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Code of Criminal Procedure, 1973

Section 361

Special reasons to be recorded in certain cases

Quick Answer Reference: Section 361 CrPC

  • Provision: Section 361 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 361 of CrPC say?

Where in any case the Court could have dealt with, an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or a youthful offender under the Children Act, 1960 (60 of 1960), 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 361, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 361 (India)
Court Pleading StandardSection 361 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/361

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 361 CrPC

What is Section 361 of CrPC?

Section 361 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Special reasons to be recorded in certain cases". The section states: Where in any case the Court could have dealt with, an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or a yout...

What is the punishment under Section 361 of CrPC?

Section 361 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 361 of CrPC bailable or non-bailable?

Whether Section 361 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 361 CrPC

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)