BNSS · 2023
Bharatiya Nagarik Suraksha Sanhita
531 sections · Replaces the Code of Criminal Procedure 1973
Chapter I · PRELIMINARY
- 1Short title, extent and commencement.This section names the Act as the Bharatiya Nagarik Suraksha Sanhita, 2023, defines its territorial extent (excluding Nagaland and specified tribal areas from Chapters IX, XI and XII, subject to State Government notification), and provides that it shall come into force on a date notified by the Central Government in the Official Gazette.⇆ CrPC s.1
- 2Definitions.This section sets out definitions for key terms used throughout the Sanhita, including bail, bailable and non-bailable offences, cognizable and non-cognizable offences, complaint, investigation, inquiry, police report, Public Prosecutor, victim, summons-case, warrant-case, and others. It also introduces new definitions for audio-video electronic means and electronic communication reflecting technological developments. Words not defined here but defined in the Information Technology Act, 2000 or the Bharatiya Nyaya Sanhita, 2023 carry the meanings assigned in those enactments.⇆ CrPC s.2
- 3Construction of references.This section provides rules for construing references to 'Magistrate' in other laws, directing that such references be read as references to Judicial Magistrates of the appropriate class. It further distinguishes between functions that are judicial in nature (to be exercised by Judicial Magistrates) and those that are administrative or executive in nature (to be exercised by Executive Magistrates).⇆ CrPC s.3
- 4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.All offences under the Bharatiya Nyaya Sanhita, 2023 are to be investigated, inquired into, tried, and dealt with according to the provisions of this Sanhita. Offences under any other law are also to be dealt with under this Sanhita, subject to any special enactment regulating the manner or place of investigation, inquiry, or trial for such offences.⇆ CrPC s.4
- 5Saving.This is a savings clause providing that nothing in the Sanhita shall, absent a specific contrary provision, affect any special or local law in force, or any special jurisdiction, power, or form of procedure prescribed by any other law. It preserves the operation of special and local laws alongside the Sanhita.⇆ CrPC s.5
Chapter II · CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- 6Classes of Criminal Courts.This section establishes the hierarchy of criminal courts in every State, in addition to High Courts and courts constituted under other laws. The four classes of criminal courts are: Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates.⇆ CrPC s.6
- 7Territorial divisions.Every State is to be a sessions division or consist of sessions divisions, and every sessions division is to be a district or consist of districts for the purposes of the Sanhita. The State Government may, after consultation with the High Court, alter the limits or number of divisions, districts, and sub-divisions. Existing sessions divisions, districts, and sub-divisions at commencement are deemed formed under this section.⇆ CrPC s.7
- 8Court of Session.The State Government is required to establish a Court of Session for every sessions division, presided over by a Sessions Judge appointed by the High Court, with provision for Additional Sessions Judges. The section also provides for disposal of urgent applications during vacancies or absence of the Sessions Judge, and clarifies that 'appointment' for purposes of this Sanhita does not include first government appointments to service posts.⇆ CrPC s.9
- 9Courts of Judicial Magistrates.Courts of Judicial Magistrates of the first and second class are to be established in every district at places specified by the State Government after consultation with the High Court. The State Government may also establish Special Courts of Judicial Magistrates for particular cases or classes of cases, which then have exclusive jurisdiction over those matters in the local area. Presiding officers are appointed by the High Court.⇆ CrPC s.11
- 10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.The High Court appoints a Judicial Magistrate of the first class as Chief Judicial Magistrate in every district, and may appoint Additional Chief Judicial Magistrates with all or any powers of the Chief Judicial Magistrate. The High Court may also designate a Sub-divisional Judicial Magistrate, who exercises supervisory and control powers over other Judicial Magistrates in the sub-division subject to the general control of the Chief Judicial Magistrate.⇆ CrPC s.12
- 11Special Judicial Magistrates.The High Court may, on request from the Central or State Government, confer powers of a Judicial Magistrate (first or second class) on any person who holds or has held a government post, for particular cases or classes of cases in a local area. Such persons are designated Special Judicial Magistrates and must possess legal qualifications prescribed by the High Court. They are appointed for a term not exceeding one year at a time.⇆ CrPC s.13
- 12Local Jurisdiction of Judicial Magistrates.The Chief Judicial Magistrate, subject to High Court control, defines the local territorial limits within which Magistrates appointed under sections 9 and 11 may exercise their powers. Absent such definition, jurisdiction extends throughout the district. Where a Magistrate's jurisdiction extends beyond his district, references to the Court of Session or Chief Judicial Magistrate are construed with reference to the district where he ordinarily holds court.⇆ CrPC s.14
- 13Subordination of Judicial Magistrates.Every Chief Judicial Magistrate is subordinate to the Sessions Judge, and all other Judicial Magistrates are subordinate to the Chief Judicial Magistrate subject to the Sessions Judge's general control. The Chief Judicial Magistrate may make rules or give special orders for distribution of business among subordinate Judicial Magistrates.⇆ CrPC s.15
- 14Executive Magistrates.The State Government appoints Executive Magistrates in every district, designating one as District Magistrate and optionally one or more as Additional District Magistrates with specified powers. The section also provides for Sub-divisional Magistrates, temporary succession to District Magistrate powers during vacancies, and the possibility of conferring Executive Magistrate powers on a Commissioner of Police.⇆ CrPC s.20
- 15Special Executive Magistrates.The State Government may appoint Special Executive Magistrates for particular areas or functions, for such term as it thinks fit. Such appointments may be made from Executive Magistrates or from police officers not below the rank of Superintendent of Police or equivalent, and they may be conferred such powers as are conferrable on Executive Magistrates under the Sanhita.⇆ CrPC s.21
- 16Local Jurisdiction of Executive.Subject to State Government control, the District Magistrate may define the local territorial limits within which Executive Magistrates exercise their powers under the Sanhita. In the absence of such definition, the jurisdiction of every Executive Magistrate extends throughout the district.⇆ CrPC s.22
- 17Subordination of Executive Magistrates.All Executive Magistrates are subordinate to the District Magistrate; those exercising powers in a sub-division are additionally subordinate to the Sub-divisional Magistrate, subject to the District Magistrate's general control. The District Magistrate may make rules or give special orders for distribution of business among subordinate Executive Magistrates.⇆ CrPC s.23
- 18Public Prosecutors.The section establishes the framework for appointment of Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors at the High Court and district levels by the Central and State Governments. Eligibility requires at least seven years' practice as an advocate for Public Prosecutors and ten years for Special Public Prosecutors. District-level appointments must be drawn from a panel prepared by the District Magistrate in consultation with the Sessions Judge, or from a regular Cadre of Prosecuting Officers where one exists.⇆ CrPC s.24
- 19Assistant Public Prosecutors.The State Government must appoint one or more Assistant Public Prosecutors in every district for conducting prosecutions before Magistrates' Courts; the Central Government may also appoint them for specific cases. Where no Assistant Public Prosecutor is available, the District Magistrate may appoint any other person after giving fourteen days' notice to the State Government, but no police officer who investigated the offence or is below the rank of Inspector is eligible.⇆ CrPC s.25
- 20Directorate of Prosecution.The State Government may establish a Directorate of Prosecution at the state level and a District Directorate of Prosecution in every district, with prescribed eligibility criteria for Director, Deputy Director, and Assistant Director of Prosecution. The Directorate functions under the Home Department; the Director monitors cases punishable with ten or more years, life imprisonment, or death, while Deputy and Assistant Directors handle cases of lesser severity. All Public Prosecutors appointed by the State Government are subordinate to the appropriate level of the Directorate.⇆ CrPC s.25A
Chapter III · POWER OF COURTS
- 21Courts by which offences are triable.Prescribes the courts competent to try offences under the Bharatiya Nyaya Sanhita, 2023 and other laws, by reference to the First Schedule. Offences under BNS sections 64–71 (sexual offences) shall, as far as practicable, be tried by a court presided over by a woman. For offences under other laws, the court specified in that law governs; where none is specified, the High Court or the court shown in the First Schedule is competent.⇆ CrPC s.26
