Statute Index · 531 Sections

Bharatiya Nagarik Suraksha Sanhita

Sections Directory

Browse all statutory provisions of the Bharatiya Nagarik Suraksha Sanhita below.

Showing 531 of 531 sections

SectionTitle

1Short title, extent and commencement→2Definitions→3Construction of references→4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws→5Saving→6Classes of Criminal Courts→7Territorial divisions→8Court of Session→9Courts of Judicial Magistrates→10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc→11Special Judicial Magistrates→12Local Jurisdiction of Judicial Magistrates→13Subordination of Judicial Magistrates→14Executive Magistrates→15Special Executive Magistrates→16Local Jurisdiction of Executive→17Subordination of Executive Magistrates→18Public Prosecutors→19Assistant Public Prosecutors→20Directorate of Prosecution→21Courts by which offences are triable→22Sentences which High Courts and Sessions Judges may pass→23Sentences which Magistrates may pass→24Sentence of imprisonment in default of fine→25Sentence in cases of conviction of several offences at one trial→26Mode of conferring powers→27Powers of officers appointed→28Withdrawal of powers→29Powers of Judges and Magistrates exercisable by their successors-in office→30Powers of superior officers of police→31Public when to assist Magistrates and police→32Aid to person, other than police officer, executing warrant→33Public to give information of certain offences→34Duty of officers employed in connection with affairs of a village to make certain→35When police may arrest without warrant→36Procedure of arrest and duties of officer making arrest→37Designated police officer→38Right of arrested person to meet an advocate of his choice during interrogation→39Arrest on refusal to give name and residence→40Arrest by private person and procedure on such arrest→41Arrest by Magistrate→42Protection of members of Armed Forces from arrest→43Arrest how made→44Search of place entered by person sought to be arrested→45Pursuit of offenders into other jurisdictions→46No unnecessary restraint→47Person arrested to be informed of grounds of arrest and of right to bail→48Obligation of person making arrest to inform about arrest, etc., to relative or friend→49Search of arrested person→50Power to seize offensive weapons→51Examination of accused by medical practitioner at request of police officer→52Examination of person accused of rape by medical practitioner→53Examination of arrested person by medical officer→54Identification of person arrested→55Procedure when police officer deputes subordinate to arrest without warrant→56Health and safety of arrested person→57Person arrested to be taken before Magistrate or officer in charge of police station→58Person arrested not to be detained more than twenty-four hours→59Police to report apprehensions→60Discharge of person apprehended→61Power, on escape, to pursue and retake→62Arrest to be made strictly according to Sanhita→63Form of summons→64Summons how served→65Service of summons on corporate bodies, firms, and societies→66Service when persons summoned cannot be found→67Procedure when service cannot be effected as before provided→68Service on Government servant→69Service of summons outside local limits→70Proof of service in such cases and when serving officer not present→71Service of summons on witness→72Form of warrant of arrest and duration→73Power to direct security to be taken→74Warrants to whom directed→75Warrant may be directed to any person→76Warrant directed to police officer→77Notification of substance of warrant→78Person arrested to be brought before Court without delay→79Where warrant may be executed→80Warrant forwarded for execution outside jurisdiction→81Warrant directed to police officer for execution outside jurisdiction→82Procedure on arrest of person against whom warrant issued→83Procedure by Magistrate before whom such person arrested is brought→84Proclamation for person absconding→85Attachment of property of person absconding→86Identification and attachment of property of proclaimed person→87Claims and objections to attachment→88Release, sale and restoration of attached property→89Appeal from order rejecting application for restoration of attached property→90Issue of warrant in lieu of, or in addition to, summons→91Power to take bond or bail bond for appearance→92Arrest on breach of bond or bail bond for appearance→93Provisions of this Chapter generally applicable to summons and warrants of arrest→94Summons to produce document or other thing→95Procedure as to letters→96When search-warrant may be issued→97Search of place suspected to contain stolen property, forged documents, etc→98Power to declare certain publications forfeited and to issue search-warrants for→99Application to High Court to set aside declaration of