Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023, with its 530 sections listed below.

Act number

46 of 2023

Year

2023

Published by

Ministry of Home Affairs

Edition

Ministry-published 2024 source copy

Sections

• 2. Definitions
• 3. Construction of references
• 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
• 5. Saving
• 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
• 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. Section 28 BNSS
• 29. Section 29 BNSS
• 30. Section 30 BNSS
• 31. Every person is bound to assist a Magistrate or police officer reasonably demanding his aid
• 32. Section 32 BNSS
• 33. Section 33 BNSS
• 34. Duty of officers employed in connection with affairs of a village to make certain report
• 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
• 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. Section 84 BNSS
• 85. Section 85 BNSS
• 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
• 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 searchwarrants
• 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 audiovideo 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
• 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
• 125. Security for keeping peace on conviction
• 126. Security for keeping peace in other cases
• 127. Security for good behaviour from persons disseminating certain matters
• 128. Security for good behaviour from suspected persons
• 129. Security for good behaviour 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
• 144. Order for maintenance of wives, children and parents
• 145. Procedure
• 146. Alteration in allowance
• 147. Enforcement of order of maintenance
• 148. Section 148 BNSS
• 149. Section 149 BNSS
• 150. Section 150 BNSS
• 151. Section 151 BNSS
• 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
• 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
• 173. Information in cognizable cases
• 174. Information as to noncognizable 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 searchwarrant
• 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
• 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
• 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
• 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
• 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
• 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. Compliance with section 230
• 261. When accused shall be discharged
• 262. Procedure in cases instituted under sub-section ( 2) of section 222
• 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
• 274. Substance 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
• 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
• 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. Nonapplication of Chapter
• 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
• 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. Evidence of formal character on affidavit
• 332. Affidavit in proof of conduct of public servants
• 333. Authorities before whom affidavits may be sworn
• 334. Previous conviction or acquittal how proved
• 335. Evidence of public servants, experts, police officers in certain cases
• 336. Record of evidence in absence of accused
• 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
• 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
• 379. Procedure in cases mentioned in section 215
• 380. Appeal
• 381. Power to order costs
• 382. Procedure of Magistrate taking cognizance
• 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
• 386. When Registrar or Sub-Registrar to be deemed a Civil Court
• 387. Discharge of offender on submission of apology
• 388. Imprisonment or committal of person refusing to answer or produce document
• 389. Summary procedure for punishment for nonattendance by a witness in obedience to summons
• 390. Appeals from convictions under sections 383, 384, 388 and 389
• 391. Certain Judges and Magistrates not to try certain offences when committed before themselves
• 392. Judgment
• 393. Language and contents of judgment
• 394. Order for notifying address of previously convicted offender
• 395. Order to pay compensation
• 396. Victim compensation scheme
• 397. Treatment of victims
• 398. Witness protection scheme
• 399. Compensation to persons groundlessly arrested
• 400. Order to pay costs in noncognizable cases
• 401. Order to release on probation of good conduct or after admonition
• 402. Special reasons to be recorded in certain cases
• 403. Court not to alter judgment
• 404. Copy of judgment to be given to accused and other persons
• 405. Judgment when to be translated
• 406. Court of Session to send copy of finding and sentence to District Magistrate
• 407. Sentence of death to be submitted by Court of Session for confirmation
• 408. Power to direct further inquiry to be made or additional evidence to be taken
• 409. Power of High Court to confirm sentence or annul conviction
• 410. Confirmation or new sentence to be signed by two Judges
• 411. Procedure in case of difference of opinion
• 412. Procedure in cases submitted to High Court for confirmation
• 413. No appeal to lie unless otherwise provided
• 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
• 415. Appeals from convictions
• 416. No appeal in certain cases when accused pleads guilty
• 417. No appeal in petty cases
• 418. Appeal by State Government against sentence
• 419. Appeal in case of acquittal
• 420. Appeal against conviction by High Court in certain cases
• 421. Special right of appeal in certain cases