- 22Sentences which High Courts and Sessions Judges may pass.Defines the sentencing powers of the High Court and Sessions Courts. The High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may also pass any sentence authorised by law, but a death sentence passed by them requires confirmation by the High Court.⇆ CrPC s.28
- 23Sentences which Magistrates may pass.Sets out the maximum sentences that Magistrates of different classes may impose. A Chief Judicial Magistrate may pass any sentence except death, life imprisonment, or imprisonment exceeding seven years. A First Class Magistrate is limited to three years' imprisonment or a fine of fifty thousand rupees or both or community service; a Second Class Magistrate to one year's imprisonment or a fine of ten thousand rupees or both or community service. Community service is defined as unpaid work benefiting the community ordered as punishment.⇆ CrPC s.29
- 24Sentence of imprisonment in default of fine.Empowers a Magistrate to award imprisonment in default of payment of fine, subject to the sentencing limits in section 23. Where substantive imprisonment has also been awarded, the default imprisonment must not exceed one-fourth of the maximum term the Magistrate is competent to impose for the offence. Such default imprisonment may be in addition to the maximum substantive sentence the Magistrate can award.⇆ CrPC s.30
- 25Sentence in cases of conviction of several offences at one trial.Governs sentencing when a person is convicted of two or more offences at a single trial. The court must consider the gravity of offences and order punishments to run concurrently or consecutively, subject to BNS section 9. For consecutive sentences, the aggregate must not exceed twenty years or twice the maximum the court can impose for a single offence, and the convicted person need not be sent to a higher court solely because the aggregate exceeds the court's single-offence limit. For appeal purposes, the aggregate of consecutive sentences is treated as a single sentence.⇆ CrPC s.31
- 26Mode of conferring powers.Prescribes the mode by which the High Court or State Government may confer powers under the Sanhita, either by naming specific persons or by reference to their office or class of officials. Every such order takes effect from the date it is communicated to the person empowered.⇆ CrPC s.32
- 27Powers of officers appointed.Provides that a government officer who has been invested with powers under the Sanhita for a local area and is subsequently appointed to an equal or higher office of the same nature within a similar local area under the same State Government shall continue to exercise those powers in the new area, unless the High Court or State Government directs otherwise.⇆ CrPC s.33
- 28Withdrawal of powers.Empowers the High Court or State Government to withdraw any or all powers it has conferred under the Sanhita on any person or subordinate officer. Powers conferred by the Chief Judicial Magistrate or District Magistrate may similarly be withdrawn by the respective Magistrate who conferred them.⇆ CrPC s.34
- 29Powers of Judges and Magistrates exercisable by their successors-in-office.Provides continuity of judicial functions by allowing a successor-in-office to exercise the powers and duties of a Judge or Magistrate. Where doubt exists as to who is the successor of a Judge, the Sessions Judge resolves it by written order; where doubt exists as to a Magistrate's successor, the Chief Judicial Magistrate or District Magistrate resolves it by written order.⇆ CrPC s.35
Chapter IV · POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- 30Powers of superior officers of police.Confers on police officers superior in rank to an officer-in-charge of a police station the same powers that such station officer may exercise, exercisable throughout the local area to which the superior officer is appointed.⇆ CrPC s.36
- 31Public when to assist Magistrates and police.Every person is legally bound to assist a Magistrate or police officer who reasonably demands their aid in arresting or preventing the escape of a person the officer is authorised to arrest, in preventing or suppressing a breach of the peace, or in preventing injury to public property.⇆ CrPC s.37
- 32Aid to person, other than police officer, executing warrant.When a warrant is directed to a person other than a police officer, any other person may assist in executing that warrant, provided the warrant-holder is nearby and actively executing the warrant.⇆ CrPC s.38
- 33Public to give information of certain offences.Every person aware of the commission of, or intention to commit, any of the specified serious offences under the Bharatiya Nyaya Sanhita 2023 is obligated to forthwith inform the nearest Magistrate or police officer. The duty extends to acts committed outside India that would constitute such offences if committed in India.⇆ CrPC s.39
- 34Duty of officers employed in connection with affairs of a village to make certain report.Every village officer and every person residing in a village must forthwith communicate to the nearest Magistrate or officer-in-charge of the nearest police station information regarding notorious receivers of stolen property, suspected robbers or proclaimed offenders passing through the village, commission or intention to commit non-bailable offences, sudden or suspicious deaths, disappearances, and certain acts committed outside India near the village. Village officers include panchayat members, headmen, and persons appointed for village administration.⇆ CrPC s.40
Chapter V · ARREST OF PERSONS
- 35When police may arrest without warrant.A police officer may arrest without a warrant or Magistrate's order in specified circumstances including commission of a cognizable offence in the officer's presence, credible information or reasonable suspicion of a cognizable offence, possession of suspected stolen property, obstruction of police, and other enumerated grounds. For offences punishable with less than seven years' imprisonment, the officer must record reasons for arrest or for not arresting; for persons above sixty years of age or infirm persons accused of offences punishable with less than three years' imprisonment, prior permission of an officer not below the rank of Deputy Superintendent of Police is required. Where arrest is not required, the officer must issue a notice to appear.⇆ CrPC s.41
- 36Procedure of arrest and duties of officer making arrest.Every police officer making an arrest must bear a clear and visible name identification, prepare a memorandum of arrest attested by at least one witness (a family member or a respectable local person) and countersigned by the arrested person, and inform the arrested person of their right to have a relative, friend, or named person informed of the arrest (unless the memorandum is attested by a family member).⇆ CrPC s.41B
- 37Designated police officer.The State Government is required to establish police control rooms at the district and State level, and to designate a police officer (not below the rank of Assistant Sub-Inspector) in every district and police station to maintain and prominently display—including in digital mode—information about arrested persons, their addresses, and the offences with which they are charged.⇆ CrPC s.41C
- 38Right of arrested person to meet an advocate of his choice during interrogation.Any person arrested and interrogated by the police has the right to meet an advocate of their choice during interrogation, though this right does not extend to having the advocate present throughout the entire interrogation.⇆ CrPC s.41D
- 39Arrest on refusal to give name and residence.A police officer may arrest a person who, in the officer's presence, commits or is accused of a non-cognizable offence and refuses to give their name and residence or gives details believed to be false, in order to ascertain their true identity. Once the true name and residence are ascertained, the person must be released on a bond or bail bond to appear before a Magistrate if required. If the true identity is not ascertained within twenty-four hours, or the person fails to execute the bond or furnish sureties, they must be forwarded to the nearest Magistrate.⇆ CrPC s.42
- 40Arrest by private person and procedure on such arrest.A private person may arrest anyone who commits a non-bailable and cognizable offence in their presence, or any proclaimed offender, and must hand over the arrested person to a police officer or take them to the nearest police station within six hours of the arrest. The police officer must then take the person into custody if there is reason to believe the person falls under the warrantless arrest provisions; if the person is suspected only of a non-cognizable offence and refuses to give their name and residence, the procedure under section 39 applies; if there is no sufficient reason to believe any offence was committed, the person must be released immediately.⇆ CrPC s.43
- 41Arrest by Magistrate.A Magistrate (Executive or Judicial) may personally arrest or order the arrest of an offender who commits an offence in his presence within his local jurisdiction, and may commit the offender to custody subject to bail provisions. Additionally, any Magistrate may at any time arrest or direct the arrest of any person for whose arrest he is competent to issue a warrant, provided the person is within his local jurisdiction and in his presence.⇆ CrPC s.44