forfeiture→100Search for persons wrongfully confined→101Power to compel restoration of abducted females→102Direction, etc., of search-warrants→103Persons in charge of closed place to allow search→104Disposal of things found in search beyond jurisdiction→105Recording of search and seizure through audio-video electronic means→106Power of police officer to seize certain property→107Attachment, forfeiture or restoration of property→108Magistrate may direct search in his presence→109Power to impound document, etc., produced→110Reciprocal arrangements regarding processes→111Definitions→112Letter of request to competent authority for investigation in a country or place outside→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→125Security for keeping peace on conviction→126Security for keeping peace in other cases→127Security for good behaviour from persons disseminating certain matters→128Security for good behaviour from suspected persons→129Security for good behaviour from habitual offenders→130Order to be made→131Procedure in respect of person present in Court→132Summons or warrant in case of person not so present→133Copy of order to accompany summons or warrant→134Power to dispense with personal attendance→135Inquiry as to truth of information→136Order to give security→137Discharge of person informed against→138Commencement of period for which security is required→139Contents of bond→140Power to reject sureties→141Imprisonment in default of security→142Power to release persons imprisoned for failing to give security→143Security for unexpired period of bond→144Order for maintenance of wives, children and parents→145Procedure→146Alteration in allowance→147Enforcement of order of maintenance→148Dispersal of assembly by use of civil force→149Use of armed forces to disperse assembly→150Power of certain armed force officers to disperse assembly→151Protection against prosecution for acts done under sections 148, 149 and 150→152Conditional order for removal of nuisance→153Service or notification of order→154Person to whom order is addressed to obey or show cause→155Penalty for failure to comply with section 154→156Procedure where existence of public right is denied→157Procedure where person against whom order is made under section 152 appears to show→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→168Police to prevent cognizable offences→169Information of design to commit cognizable offences→170Arrest to prevent commission of cognizable offences→171Prevention of injury to public property→172Persons bound to conform to lawful directions of police→173Information in cognizable cases→174Information as to non-cognizable cases and investigation of such cases→175Police officer’s power to investigate cognizable case→176Police officer's power to investigate cognizable case (Forensics)→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→197Ordinary place of inquiry and trial→198Place of inquiry or trial→199Offence triable where act is done or consequence ensues→200Place of trial where act is an offence by reason of relation to other offence→201Place of trial in case of certain offences→202Offences committed by means of electronic communications, letters, etc→203Offence committed on journey or voyage→204Place of trial for offences triable together→205Power to order cases to be tried in different sessions divisions→206High Court to decide, in case of doubt, district where inquiry or trial shall take place→207Power to issue summons or warrant for offence committed beyond local jurisdiction→208Offence committed outside India→209Receipt of evidence relating to offences committed outside India→210Cognizance of offences by Magistrate→211Transfer on application of accused→212Making over of cases to Magistrates→213Cognizance of offences by Court of Session→214Additional Sessions Judges to try cases made over to them→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→223Examination of complainant→224Procedure by Magistrate not competent to take cognizance of case→225Postponement of issue of process→226Dismissal of complaint→227Issue of process→228Magistrate may dispense with personal attendance of accused→229Special summons in cases of petty offence→230Supply to accused of copy of police report and other documents→231Supply of copies of statements and documents to accused in other cases triable by Court of→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→234Contents of charge→235Particulars as to time, place and person→236When manner of committing offence must be stated→237Words in charge taken in sense of law under which offence is punishable→238Effect of errors→239Court may alter charge→240Recall of witnesses when charge altered→241Separate charges for distinct offences→242Offences of same kind within year may be charged