Contents

The Bharatiya Nagarik Suraksha Sanhita, 2023

Sections

Particulars

Chapter I

Preliminary

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 Magistrates

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-inoffice

Chapter IV

Powers of Superior Officers of Police and Aid to The Magistrates and The Police

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

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

Chapter VII

Processes to Compel The Production of Things

94.

Summons to Produce document or other thing

95.

Procedure as to letters

96.

When searchwarrant 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 searchwarrants 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

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 behavior from persons disseminating certain matters

128.

Security for good behavior from suspected persons

129.

Security for good behavior 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

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

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

Chapter XII

Preventive Action of The Police

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

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

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

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

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

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

Chapter XXI

Trial of Summons-Cases by Magistrates

274.

AdSubstance 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 summonscases 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

307.

Language of Courts

308.

Evidence to be taken in presence of accused

309.

Record in summonscases 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

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

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.

Definitions

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