Bharatiya Nagarik Suraksha Sanhita

Section 402

Special reasons to be recorded in certain cases

⚖️ Bail Procedure Guide 🔨 Punishment & Liability Guide

⚡ Quick Answer Reference: Section 402 BNSS

Provision: Section 402 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: THE JUDGMENT
Jurisdiction: India
Summary: If a court could have dealt with a case under certain laws, but didn't, it must explain why in its judgment. This applies when the court could have handled the case under the Probation of Offenders Act or the Juvenile Justice Act, but chose not to.

Statutory Content

What does Section 402 of BNSS say?

Where in any case the Court could have dealt with,— (a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or (b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.

Indian StandardSection 402, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 402 (India)

Court Pleading StandardSection 402 of the Bharatiya Nagarik Suraksha Sanhita

Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/402

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=bharatiya-nagarik-suraksha-sanhita&sec=402" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 402 of BNSS mean?

Plain English Explanation

If a court could have dealt with a case under certain laws, but didn't, it must explain why in its judgment. This applies when the court could have handled the case under the Probation of Offenders Act or the Juvenile Justice Act, but chose not to.

Practical Interpretation

In real practice, this section means that courts must provide a clear reason for not following the usual procedures when dealing with certain types of cases, such as those involving youthful offenders or individuals who could have been handled under the Probation of Offenders Act.

Core Legal Purpose

The core purpose of this section is to ensure transparency and accountability in the judicial process by requiring courts to provide a clear explanation for any deviation from standard procedures in certain cases.

Key Legal Elements

•The court could have dealt with the case under section 401 or the Probation of Offenders Act, 1958.
•The court could have dealt with the case under the Juvenile Justice (Care and Protection of Children) Act, 2015, or any other law for the treatment, training, or rehabilitation of youthful offenders.
•The court has not dealt with the case under the mentioned laws.
•The court must record special reasons for not dealing with the case under the mentioned laws.

Practical Example

Practical Example of Section 402 BNSS

Rajesh, a 25-year-old, was accused of a minor offense. The court could have dealt with him under the Probation of Offenders Act, but instead, it chose to proceed with a full trial. In its judgment, the court must record the special reasons for not following the usual procedure and instead opting for a full trial.

Common Questions (FAQ)

Frequently Asked Questions about Section 402 BNSS

Q: What is the punishment or consequence under Section 402 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to courts and their judgments, regardless of whether the case involves private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal classification.

Common Questions about Section 402 BNSS

What is Section 402 of BNSS?

Section 402 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Special reasons to be recorded in certain cases". In plain terms: If a court could have dealt with a case under certain laws, but didn't, it must explain why in its judgment. This applies when the court could have handled the case under the Probation of Offenders Act or the Juvenile Justice Act, but chose not to.

What is the punishment under Section 402 of BNSS?

Section 402 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 402 of BNSS bailable or non-bailable?

Whether Section 402 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 402 of BNSS?

The essential elements of Section 402 of BNSS are: The court could have dealt with the case under section 401 or the Probation of Offenders Act, 1958.; The court could have dealt with the case under the Juvenile Justice (Care and Protection of Children) Act, 2015, or any other law for the treatment, training, or rehabilitation of youthful offenders.; The court has not dealt with the case under the mentioned laws..

Landmark Case Laws