together→243Trial for more than one offence→244Where it is doubtful what offence has been committed→245When offence proved included in offence charged→246What persons may be charged jointly→247Withdrawal of remaining charges on conviction on one of several charges→248Trial to be conducted by Public Prosecutor→249Opening case for prosecution→250Discharge→251Framing of charge→252Conviction on plea of guilty→253Date for prosecution evidence→254Evidence for prosecution→255Acquittal→256Entering upon defence→257Arguments→258Judgment of acquittal or conviction→259Previous conviction→260Procedure in cases instituted under sub-section (2) of section 222→261Compliance with section 230→262When accused shall be discharged→263Framing of charge→264Conviction on plea of guilty→265Evidence for prosecution→266Evidence for defence→267Evidence for prosecution→268When accused shall be discharged→269Procedure where accused is not discharged→270Evidence for defence→271Acquittal or conviction→272Absence of complainant→273Compensation for accusation without reasonable cause→274Substance of accusation to be stated→275Conviction on plea of guilty→276Conviction on plea of guilty in absence of accused in petty cases→277Procedure when not convicted→278Acquittal or conviction→279Non-appearance or death of complainant→280Withdrawal of complaint→281Power to stop proceedings in certain cases→282Power of Court to convert summonscases into warrant-cases→283Power to try summarily→284Summary trial by Magistrate of second class→285Procedure for summary trials→286Record in summary trials→287Judgment in cases tried summarily→288Language of record and judgment→289Application of Chapter→290Application for plea bargaining→291Guidelines for mutually satisfactory disposition→292Report of mutually satisfactory disposition to be submitted before Court→293Disposal of case→294Judgment of Court→295Finality of judgment→296Power of Court in plea bargaining→297Period of detention undergone by accused to be set off against sentence of imprisonment→298Savings→299Statements of accused not to be used→300Non-application of Chapter→301Definitions→302Power to require attendance of prisoners→303Power of State Government or Central Government to exclude certain persons from→304Officer→305Prisoner to be brought to Court in custody→306Power to issue commission for examination of witness in prison→307Language of Courts→308Evidence to be taken in presence of accused→309Record in 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→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→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→367Procedure in case of accused being person of unsound mind→368Procedure in case of person of unsound mind tried before Court→369Release of person of unsound mind pending investigation or trial→370Resumption of inquiry or trial→371Procedure on accused appearing before Magistrate or Court→372When accused appears to have been of sound mind→373Judgment of acquittal on ground of unsoundness of mind→374Person acquitted on ground of unsoundness of mind to be detained in safe custody→375Power of State Government to empower officer in charge to discharge→376Procedure where prisoner of unsound mind is reported capable of making his defence→377Procedure where person of unsound mind detained is declared fit to be released→378Delivery of person of unsound mind to care of relative or friend→379Procedure in cases mentioned in section 215→380Appeal→381Power to order costs→382Procedure of Magistrate taking cognizance→383Summary procedure for trial for giving false evidence→384Procedure in certain cases of contempt→385Procedure where Court considers that case should not be dealt with under→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→392Judgment→393Language and contents of judgment→394Order for notifying address of previously convicted offender→395Order to pay compensation→396Victim compensation scheme→397Treatment of victims→398Witness protection scheme→399Compensation to persons groundlessly arrested→400Order to pay costs in non-cognizable cases→401Order to release on probation of good conduct or after admonition→402Special reasons to be recorded in certain cases→403Court not to alter judgment→404Copy of judgment to be given to accused and other persons→405Judgment when to be translated→406Court of Session to send copy of finding and sentence to District Magistrate→407Sentence of death to be submitted by Court of Session for confirmation→408Power to direct further inquiry to be made or additional evidence to be taken→409Power of High Court to confirm sentence or annul conviction→410Confirmation or new sentence to be signed by two Judges→411Procedure in case of difference of opinion→412Procedure in cases submitted to High Court for confirmation→413No