- 42Protection of members of Armed Forces from arrest.No member of the Armed Forces of the Union can be arrested for acts done or purported to be done in discharge of official duties without prior consent of the Central Government. The State Government may extend similar protection to members of forces charged with maintenance of public order, substituting 'State Government' for 'Central Government' in such cases.⇆ CrPC s.45
- 43Arrest how made.An arrest is effected by physically touching or confining the body of the person to be arrested, unless there is submission to custody by word or action; for women, submission on oral intimation is presumed and physical touch is generally avoided unless the officer is female. Force sufficient to effect the arrest may be used if the person resists or attempts to evade, and handcuffs may be used for habitual offenders or those accused of specified serious offences. Women generally cannot be arrested after sunset and before sunrise except with prior written permission of a first-class Magistrate obtained by a woman police officer.⇆ CrPC s.46
- 44Search of place entered by person sought to be arrested.A person executing an arrest warrant or a police officer with authority to arrest may demand free entry into any place where the person to be arrested is believed to be, and the occupant must comply. If entry is refused, the officer may break open doors or windows after notifying authority and purpose; special notice must be given to a female occupant in purdah before entering her apartment. An officer who has lawfully entered a place for arrest and is detained therein may also break open doors or windows to liberate himself or others.⇆ CrPC s.47
- 45Pursuit of offenders into other jurisdictions.A police officer authorised to arrest a person without warrant may pursue that person across any place within India, regardless of jurisdictional boundaries.⇆ CrPC s.48
- 46No unnecessary restraint.An arrested person shall not be subjected to any restraint beyond what is necessary to prevent escape, ensuring that the degree of restraint is proportionate to the circumstances.⇆ CrPC s.49
- 47Person arrested to be informed of grounds of arrest and of right to bail.Every person arrested without warrant must be immediately informed of the full particulars of the offence or grounds for arrest. Where the arrest is for a bailable offence, the arresting officer must also inform the arrested person of their right to bail and the facility to arrange sureties.⇆ CrPC s.50
- 48Obligation of person making arrest to inform about arrest, etc., to relative or friend.Every person making an arrest must forthwith inform a relative, friend, or nominated person of the arrested person about the arrest and the place of detention, and also notify the designated police officer in the district. The arrested person must be told of this right upon being brought to the police station, and an entry of who was informed must be recorded in the station register. The Magistrate before whom the arrested person is produced must verify compliance with these requirements.⇆ CrPC s.50A
- 49Search of arrested person.A police officer may search an arrested person who cannot furnish bail (whether arrested under warrant or without warrant) and place all articles found, other than necessary wearing apparel, in safe custody, issuing a receipt for seized articles. Searches of female arrested persons must be conducted by another female with strict regard to decency.⇆ CrPC s.51
- 50Power to seize offensive weapons.Immediately after making an arrest, the arresting police officer or other person may seize any offensive weapons found on the arrested person. All such weapons must be delivered to the court or officer before whom the arrested person is required to be produced.⇆ CrPC s.52
- 51Examination of accused by medical practitioner at request of police officer.When a person is arrested on a charge where examination of their person may yield evidence, a registered medical practitioner may, at the request of a police officer, conduct such examination using reasonably necessary force. Female accused must be examined only by or under the supervision of a female registered medical practitioner. The practitioner must forward the examination report to the investigating officer without delay.⇆ CrPC s.53
- 52Examination of person accused of rape by medical practitioner.When a person is arrested on a charge of rape or attempt to commit rape, a registered medical practitioner (preferably from a government or local authority hospital, or any registered practitioner if none is available within 16 km) may examine the accused at a police officer's request. The practitioner must prepare a detailed report covering identity, age, injuries, DNA profiling material, and other particulars, noting exact start and end times. The report is forwarded to the investigating officer, who transmits it to the Magistrate under section 193.⇆ CrPC s.53A
- 53Examination of arrested person by medical officer.Every arrested person must be examined by a medical officer in government service, or if unavailable, by a registered medical practitioner, soon after arrest. The examiner must record injuries or marks of violence and the approximate time they were inflicted. A copy of the examination report must be furnished to the arrested person or their nominee.⇆ CrPC s.54
- 54Identification of person arrested.Where identification of an arrested person is necessary for investigation, the court having jurisdiction may, on the request of the officer in charge of a police station, direct the arrested person to submit to identification in such manner as the court deems fit. If the identifying person is mentally or physically disabled, the identification must be conducted under a Magistrate's supervision using methods comfortable to that person, and must be recorded by audio-video electronic means.⇆ CrPC s.54A
- 55Procedure when police officer deputes subordinate to arrest without warrant.When a police officer requires a subordinate to arrest a person without a warrant outside the officer's presence, the officer must issue a written order specifying the person to be arrested and the offence or cause. The subordinate must notify the person to be arrested of the substance of the order before making the arrest, and show the order if requested. This provision does not affect the general power of arrest under section 35.⇆ CrPC s.55
- 56Health and safety of arrested person.The person having custody of an accused is under a statutory duty to take reasonable care of the health and safety of the accused.⇆ CrPC s.55A
- 57Person arrested to be taken before Magistrate or officer in charge of police station.A police officer who arrests a person without a warrant must, without unnecessary delay and subject to bail provisions, take or send the arrested person before a Magistrate having jurisdiction or before the officer in charge of a police station.⇆ CrPC s.56
- 58Person arrested not to be detained more than twenty-four hours.Officers in charge of police stations must report to the District Magistrate (or Sub-divisional Magistrate if so directed) all cases of persons arrested without warrant within their station limits, whether or not such persons have been admitted to bail.⇆ CrPC s.58
- 59Police to report apprehensions.Officers in charge of police stations are required to report to the District Magistrate, or if directed, to the Sub-divisional Magistrate, all cases of persons arrested without warrant within their station limits, regardless of whether such persons have been bailed or not.⇆ CrPC s.58
- 60Discharge of person apprehended.No person arrested by a police officer may be discharged except on their own bond, a bail bond, or under a special order of a Magistrate. This ensures that release from custody follows a defined legal process.⇆ CrPC s.59
- 61Power, on escape, to pursue and retake.Where a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and re-arrest him anywhere in India. The provisions governing arrest by private persons (section 44) apply to such re-arrests even if the pursuer is not a police officer and is not acting under a warrant.⇆ CrPC s.60
- 62Arrest to be made strictly according to Sanhita.No arrest may be made except in strict conformity with the provisions of the BNSS or any other law in force that authorises arrest. This section operates as a general restraint on arbitrary or extra-legal arrests.⇆ CrPC s.60A
Chapter VI · PROCESSES TO COMPEL APPEARANCE
- 63Form of summons.Every court summons under the BNSS must be in writing, in duplicate, signed by the presiding officer or an officer directed by the High Court, and bear the court's seal; alternatively, it may be issued in encrypted or other electronic form bearing the court's digital seal or digital signature. The section thus recognises both physical and electronic modes of issuing summons.⇆ CrPC s.61
- 64Summons how served.Summons must be served by a police officer or a court/public officer under State Government rules, and personal service is preferred by delivering one duplicate to the person summoned. Electronic service of summons bearing the court's seal image is also permitted in the form and manner prescribed by the State Government, and the police station or court registrar must maintain a register of addresses and contact details of persons summoned.⇆ CrPC s.62
