The BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

ARRANGEMENT OF SECTIONS

SECTIONS
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.
17. Subordination of Executive Magistrates.
18. Public Prosecutors.
19. Assistant Public Prosecutors.
20. Directorate of Prosecution.

21. Courts by which offences are triable.
CHAPTER III
POWER OF COURTS
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-in-office.

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CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
SECTIONS
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.

63. Form of summons.
64. Summons how served.
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A. —Summons
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.

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SECTIONS
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.

B.—Warrant of arrest

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.

C.—Proclamation and attachment

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.

D.—Other rules regarding processes

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
A. —Summons to produce
94. Summons to produce document or other thing.
95. Procedure as to letters.
B.—Search-warrants
96. When search-warrant 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 search-warrants 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.

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C.—General provisions relating to searches
SECTIONS
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.
D.—Miscellaneous
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 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.

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SECTIONS
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
A. —Unlawful assemblies

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.
B.—Public nuisances
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.
C.—Urgent cases of nuisance or apprehended danger
163. Power to issue order in urgent cases of nuisance or apprehended danger.
D.—Disputes as to immovable property
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.

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SECTIONS
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.

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SECTIONS
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.

234. Contents of charge.
CHAPTER XVIII
THE CHARGE
A. —Form of charges
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.

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SECTIONS
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
A. —Cases instituted on a police report
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.
B.—Cases instituted otherwise than on police report
267. Evidence for prosecution.
268. When accused shall be discharged.
269. Procedure where accused is not discharged.
270. Evidence for defence.
C.—Conclusion of trial
271. Acquittal or conviction.
272. Absence of complainant.
273. Compensation for accusation without reasonable cause.
CHAPTER XXI
TRIAL OF SUMMONS-CASES BY MAGISTRATES
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.

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SECTIONS
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 summons-cases 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
A. —Mode of taking and recording evidence
307. Language of Courts.
308. Evidence to be taken in presence of accused.
309. Record in summons-cases and inquiries.
310. Record in warrant-cases.

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SECTIONS
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.
B.—Commissions for the examination of witnesses
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.

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SECTIONS
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. 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 non-attendance by a witness in obedience to summons.
390. Appeals from convictions under sections 383, 384, 388 and 389.

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SECTIONS
CHAPTER XXIX
THE JUDGMENT
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 non-cognizable 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.
CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
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.
CHAPTER XXXI
APPEALS
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 behavior.
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.

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SECTIONS
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.
CHAPTER XXXII
REFERENCE AND REVISION
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.
CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES
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.
CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A. —Death sentences
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.
B.—Imprisonment
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.
C.—Levy of fine
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.

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D.—General provisions regarding execution
SECTIONS
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. Saving.
470. Return of warrant on execution of sentence.
471. Money ordered to be paid recoverable as a fine.
E.—Suspension, remission and commutation of sentences
472. Mercy petition in death sentence cases.
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.
CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS
478. In what cases bail to be taken.
479. Maximum period for which under-trial prisoner can be detained.
480. When bail may be taken in case of non-bailable offence.
481. Bail to require accused to appear before next Appellate Court
482. Direction for grant of bail to person apprehending arrest.
483. Special powers of High Court or Court of Session regarding bail.
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.
CHAPTER XXXVI
DISPOSAL OF PROPERTY
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.

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SECTIONS
504. Procedure where no claimant appears within six months.
505. Power to sell perishable property.
CHAPTER XXXVII
IRREGULAR PROCEEDINGS
506. Irregularities which do not vitiate proceedings.
507. Irregularities which vitiate proceedings.
508. Proceedings in wrong place.
509. Non-compliance with provisions of section 183 or section 316.
510. Effect of omission to frame, or absence of, or error in, charge.
511. Finding or sentence when reversible by reason of error, omission or irregularity.
512. Defect or error not to make attachment unlawful.
CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
513. Definitions.
514. Bar to taking cognizance after lapse of period of limitation.
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.
CHAPTER XXXIX
MISCELLANEOUS
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.
THE FIRST SCHEDULE

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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
ACT NO. 46 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall
not apply—
(a) to the State of Nagaland;
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any of them
to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such
supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation.—In this section, “tribal areas” means the territories which immediately before
the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of
the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of
Shillong.
(3) It shall come into force on such date* as the Central Government may, by notification in the Official
Gazette, appoint.
2. Definitions.—
(1) In this Sanhita, unless the context otherwise requires,—
(a) “audio-video electronic” means shall include use of any communication device for the purposes
of video conferencing, recording of processes of identification, search and seizure or evidence,
transmission of electronic communication and for such other purposes and by such other means as the
State Government may, by rules provide;
(b) “bail” means release of a person accused of or suspected of commission of an offence from the
custody of law upon certain conditions imposed by an officer or Court on execution by such person of
a bond or a bail bond;
(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which
is made bailable by any other law for the time being in force; and “non -bailable offence” means any
other offence;
(d) “bail bond” means an undertaking for release with surety;
(e) “bond” means a personal bond or an undertaking for release without surety;
(f) “charge” includes any head of charge when the charge contains more heads than one;
(g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which,
a police officer may, in accordance with the First Schedule or under any other law for the time being in
force, arrest without warrant;