appeal to lie unless otherwise provided→414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping→415Appeals from convictions→416No appeal in certain cases when accused pleads guilty→417No appeal in petty cases→418Appeal by State Government against sentence→419Appeal in case of acquittal→420Appeal against conviction by High Court in certain cases→421Special right of appeal in certain cases→422Appeal to Court of Session how heard→423Petition of appeal→424Procedure when appellant in jail→425Summary dismissal of appeal→426Procedure for hearing appeals not dismissed summarily→427Powers of Appellate Court→428Judgments of subordinate Appellate Court→429Order of High Court on appeal to be certified to lower Court→430Suspension of sentence pending appeal; release of appellant on bail→431Arrest of accused in appeal from acquittal→432Appellate Court may take further evidence or direct it to be taken→433Procedure where Judges of Court of appeal are equally divided.→434Finality of judgments and orders on appeal.→435Abatement of appeals.→436Reference to High Court→437Disposal of case according to decision of High Court→438Calling for records to exercise powers of revision→439Power to order inquiry→440Sessions Judge's powers of revision→441Power of Additional Sessions Judge→442High Court's powers of revision→443Power of High Court to withdraw or transfer revision cases→444Option of Court to hear parties→445High Court's order to be certified to lower Court→446Power of Supreme Court to transfer cases and appeals→447Power of High Court to transfer cases and appeals→448Power of Sessions Judge to transfer cases and appeals→449Withdrawal of cases and appeals by Sessions Judges→450Withdrawal of cases by Judicial Magistrates→451Making over or withdrawal of cases by Executive Magistrates→452Reasons to be recorded→453Execution of order passed under section 409→454Execution of sentence of death passed by High Court→455Postponement of execution of sentence of death in case of appeal to Supreme→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→478In what cases bail to be taken→479Maximum period for which under trial prisoner can be detained→480When bail may be taken in case of non-bailable offence→481Bail to require accused to appear before next Appellate Court→482Direction for grant of bail to person apprehending arrest→483Special powers of High Court or Court of Session regarding bail→484Amount of bond and reduction thereof→485Bond of accused and sureties→486Declaration by sureties→487Discharge from custody→488Power to order sufficient bail when that first taken is insufficient→489Discharge of sureties→490Deposit instead of recognizance→491Procedure when bond has been forfeited→492Cancellation of bond and bail bond→493Procedure in case of insolvency or death of surety or when a bond is forfeited→494Bond required from child→495Appeal from orders under section 491→496Power to direct levy of amount due on certain recognizances→497Order for custody and disposal of property pending trial in certain cases→498Order for disposal of property at conclusion of trial→499Payment to innocent purchaser of money found on accused→500Appeal against orders under section 498 or section 499→501Destruction of libellous and other matter→502Power to restore possession of immovable property→503Procedure by police upon seizure of property→504Procedure where no claimant appears within six months→505Power to sell perishable property→506Irregularities which do not vitiate proceedings→507Irregularities which vitiate proceedings→508Proceedings in wrong place→509Non-compliance with provisions of section 183 or section 316→510Effect of omission to frame, or absence of, or error in, charge→511Finding or sentence when reversible by reason of error, omission or irregularity→512Defect or error not to make attachment unlawful→513Definitions→514Bar to taking cognizance after lapse of period of limitation→515Commencement of period of limitation→516Exclusion of time in certain cases→517Exclusion of date on which Court is closed→518Continuing offence→519Extension of period of limitation in certain cases→520Trials before High Courts→521Delivery to commanding officers of persons liable to be tried by Court-martial→522Forms→523Power of High Court to make rules→524Power to alter functions allocated to Executive Magistrate in certain cases→525Cases in which Judge or Magistrate is personally interested→526Practising advocate not to sit as Magistrate in certain Courts→527Public servant concerned in sale not to purchase or bid for property→528Saving of inherent powers of High Court→529Duty of High Court to exercise continuous superintendence over Courts→530Trial and proceedings to be held in electronic mode→531Repeal and savings→

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