- 65Service of summons on corporate bodies, firms, and societies.Summons on a company or corporation may be served on its Director, Manager, Secretary or other officer, or by registered post to such officer, with service deemed effected on ordinary postal delivery. Service on a firm or association of individuals may be effected on any partner personally or by registered post to any partner, again deemed effected on ordinary postal delivery.⇆ CrPC s.63
- 66Service when persons summoned cannot be found.Where the person summoned cannot be found despite due diligence, the summons may be served by leaving one duplicate with an adult family member residing with him, who may be required to sign a receipt on the back of the other duplicate. A servant is expressly excluded from the definition of 'family member' for this purpose.⇆ CrPC s.64
- 67Procedure when service cannot be effected as before provided.If service cannot be effected by any of the methods in sections 64, 65, or 66 despite due diligence, the serving officer shall affix one duplicate of the summons to a conspicuous part of the house or homestead where the person ordinarily resides. The court may then, after such inquiry as it thinks fit, either declare the summons duly served or order fresh service in a manner it considers proper.⇆ CrPC s.65
- 68Service on Government servant.When the person summoned is in active government service, the court shall ordinarily send the summons in duplicate to the head of the office where that person is employed, who shall cause it to be served per section 64 and return it with the required endorsement. The head of office's signature on the returned summons constitutes evidence of due service.⇆ CrPC s.66
- 69Service of summons outside local limits.When a court wishes to serve a summons at a place outside its local jurisdiction, it shall ordinarily send the summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides or is present, for service there.⇆ CrPC s.67
- 70Proof of service in such cases and when serving officer not present.Where a summons is served outside the issuing court's local jurisdiction, or where the serving officer is not present at the hearing, an affidavit made before a Magistrate attesting service, together with the endorsed duplicate, is admissible as evidence and the statements therein are presumed correct unless disproved. Additionally, all summons served through electronic communication under sections 64 to 71 are deemed duly served, and an attested copy must be kept as proof of such service.⇆ CrPC s.68
- 71Service of summons on witness.A Court issuing a summons to a witness may simultaneously direct service by electronic communication or registered post to the witness's ordinary place of residence, business, or work. The Court may deem the summons duly served upon receiving a signed acknowledgement from the witness, a postal endorsement of refusal, or proof of electronic delivery under section 70(3).⇆ CrPC s.69
- 72Form of warrant of arrest and duration.Every warrant of arrest issued by a Court must be in writing, signed by the presiding officer, and bear the Court's seal. The warrant remains in force until it is either cancelled by the issuing Court or executed.⇆ CrPC s.70
- 73Power to direct security to be taken.A Court issuing an arrest warrant may endorse it to allow the executing officer to accept a bail bond with sufficient sureties and release the arrested person instead of producing them in custody. The endorsement must specify the number of sureties, the amounts in which they and the accused are bound, and the time of appearance before the Court. The executing officer must forward the bond to the Court once security is taken.⇆ CrPC s.71
- 74Warrants to whom directed.A warrant of arrest is ordinarily directed to one or more police officers; however, if immediate execution is necessary and no police officer is available, the Court may direct it to any other person. Where a warrant is directed to multiple officers or persons, it may be executed by all or any one or more of them.⇆ CrPC s.72
- 75Warrant may be directed to any person.A Chief Judicial Magistrate or first-class Magistrate may direct a warrant to any person within their local jurisdiction for the arrest of an escaped convict, proclaimed offender, or an accused of a non-bailable offence who is evading arrest. The person receiving the warrant must acknowledge it in writing and execute it if the wanted person is on or enters land under their charge. Upon arrest, the person must be handed over with the warrant to the nearest police officer for production before a competent Magistrate, unless bail is taken under section 73.⇆ CrPC s.73
- 76Warrant directed to police officer.A warrant directed to a police officer may also be executed by any other police officer whose name has been endorsed on the warrant by the officer to whom it was originally directed or endorsed.⇆ CrPC s.74
- 77Notification of substance of warrant.The police officer or other person executing a warrant of arrest must notify the person to be arrested of the substance of the warrant. If the person so requires, the executing officer must also show them the warrant.⇆ CrPC s.75
- 78Person arrested to be brought before Court without delay.The police officer or other person executing a warrant of arrest must, subject to the bail provisions of section 73, bring the arrested person before the Court without unnecessary delay. This delay must not in any case exceed twenty-four hours, exclusive of the time required for the journey from the place of arrest to the Magistrate's Court.⇆ CrPC s.76
- 79Where warrant may be executed.A warrant of arrest may be executed at any place in India.⇆ CrPC s.77
- 80Warrant forwarded for execution outside jurisdiction.When a warrant is to be executed outside the issuing Court's local jurisdiction, the Court may forward it by post or otherwise to the Executive Magistrate, District Superintendent of Police, or Commissioner of Police of the area where it is to be executed, who shall endorse their name and cause it to be executed. The issuing Court must also forward the substance of the information against the person to be arrested along with documents sufficient to enable the Court acting under section 83 to decide on bail.⇆ CrPC s.78
- 81Warrant directed to police officer for execution outside jurisdiction.When a warrant directed to a police officer is to be executed outside the issuing Court's local jurisdiction, the officer must ordinarily obtain endorsement from an Executive Magistrate or a police station in-charge within the area of execution. Such endorsement is sufficient authority to execute the warrant, and local police must assist if required. In urgent cases where delay in obtaining endorsement would prevent execution, the officer may execute the warrant without endorsement.⇆ CrPC s.79
- 82Procedure on arrest of person against whom warrant issued.When a warrant is executed outside the district of issue, the arrested person must ordinarily be brought before the Executive Magistrate, District Superintendent of Police, or Commissioner of Police of the area of arrest, unless the issuing Court is within 30 km or is nearer, or bail has been taken under section 73. The arresting police officer must also immediately inform the designated police officer in the district of arrest and in the district where the arrested person normally resides.⇆ CrPC s.80
- 83Procedure by Magistrate before whom such person arrested is brought.The Executive Magistrate, District Superintendent of Police, or Commissioner of Police before whom the arrested person is brought must direct removal in custody to the issuing Court if the person appears to be the intended accused. If the offence is bailable and the person is ready to furnish bail, the Magistrate or officer may take bail and forward the bond to the issuing Court. For non-bailable offences, the Chief Judicial Magistrate or Sessions Judge of the district of arrest may release the person on bail subject to section 480.⇆ CrPC s.81
- 84Proclamation for person absconding.Where a Court believes that a person against whom a warrant has been issued has absconded or is concealing himself, it may publish a proclamation requiring him to appear at a specified place and time not less than 30 days from publication. The proclamation must be publicly read and affixed at conspicuous places in the person's locality and at the Court-house, and may also be published in a newspaper. Where the offence is punishable with imprisonment of 10 years or more, life imprisonment, or death, and the person fails to appear, the Court may declare him a proclaimed offender.⇆ CrPC s.82
- 85Attachment of property of person absconding.A Court issuing a proclamation under section 84 may order attachment of any movable or immovable property belonging to the proclaimed person, with reasons recorded in writing; attachment may be simultaneous with proclamation if the person is about to dispose of or remove property. Attachment of movable property may be by seizure, receiver, prohibitory order, or a combination; immovable property may be attached through the Collector (for revenue land) or by possession, receiver, or prohibitory order. Perishable or live-stock property may be sold immediately, and a receiver appointed under this section has the same powers as under the Code of Civil Procedure, 1908.⇆ CrPC s.83
- 86Identification and attachment of property of proclaimed person.On a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police, the Court may initiate the process of seeking assistance from a Court or authority in a contracting State for identification, attachment, and forfeiture of property belonging to a proclaimed person. The procedure to be followed is that provided in Chapter VIII of the BNSS.
