- 376Procedure where prisoner of unsound mind is reported capable of making his defence
- 377Procedure where person of unsound mind detained is declared fit to be released
- 378Delivery of person of unsound mind to care of relative or friend
Chapter XXVIII · Provisions As To Offences Affecting The Administration Of Justice
- 379Procedure in cases mentioned in section 215
- 380Appeal
- 381Power to order costs
- 382Procedure of Magistrate taking cognizance
- 383Summary procedure for trial for giving false evidence
- 384Procedure in certain cases of contempt
- 385Procedure where Court considers that case should not be dealt with under
- 386When Registrar or Sub-Registrar to be deemed a Civil Court
- 387Discharge of offender on submission of apology
- 388Imprisonment or committal of person refusing to answer or produce document
- 389Summary procedure for punishment for non-attendance by a witness in obedience to
- 390Appeals from convictions under sections 383, 384, 388 and 389
- 391Certain Judges and Magistrates not to try certain offences when committed before
Chapter XXIX · The Judgment
- 392Judgment
- 393Language and contents of judgment
- 394Order for notifying address of previously convicted offender
- 395Order to pay compensation
- 396Victim compensation scheme
- 397Treatment of victims
- 398Witness protection scheme
- 399Compensation to persons groundlessly arrested
- 400Order to pay costs in non-cognizable cases
- 401Order to release on probation of good conduct or after admonition
- 402Special reasons to be recorded in certain cases
- 403Court not to alter judgment
- 404Copy of judgment to be given to accused and other persons
- 405Judgment when to be translated
- 406Court of Session to send copy of finding and sentence to District Magistrate
Chapter XXX · Submission Of Death Sentences For Confirmation
- 407Sentence of death to be submitted by Court of Session for confirmation
- 408Power to direct further inquiry to be made or additional evidence to be taken
- 409Power of High Court to confirm sentence or annul conviction
- 410Confirmation or new sentence to be signed by two Judges
- 411Procedure in case of difference of opinion
- 412Procedure in cases submitted to High Court for confirmation
Chapter XXXI · Appeals
- 413No appeal to lie unless otherwise provided
- 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping
- 415Appeals from convictions
- 416No appeal in certain cases when accused pleads guilty
- 417No appeal in petty cases
- 418Appeal by State Government against sentence
- 419Appeal in case of acquittal
- 420Appeal against conviction by High Court in certain cases
- 421Special right of appeal in certain cases
- 422Appeal to Court of Session how heard
- 423Petition of appeal
- 424Procedure when appellant in jail
- 425Summary dismissal of appeal
- 426Procedure for hearing appeals not dismissed summarily
- 427Powers of Appellate Court
- 428Judgments of subordinate Appellate Court
- 429Order of High Court on appeal to be certified to lower Court
- 430Suspension of sentence pending appeal; release of appellant on bail
- 431Arrest of accused in appeal from acquittal
- 432Appellate Court may take further evidence or direct it to be taken
- 433Procedure where Judges of Court of appeal are equally divided
- 434Finality of judgments and orders on appeal
- 435Abatement of appeals
Chapter XXXII · Reference And Revision
- 436Reference to High Court
- 437Disposal of case according to decision of High Court
- 438Calling for records to exercise powers of revision
- 439Power to order inquiry
- 440Sessions Judge's powers of revision
- 441Power of Additional Sessions Judge
- 442High Court's powers of revision
- 443Power of High Court to withdraw or transfer revision cases
- 444Option of Court to hear parties
- 445High Court's order to be certified to lower Court
Chapter XXXIII · Transfer Of Criminal Cases
- 446Power of Supreme Court to transfer cases and appeals
- 447Power of High Court to transfer cases and appeals
- 448Power of Sessions Judge to transfer cases and appeals
- 449Withdrawal of cases and appeals by Sessions Judges
- 450Withdrawal of cases by Judicial Magistrates
- 451Making over or withdrawal of cases by Executive Magistrates
- 452Reasons to be recorded
Chapter XXXIV · Execution, Suspension, Remission And Commutation Of Sentences
- 453Execution of order passed under section 409
- 454Execution of sentence of death passed by High Court
- 455Postponement of execution of sentence of death in case of appeal to Supreme
- 456Commutation of sentence of death on pregnant woman
- 457Power to appoint place of imprisonment
- 458Execution of sentence of imprisonment
- 459Direction of warrant for execution
- 460Warrant with whom to be lodged
- 461Warrant for levy of fine
- 462Effect of such warrant
- 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not
- 464Suspension of execution of sentence of imprisonment
- 465Who may issue warrant
- 466Sentence on escaped convict when to take effect
- 467Sentence on offender already sentenced for another offence
- 468Period of detention undergone by accused to be set off against sentence of imprisonment
- 469Saving
- 470Return of warrant on execution of sentence
- 471Money ordered to be paid recoverable as a fine
- 472Mercy petition in death sentence cases
- 473Power to suspend or remit sentences
- 474Power to commute sentence
- 475Restriction on powers of remission or commutation in certain cases
- 476Concurrent power of Central Government in case of death sentences
- 477State Government to act after concurrence with Central Government in certain cases
Chapter XXXV · Provisions As To Bail And Bonds
- 478In what cases bail to be taken
- 479Maximum period for which under trial prisoner can be detained
- 480When bail may be taken in case of non-bailable offence
- 481Bail to require accused to appear before next Appellate Court
- 482Direction for grant of bail to person apprehending arrest
- 483Special powers of High Court or Court of Session regarding bail
- 484Amount of bond and reduction thereof
- 485Bond of accused and sureties
- 486Declaration by sureties
- 487Discharge from custody
- 488Power to order sufficient bail when that first taken is insufficient
- 489Discharge of sureties
- 490Deposit instead of recognizance
- 491Procedure when bond has been forfeited
- 492Cancellation of bond and bail bond
- 493Procedure in case of insolvency or death of surety or when a bond is forfeited
- 494Bond required from child
- 495Appeal from orders under section 491
- 496Power to direct levy of amount due on certain recognizances
Chapter XXXVI · Disposal Of Property
- 497Order for custody and disposal of property pending trial in certain cases
- 498Order for disposal of property at conclusion of trial
- 499Payment to innocent purchaser of money found on accused
- 500Appeal against orders under section 498 or section 499
- 501Destruction of libellous and other matter
- 502Power to restore possession of immovable property
- 503Procedure by police upon seizure of property
- 504Procedure where no claimant appears within six months
- 505Power to sell perishable property
Chapter XXXVII · Irregular Proceedings
- 506Irregularities which do not vitiate proceedings
- 507Irregularities which vitiate proceedings
- 508Proceedings in wrong place
- 509Non-compliance with provisions of section 183 or section 316
- 510Effect of omission to frame, or absence of, or error in, charge
- 511Finding or sentence when reversible by reason of error, omission or irregularity
- 512Defect or error not to make attachment unlawful
Chapter XXXVIII · Limitation For Taking Cognizance Of Certain Offences
Chapter XXXIX · Miscellaneous
- 520Trials before High Courts
- 521Delivery to commanding officers of persons liable to be tried by Court-martial
- 522Forms
- 523Power of High Court to make rules
- 524Power to alter functions allocated to Executive Magistrate in certain cases
- 525Cases in which Judge or Magistrate is personally interested
- 526Practising advocate not to sit as Magistrate in certain Courts
- 527Public servant concerned in sale not to purchase or bid for property
- 528Saving of inherent powers of High Court
- 529Duty of High Court to exercise continuous superintendence over Courts
- 530Trial and proceedings to be held in electronic mode
- 531Repeal and savings