• 422. Appeal to Court of Session how heard
• 423. Petition of appeal
• 424. Procedure when appellant in jail
• 425. Summary dismissal of appeal
• 426. Procedure for hearing appeals not dismissed summarily
• 427. Powers of Appellate Court
• 428. Judgments of subordinate Appellate Court
• 429. Order of High Court on appeal to be certified to lower Court
• 430. Suspension of sentence pending appeal; release of appellant on bail
• 431. Arrest of accused in appeal from acquittal
• 432. Appellate Court may take further evidence or direct it to be taken
• 433. Procedure where Judges of Court of appeal are equally divided
• 434. Finality of judgments and orders on appeal
• 435. Abatement of appeals
• 436. Reference to High Court
• 437. Disposal of case according to decision of High Court
• 438. Calling for records to exercise powers of revision
• 439. Power to order inquiry
• 440. Sessions Judge's powers of revision
• 441. Power of Additional Sessions Judge
• 442. High Court's powers of revision
• 443. Power of High Court to withdraw or transfer revision cases
• 444. Option of Court to hear parties
• 445. High Court's order to be certified to lower Court
• 446. Power of Supreme Court to transfer cases and appeals
• 447. Power of High Court to transfer cases and appeals
• 448. Power of Sessions Judge to transfer cases and appeals
• 449. Withdrawal of cases and appeals by Sessions Judges
• 450. Withdrawal of cases by Judicial Magistrates
• 451. Making over or withdrawal of cases by Executive Magistrates
• 452. Reasons to be recorded
• 453. Execution of order passed under section 409
• 454. Execution of sentence of death passed by High Court
• 455. Postponement of execution of sentence of death in case of appeal to Supreme Court
• 456. Commutation of sentence of death on pregnant woman
• 457. Power to appoint place of imprisonment
• 458. Execution of sentence of imprisonment
• 459. Direction of warrant for execution
• 460. Warrant with whom to be lodged
• 461. Warrant for levy of fine
• 462. Effect of such warrant
• 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
• 464. Suspension of execution of sentence of imprisonment
• 465. Who may issue warrant
• 466. Sentence on escaped convict when to take effect
• 467. Sentence on offender already sentenced for another offence
• 468. Period of detention undergone by accused to be set off against sentence of imprisonment
• 469. Return of warrant on execution of sentence
• 470. Money ordered to be paid recoverable as a fine
• 471. Mercy petition in death sentence cases
• 472. Saving
• 473. Power to suspend or remit sentences
• 474. Power to commute sentence
• 475. Restriction on powers of remission or commutation in certain cases
• 476. Concurrent power of Central Government in case of death sentences
• 477. State Government to act after concurrence with Central Government in certain cases
• 478. In what cases bail to be taken
• 479. Maximum period for which undertrial prisoner can be detained
• 480. When bail may be taken in case of non-bailable offence
• 481. Section 481 BNSS
• 482. Section 482 BNSS
• 483. Section 483 BNSS
• 484. Amount of bond and reduction thereof
• 485. Bond of accused and sureties
• 486. Declaration by sureties
• 487. Discharge from custody
• 488. Power to order sufficient bail when that first taken is insufficient
• 489. Discharge of sureties
• 490. Deposit instead of recognizance
• 491. Procedure when bond has been forfeited
• 492. Cancellation of bond and bail bond
• 493. Procedure in case of insolvency or death of surety or when a bond is forfeited
• 494. Bond required from child
• 495. Appeal from orders under section 491
• 496. Power to direct levy of amount due on certain recognizances
• 497. Order for custody and disposal of property pending trial in certain cases
• 498. Order for disposal of property at conclusion of trial
• 499. Payment to innocent purchaser of money found on accused
• 500. Appeal against orders under section 498 or section 499
• 501. Destruction of libellous and other matter
• 502. Power to restore possession of immovable property
• 503. Procedure by police upon seizure of property
• 504. Procedure where no claimant appears within six months
• 505. Power to sell perishable property
• 506. Irregularities which do not vitiate proceedings
• 507. Irregularities which vitiate proceedings
• 508. Proceedings in wrong place
• 509. Section 509 BNSS
• 510. Section 510 BNSS
• 511. Section 511 BNSS
• 512. Section 512 BNSS
• 513. Section 513 BNSS
• 514. Section 514 BNSS
• 515. Commencement of period of limitation
• 516. Exclusion of time in certain cases
• 517. Exclusion of date on which Court is closed
• 518. Continuing offence
• 519. Extension of period of limitation in certain cases
• 520. Trials before High Courts
• 521. Delivery to commanding officers of persons liable to be tried by Court-martial
• 522. Forms
• 523. Power of High Court to make rules
• 524. Power to alter functions allocated to Executive Magistrate in certain cases
• 525. Cases in which Judge or Magistrate is personally interested
• 526. Practising advocate not to sit as Magistrate in certain Courts
• 527. Public servant concerned in sale not to purchase or bid for property
• 528. Saving of inherent powers of High Court
• 529. Duty of High Court to exercise continuous superintendence over Courts
• 530. Trial and proceedings to be held in electronic mode
• 531. Repeal and savings

For research. Check the official gazette and later amendments before citing a section.