- 87Claims and objections to attachment.Any person other than the proclaimed person may prefer a claim or objection to the attachment of property under section 85 within six months of attachment, on the ground that they have an interest in the property not liable to attachment. Such claims are inquired into by the Court that issued the attachment order, or by the Chief Judicial Magistrate if the attachment was endorsed under section 85(2). A person whose claim is disallowed may institute a civil suit within one year of the order to establish their right.⇆ CrPC s.84
- 88Release, sale and restoration of attached property.If the proclaimed person appears within the time specified in the proclamation, the Court shall release the attached property. If the person does not appear, the property comes under the disposal of the State Government but cannot be sold for six months from attachment or until claims under section 87 are disposed of, unless perishable. If within two years of attachment the person appears or is brought before the Court and proves he did not abscond to avoid the warrant and had no notice of the proclamation, the property or its net sale proceeds (after deducting attachment costs) shall be returned to him.⇆ CrPC s.85
- 89Appeal from order rejecting application for restoration of attached property.Any person referred to in section 88(3) who is aggrieved by a refusal to deliver attached property or its sale proceeds may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.⇆ CrPC s.86
- 90Issue of warrant in lieu of, or in addition to, summons.A Court empowered to issue a summons may instead issue a warrant for arrest, after recording reasons in writing, if it believes the person has absconded or will not obey the summons before or after its issue, or if the person fails to appear despite duly served summons and offers no reasonable excuse. This provision allows a warrant to be issued either in lieu of or in addition to a summons.⇆ CrPC s.87
- 91Power to take bond or bail bond for appearance.When a person whose appearance or arrest a court is empowered to compel is already present in court, the presiding officer may require that person to execute a bond or bail bond for future appearance before the same court or any court to which the case may be transferred for trial.⇆ CrPC s.88
- 92Arrest on breach of bond or bail bond for appearance.If a person bound by a bond or bail bond taken under the Sanhita to appear before a court fails to do so, the presiding officer of that court may issue a warrant for the arrest and production of such person before him.⇆ CrPC s.89
- 93Provisions of this Chapter generally applicable to summons and warrants of arrest.The provisions of this Chapter relating to summons and warrants of arrest — including their issue, service, and execution — apply generally to every summons and warrant of arrest issued under the Sanhita, so far as may be applicable.⇆ CrPC s.90
Chapter VII · PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- 94Summons to produce document or other thing.A court or officer in charge of a police station may issue a summons or written order (in physical or electronic form) requiring a person believed to be in possession of any document, electronic communication, communication device, or other thing to produce it for purposes of investigation, inquiry, trial, or other proceeding. A person required merely to produce a document or thing need not attend personally but may cause it to be produced. The section does not affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam 2023, the Bankers' Books Evidence Act 1891, or apply to postal items in the custody of the postal authority.⇆ CrPC s.91
- 95Procedure as to letters.A District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court may direct the postal authority to deliver any document, parcel, or thing in its custody that is needed for investigation, inquiry, trial, or other proceeding under the Sanhita. Other Magistrates, Commissioners of Police, or District Superintendents of Police may require the postal authority to search for and detain such items pending an order from the competent authority under sub-section (1).⇆ CrPC s.92
- 96When search-warrant may be issued.A court may issue a search warrant where it has reason to believe that a person will not produce a required document or thing, or where the document or thing is not known to be in any person's possession, or where a general search or inspection would serve the purposes of inquiry, trial, or other proceeding. The court may limit the warrant to a specific place or part thereof. No Magistrate other than a District Magistrate or Chief Judicial Magistrate may grant a warrant to search for items in the custody of the postal authority.⇆ CrPC s.93
- 97Search of place suspected to contain stolen property, forged documents, etc.A District Magistrate, Sub-divisional Magistrate, or first-class Magistrate who has reason to believe that a place is used for deposit or sale of stolen property or specified objectionable articles may issue a warrant authorising a police officer above the rank of constable to enter, search, seize property or articles, convey them before a Magistrate, and arrest persons found there who appear to have been privy to such activities. Objectionable articles include counterfeit coin, counterfeit currency notes, counterfeit stamps, forged documents, false seals, obscene objects under BNS s.294, and instruments or materials used to produce any of these.⇆ CrPC s.94
- 98Power to declare certain publications forfeited and to issue search-warrants for same.Where any newspaper, book, or document appears to the State Government to contain matter punishable under specified sections of the Bharatiya Nyaya Sanhita 2023, the State Government may by notification declare every copy forfeited to Government, whereupon any police officer may seize such copies anywhere in India and any Magistrate may by warrant authorise a police officer not below sub-inspector rank to search premises for such copies. Orders under this section can only be challenged in accordance with section 99.⇆ CrPC s.95
- 99Application to High Court to set aside declaration of forfeiture.Any person having an interest in a newspaper, book, or document declared forfeited under section 98 may apply to the High Court within two months of the publication of the declaration in the Official Gazette to set it aside on the ground that the material did not contain the offending matter. Such applications are heard by a Special Bench of three Judges (or all Judges if the court has fewer than three), and the High Court shall set aside the declaration if not satisfied that the material contained the offending matter; decisions of the Special Bench are by majority.⇆ CrPC s.96
- 100Search for persons wrongfully confined.A District Magistrate, Sub-divisional Magistrate, or first-class Magistrate who has reason to believe that a person is confined in circumstances amounting to an offence may issue a search warrant. The person to whom the warrant is directed shall search for the confined person, and if found, shall immediately bring that person before a Magistrate who will make such order as the circumstances require.⇆ CrPC s.97
- 101Power to compel restoration of abducted females.On a sworn complaint of abduction or unlawful detention of a woman or female child for an unlawful purpose, a District Magistrate, Sub-divisional Magistrate or first-class Magistrate may order the immediate restoration of such woman to her liberty or such female child to her parent/guardian, and may use force to compel compliance.⇆ CrPC s.97
- 102Direction, etc., of search-warrants.The procedural provisions of sections 32, 72, 74, 76, 79, 80 and 81 of the BNSS apply, so far as may be, to all search-warrants issued under sections 96, 97, 98 or 100. This ensures uniform procedural safeguards across different categories of search-warrants.⇆ CrPC s.99
- 103Persons in charge of closed place to allow search.Any person in charge of a closed place liable to search must allow free ingress and reasonable facilities to the officer executing a search-warrant on production of the warrant. The search must be conducted in the presence of two or more independent and respectable witnesses, a list of seized items must be prepared and signed, and a copy must be given to the occupant. A woman suspected of concealing articles may only be searched by another woman with strict regard to decency. Refusal to attend as a witness without reasonable cause constitutes an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023.⇆ CrPC s.100
- 104Disposal of things found in search beyond jurisdiction.When a search-warrant is executed at a place beyond the issuing Court's local jurisdiction and the searched items are found, those items and the seizure list must be taken immediately before the issuing Court. However, if the place of search is nearer to a Magistrate having jurisdiction there, the items and list go to that Magistrate, who shall ordinarily authorise their transfer to the issuing Court.⇆ CrPC s.101
- 105Recording of search and seizure through audio video electronic meansEvery search of a place or seizure of property under this Chapter or under section 185, including preparation and signing of the seizure list, must be recorded through audio-video electronic means, preferably a mobile phone. The police officer must without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class. This is a new provision introduced by the BNSS with no direct CrPC equivalent.