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(h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his
taking action under this Sanhita, that some person, whether known or unknown, has committed an
offence, but does not include a police report.
Explanation.—A report made by a police officer in a case which discloses, after investigation, the
commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by
whom such report is made shall be deemed to be the complainant;
(i) “electronic communication” means the communication of any written, verbal, pictorial
information or video content transmitted or transferred (whether from one person to another or from
one device t o another or from a person to a device or from a device to a person) by means of an
electronic device including a telephone, mobile
phone, or other wireless telecommunication device, or a computer, or audio-video player or camera
or any other electronic de vice or electronic form as may be specified by notification, by the Central
Government;
(j) “High Court” means,—
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has
been extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for that
territory other than the Supreme Court of India;
(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate
or Court;
(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf.
Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of
this Sanhita, the provisions of the special Act shall prevail;
(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be
legally taken on oath;
(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the
Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area
may comprise the whole of the State , or any part of the State, as the State Government may, by
notification, specify;
(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case
in which, a police officer has no authority to arrest without warrant;
(p) “notification” means a notification published in the Official Gazette;
(q) “offence” means any act or omission made punishable by any law for the time being in force
and includes any act in respect of which a complaint may be made under section 20 of the Cattl e
Trespass Act, 1871 (1 of 1871);
(r) “officer in charge of a police station” includes, when the officer in charge of the police station
is absent from the station-house or unable from illness or other cause to perform his duties, the police
officer present at the station-house who is next in rank to such officer and is above the rank of constable

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or, when the State Government so directs, any other police officer so present;
(s) “place” includes a house, building, tent, vehicle and vessel;
(t) “police report” means a report forwarded by a police officer to a Magistrate under
sub-section (3) of section 193;
(u) “police station” means any post or place declared generally or specially by the State
Government, to be a police station, and includes any local area specified by th e State Government in
this behalf;
(v) “Public Prosecutor” means any person appointed under section 18, and includes any person
acting under the directions of a Public Prosecutor;
(w) “sub-division” means a sub-division of a district;
(x) “summons-case” means a case relating to an offence, and not being a warrant-case;
(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or
omission of the accused person and includes the guardian or legal heir of such victim;
(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.
(2) Words and expressions used herein and not defined but defined in the Information
Technology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings
respectively assigned to them in that Act and Sanhita.
3. Construction of references.—(1) Unless the context otherwise requires, any reference in any law,
to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second
class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or
Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.
(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to
matters,—
(a) which involve the appreciation or shifting of evidence or the formulation of any decision which
exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry
or trial or would have the effect of sending him for trial before any Court, they shall, subject to the
provisions of this Sanhita, be exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension
or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall,
subject to the provisions of clause (a) be exercisable by an Executive Magistrate.
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under
the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with
according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with
according to the same provisions, but subject to any enactment for the time being in force regulating the
manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
5. Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the
contrary, affect any special or local law for the time being in force, or any spec ial jurisdiction or power
conferred, or any special form of procedure prescribed, by any other law for the time being in force.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES

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6. Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law,
other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
(i) Courts of Session;
(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions
divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of
districts.
(2) The State Government may, after consultation with the High Court, alter the limits or the number
of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into
sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this
Sanhita, shall be deemed to have been formed under this section.
8. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of
Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an
Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such
place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the
disposal of any urgent application which is, or may be, made or pending before such Court of Session by
an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate,
in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such
application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may,
by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to
the general convenience of the parties and witnesses to hold
its sittings at any other place in the sessions division, it may, with the consent of the prosecution and
the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses
therein.
(7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the
distribution of business among such Additional Sessions Judges.
(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event
of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions
Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction
to deal with any such application.
Explanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment,
posting or promotion of a person by the Government to any Service, or post in connection with the affairs

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of the Union or of a State, where under any law, such appointment, posting or promotion is required to be
made by the Government.
9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of
Judicial Magistrates of the first class and of the second class, and at such places, as the State Government
may, after consultation with the High Court, by notification, specify:
Provided that the State Government may, after consultation with the High Court, establish, for any local
area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any
particular case or particular class of cases, and where any such Special Court is established, no other Court
of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which
such Special Court of Judicial Magistrate has been estab

Excerpt shown. Open the full act in Lexace.

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