- 106Power of police officer to seize certain property.Any police officer may seize property alleged or suspected to have been stolen or found in circumstances suggesting commission of an offence, and must forthwith report the seizure to the Magistrate having jurisdiction. Where the property cannot be conveniently transported, lacks proper custody accommodation, or continued police custody is unnecessary for investigation, the officer may release it to a person on a bond to produce it before the Court. Perishable property worth less than five hundred rupees with an unknown or absent owner may be sold by auction under orders of the Superintendent of Police.⇆ CrPC s.102
- 107Attachment, forfeiture or restoration of property.A police officer investigating a case may, with approval of the Superintendent or Commissioner of Police, apply to the competent Court or Magistrate for attachment of property believed to be proceeds of crime. The Court or Magistrate issues a show-cause notice giving the person fourteen days to respond, and may pass an attachment order or, where notice would defeat the purpose, an ex parte interim attachment order. If the property is confirmed as proceeds of crime, the Court directs the District Magistrate to distribute it rateably to affected persons within sixty days; any unclaimed surplus is forfeited to the Government.
- 108Magistrate may direct search in his presence.Any Magistrate who is competent to issue a search-warrant for a particular place may direct that the search of that place be conducted in his own presence.⇆ CrPC s.103
- 109Power to impound document, etc., produced.Any Court has the discretionary power to impound any document or thing that is produced before it under the BNSS.⇆ CrPC s.104
- 110Reciprocal arrangements regarding processes.A Court in the BNSS territories may send summonses, arrest warrants or search-warrants in duplicate to Courts in other Indian States or to Courts in contracting foreign States (with which the Central Government has made arrangements) for service or execution. Conversely, Courts in the BNSS territories must serve or execute such processes received from other Indian State Courts or contracting foreign State Courts as if they were local processes; arrested persons are dealt with under sections 82–83 and items found in searches are dealt with under section 104, with documents/things from contracting States forwarded through the Central Government-notified authority.⇆ CrPC s.105
Chapter VIII · RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
- 111Definitions.This section provides definitions for key terms used in Chapter XI of BNSS dealing with mutual legal assistance and proceeds of crime. It defines 'contracting State', 'identifying', 'proceeds of crime', 'property', and 'tracing' for the purposes of this Chapter.⇆ CrPC s.105A
- 112Letter of request to competent authority for investigation in a country or place outside India.A Criminal Court may, on application by an investigating officer or superior, issue a letter of request to a court or authority in a foreign contracting State to examine persons, record statements, and collect documents or things as evidence. The letter is transmitted as directed by the Central Government, and all evidence so received is deemed to be evidence collected during investigation under the BNSS.⇆ CrPC s.105B
- 113Letter of request from a country or place outside India to a Court or an authority for investigation in India.Upon receipt of a letter of request from a foreign court or authority, the Central Government may forward it to a Chief Judicial Magistrate or Judicial Magistrate to summon persons and record statements or produce documents, or send it to a police officer for investigation as if the offence occurred in India. All evidence collected is forwarded by the Magistrate or police officer to the Central Government for onward transmission to the requesting foreign authority.⇆ CrPC s.105C
- 114Assistance in securing transfer of persons.This section provides a framework for executing warrants and summons across borders with contracting States. An Indian court may send a warrant in duplicate to a foreign court for execution in a contracting State, and similarly, warrants received from a contracting State's court shall be executed by an Indian court as if received from another Indian court. Conditions may be imposed on the transfer of prisoners in either direction.⇆ CrPC s.105D
- 115Assistance in relation to orders of attachment or forfeiture of property.Where an Indian court believes property was derived from commission of an offence, it may order attachment or forfeiture under sections 116–122, and if such property is in a contracting State, may issue a letter of request to that State's court for execution. Conversely, when the Central Government receives a letter of request from a contracting State for attachment or forfeiture of property in India, it may forward it to an appropriate Indian court for execution under sections 116–122 or other applicable law.⇆ CrPC s.105E
- 116Identifying unlawfully acquired property.Upon a court order under section 115(1) or receipt of a letter of request under section 115(3), the court shall direct a police officer of at least Sub-Inspector rank to trace and identify unlawfully acquired property. Such steps may include inquiry, investigation, or survey of persons, places, property, assets, documents, and bank or financial institution accounts, all carried out under the court's directions.⇆ CrPC s.105F
- 117Seizure or attachment of property.During an inquiry or investigation under section 116, if the officer has reason to believe that property is likely to be concealed, transferred, or disposed of, he may seize it or, where seizure is impracticable, attach it by prohibiting transfer without prior permission. Any such order of seizure or attachment has no effect unless confirmed by the court within thirty days of being made.⇆ CrPC s.105G
- 118Management of properties seized or forfeited under this Chapter.The court may appoint the District Magistrate of the area where the property is situated, or a nominee of the District Magistrate, as Administrator to manage property seized under section 117 or forfeited under section 120. The Administrator manages the property subject to Central Government conditions and also takes steps directed by the Central Government to dispose of forfeited property.⇆ CrPC s.105H
- 119Notice of forfeiture of property.If the court, following inquiry or investigation under section 116, has reason to believe that property constitutes proceeds of crime, it shall serve a notice on the person affected requiring him within thirty days to explain the source of acquisition and show cause why the property should not be declared proceeds of crime and forfeited to the Central Government. Where the property is held through another person, a copy of the notice must also be served on that other person.⇆ CrPC s.105I
- 120Forfeiture of property in certain cases.After considering the response to the show-cause notice and giving the person affected a reasonable opportunity of hearing, the court records a finding on whether the properties are proceeds of crime; if the person does not appear within thirty days, the court may proceed ex parte. Where the court finds property to be proceeds of crime, it stands forfeited to the Central Government free from all encumbrances, and in the case of shares, the company must register the Central Government as transferee notwithstanding the Companies Act 2013 or its Articles of Association.⇆ CrPC s.105J
- 121Fine in lieu of forfeiture.Where a court declares property forfeited under section 120 but only part of the property's source is unproved, it must give the affected person the option to pay a fine equal to the market value of that unproved part in lieu of forfeiture. The affected person must be given a reasonable opportunity of being heard before the fine is imposed. If the fine is paid within the allowed time, the court may revoke the forfeiture declaration and release the property.⇆ CrPC s.105I
- 122Certain transfers to be null and void.Any transfer of property made after an order under section 117(1) or a notice under section 119 is issued shall be ignored for the purposes of proceedings under the Chapter. If such property is subsequently forfeited to the Central Government under section 120, the transfer is deemed null and void.⇆ CrPC s.105J
- 123Procedure in respect of letter of request.Letters of request, summons, or warrants received from or to be transmitted to a contracting State under this Chapter shall be transmitted or sent in such form and manner as the Central Government specifies by notification. This section governs the procedural mechanics of mutual legal assistance with contracting States.⇆ CrPC s.105L
- 124Application of this Chapter.The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter to a contracting State with which reciprocal arrangements exist shall be subject to such conditions, exceptions, or qualifications as are specified in the notification. This allows the government to tailor the Chapter's operation on a bilateral basis.⇆ CrPC s.105K
Chapter IX · SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- 125Security for keeping peace on conviction.A Court of Session or a first-class Magistrate's Court, upon convicting a person of specified offences (including offences under Chapter XI of BNS 2023, assault, criminal force, mischief, criminal intimidation, or breach-of-peace offences), may order the convicted person to execute a bond or bail bond for keeping the peace for up to three years. The order may also be made by an Appellate Court or a Court exercising revision powers. If the conviction is set aside on appeal or otherwise, the bond becomes void.⇆ CrPC s.106
- 126Security for keeping peace in other cases.An Executive Magistrate who receives information that a person is likely to commit a breach of the peace or disturb public tranquillity may require that person to show cause why they should not execute a bond or bail bond for keeping the peace. Proceedings may be initiated either where the apprehended breach is within the Magistrate's jurisdiction or where the person likely to cause it is found within that jurisdiction, even if the anticipated act is to occur outside it.⇆ CrPC s.107
- 127Security for good behaviour from persons disseminating certain matters.An Executive Magistrate who receives information that a person within local jurisdiction is intentionally disseminating matter punishable under specified sections of BNS 2023 (including sedition-related, communal, or obscene matter) or is circulating obscene material may require that person to show cause why they should not execute a bond or bail bond for good behaviour. Proceedings against editors, proprietors, printers, or publishers of publications registered and operating under the Press and Registration of Books Act, 1867 may only be taken by order or under authority of the State Government.⇆ CrPC s.108
- 128Security for good behaviour from suspected persons.When an Executive Magistrate receives information that a person within local jurisdiction is taking precautions to conceal their presence with a view to committing a cognizable offence, the Magistrate may require that person to show cause why they should not execute a bond or bail bond for good behaviour.⇆ CrPC s.109
- 129Security for good behaviour from habitual offenders.An Executive Magistrate who receives information that a person within local jurisdiction is a habitual offender (including habitual robbers, house-breakers, thieves, forgers, receivers of stolen property, those who habitually commit kidnapping, extortion, cheating, breach-of-peace offences, or offences under specified Acts) or is so desperate and dangerous as to be hazardous to the community may require that person to show cause why they should not execute a bail bond for good behaviour. The maximum bond period for habitual offenders under this section is three years.⇆ CrPC s.110
- 130Order to be made.When a Magistrate acting under sections 126, 127, 128, or 129 decides to require a person to show cause, the Magistrate must make a written order setting out the substance of the information received, the amount of the bond, the term for which it is to be in force, and the number of sureties, after considering their sufficiency and fitness.⇆ CrPC s.111
- 131Procedure in respect of person present in Court.When the person against whom an order under the preceding section has been made is present in Court, the order must be read over to him, or its substance explained if he so desires. This ensures the person is made aware of the order and its implications before any further proceedings.⇆ CrPC s.112
- 132Summons or warrant in case of person not so present.If the person against whom an order has been made is not present in Court, the Magistrate shall issue a summons for appearance or a warrant if the person is in custody. The proviso allows the Magistrate to issue an immediate arrest warrant at any time if there is reason to fear an imminent breach of the peace that cannot otherwise be prevented, based on a police report or other information duly recorded.⇆ CrPC s.113
- 133Copy of order to accompany summons or warrant.Every summons or warrant issued under section 132 must be accompanied by a copy of the order made under section 130. The serving or executing officer is required to deliver this copy to the person served or arrested, ensuring the person is informed of the basis of the proceedings.⇆ CrPC s.114
- 134Power to dispense with personal attendance.The Magistrate has discretion to dispense with the personal attendance of a person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or good behaviour. In such cases, the Magistrate may permit the person to appear through an advocate instead.⇆ CrPC s.115
- 135Inquiry as to truth of information.Once a person appears or is brought before the Magistrate pursuant to section 131 or 132, the Magistrate must inquire into the truth of the information on which action was taken, following the procedure for summons-cases as nearly as practicable. During the inquiry, the Magistrate may direct the person to execute a bond or bail bond and detain him if immediate measures are necessary; the inquiry must be completed within six months, failing which proceedings stand terminated unless the Magistrate records special reasons for continuation, subject to oversight by the Sessions Judge.⇆ CrPC s.116
- 136Order to give security.If the inquiry under section 135 proves that it is necessary for keeping the peace or maintaining good behaviour, the Magistrate shall order the person to execute a bond or bail bond. The order cannot require security of a different nature, a larger amount, or for a longer period than specified in the original order under section 130; the bond amount must be reasonable, and in the case of a child, only sureties shall execute the bond.⇆ CrPC s.117
- 137Discharge of person informed against.If the inquiry under section 135 does not prove the necessity for the person to execute a bond, the Magistrate shall record that finding. The person shall then be released if in custody solely for the inquiry, or discharged if not in custody.⇆ CrPC s.118
- 138Commencement of period for which security is required.Where a person required to furnish security under section 125 or section 136 is at the time of the order sentenced to or undergoing imprisonment, the security period commences only upon expiration of that sentence. In all other cases, the period commences from the date of the order, unless the Magistrate fixes a later date for sufficient reason.⇆ CrPC s.119
- 139Contents of bond.The bond or bail bond executed by the person binds him to keep the peace or be of good behaviour as required. In the case of a good behaviour bond, any commission, attempt to commit, or abetment of any offence punishable with imprisonment—wherever committed—constitutes a breach of the bond.⇆ CrPC s.120
- 140Power to reject sureties.A Magistrate may refuse to accept or reject a previously accepted surety under this Chapter on the ground that the surety is an unfit person, but only after holding or causing an inquiry on oath with reasonable notice to the surety and the person who offered him. If satisfied after considering the evidence and any report that the surety is unfit, the Magistrate shall make a reasoned order refusing or rejecting the surety; before rejecting a previously accepted surety, the Magistrate must cause the principal to appear before him by summons or warrant.⇆ CrPC s.121
- 141Imprisonment in default of security.A person ordered to give security under section 125 or 136 who fails to do so shall be committed to or detained in prison until the period expires or security is given. Where the security period exceeds one year, the Magistrate must refer the matter to the Sessions Judge, who may pass appropriate orders, subject to a maximum imprisonment of three years. Imprisonment for failure to give security for keeping the peace is simple; for good behaviour it may be simple or rigorous depending on the proceedings.⇆ CrPC s.122
- 142Power to release persons imprisoned for failing to give security.The District Magistrate (for orders under section 136) or Chief Judicial Magistrate (in other cases) may release a person imprisoned for failing to give security if satisfied there is no hazard to the community, and may impose conditions on such discharge. The High Court, Court of Session, District Magistrate, or Chief Judicial Magistrate may also reduce the amount of security, number of sureties, or duration. If conditions of discharge are breached, the person may be arrested without warrant and remanded to prison for the unexpired portion of the term.⇆ CrPC s.123
- 143Security for unexpired period of bond.When a person appears or is brought before a Magistrate or Court pursuant to a summons or warrant issued under section 140(3) proviso or section 142(10), the existing bond or bail bond is cancelled and the person is ordered to furnish fresh security of the same description for the unexpired portion of the original term. Such an order is deemed to be an order under section 125 or section 136 for the purposes of sections 139 to 142.⇆ CrPC s.124
Chapter X · ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
- 144Order for maintenance of wives, children and parents.A First Class Magistrate may order a person with sufficient means who neglects or refuses to maintain his wife, legitimate or illegitimate child, or father or mother (all unable to maintain themselves) to pay a monthly maintenance allowance. An interim maintenance order may also be made during pendency of proceedings, to be disposed of within sixty days of service of notice. Failure to comply with the order without sufficient cause may result in a warrant for levying the amount and imprisonment up to one month.⇆ CrPC s.125
- 145Procedure.Proceedings under section 144 may be initiated in any district where the respondent is, where he or his wife resides, where he last resided with his wife or the mother of the illegitimate child, or where his father or mother resides. Evidence must be recorded in the presence of the respondent or his advocate in the manner prescribed for summons-cases. If the respondent wilfully avoids service or neglects to attend, the Magistrate may proceed ex parte, and any ex parte order may be set aside within three months on good cause shown.⇆ CrPC s.126
- 146Alteration in allowance.On proof of a change in circumstances, the Magistrate may alter the monthly maintenance or interim maintenance allowance ordered under section 144. Where a competent Civil Court's decision makes the maintenance order untenable, the Magistrate shall cancel or vary it accordingly. Special provisions govern cancellation of orders in favour of divorced women who remarry, receive full divorce settlement, or voluntarily surrender maintenance rights.⇆ CrPC s.127
- 147Enforcement of order of maintenance.A copy of the maintenance or interim maintenance order shall be given free of charge to the person in whose favour it is made, their guardian, or the person to whom the allowance is to be paid. The order may be enforced by any Magistrate in any place where the person against whom it is made is found, upon satisfaction as to identity of parties and non-payment of the allowance.⇆ CrPC s.128
Chapter XI · MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- 148Dispersal of assembly by use of civil force.An Executive Magistrate, officer in charge of a police station, or a sub-inspector (in the absence of the officer in charge) may command an unlawful assembly or an assembly of five or more persons likely to disturb public peace to disperse. If the assembly does not disperse or shows determination not to do so, the authorised officer may use civil force to disperse it and may require assistance from civilians (not armed forces members) to arrest and confine members.⇆ CrPC s.129
- 149Use of armed forces to disperse assembly.Where an assembly cannot otherwise be dispersed and public security requires it, the District Magistrate or an authorised Executive Magistrate present may cause it to be dispersed by the armed forces. The Magistrate may require an armed forces officer to disperse the assembly and arrest persons as directed. The armed forces officer must obey such requisition in the manner he thinks fit, using minimum force and causing minimum injury to persons and property.⇆ CrPC s.130
- 150Power of certain armed force officers to disperse assembly.When public security is manifestly endangered by an unlawful assembly and no Executive Magistrate can be communicated with, a commissioned or gazetted officer of the armed forces may independently disperse the assembly using armed forces under his command and arrest persons forming part of it. As soon as communication with an Executive Magistrate becomes practicable, the officer must do so and thereafter follow the Magistrate's instructions.⇆ CrPC s.131
- 151Protection against prosecution for acts done under sections 148, 149 and 150.No prosecution for acts done under sections 148, 149, or 150 can be instituted in any Criminal Court without prior sanction of the Central Government (for armed forces personnel) or the State Government (in other cases). Good-faith actions by Executive Magistrates, police officers, armed forces officers, and members obeying orders under those sections are deemed not to constitute offences. The section also defines 'armed forces', 'officer', and 'member' for the purposes of this Chapter.⇆ CrPC s.132
- 152Conditional order for removal of nuisance.A District Magistrate, Sub-divisional Magistrate, or specially empowered Executive Magistrate may, on receiving a police report or other information, issue a conditional order requiring a person to remove an unlawful obstruction or nuisance, regulate a harmful trade, prevent dangerous construction, repair or remove unsafe structures, fence dangerous excavations, or dispose of dangerous animals. The person against whom the order is made must either comply within the fixed time or appear and show cause why the order should not be made absolute. No Civil Court can question an order duly made under this section.⇆ CrPC s.133
- 153Service or notification of order.The conditional order made under section 152 shall, if practicable, be served on the person against whom it is made in the manner prescribed for service of summons. If personal service is not possible, the order shall be notified by proclamation published as directed by State Government rules, and a copy shall be affixed at the most suitable place(s) to convey information to that person.⇆ CrPC s.134
- 154Person to whom order is addressed to obey or show cause.The person against whom a conditional order under section 152 is made must either perform the act directed within the specified time and manner, or appear before the Magistrate and show cause against the order. The section expressly permits appearance and hearing through audio-video conferencing.⇆ CrPC s.135
- 155Penalty for failure to comply with section 154.If the person against whom an order is made under section 154 neither performs the directed act nor appears to show cause, they become liable to the penalty specified in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the conditional order is made absolute.⇆ CrPC s.136
- 156Procedure where existence of public right is denied.Where a section 152 order concerns prevention of obstruction or nuisance to public use of a way, river, channel, or place, the Magistrate must first ask the person appearing whether they deny the existence of a public right. If reliable evidence supporting such denial is found, proceedings are stayed until a competent Civil Court decides the question of public right; if no reliable evidence is found, the Magistrate proceeds under section 157. A person who fails to deny the public right, or who denies it but adduces no reliable evidence, cannot raise such denial in subsequent proceedings.⇆ CrPC s.137
- 157Procedure where person against whom order is made under section 152 appears to show cause.When the person against whom a section 152 order is made appears and shows cause, the Magistrate takes evidence as in a summons-case. If satisfied that the order (with or without modification) is reasonable and proper, the Magistrate makes it absolute; if not satisfied, no further proceedings are taken. Proceedings under this section must be completed within ninety days, extendable in writing to one hundred and twenty days.⇆ CrPC s.138
- 158Power of Magistrate to direct local investigation and examination of an expert.For the purposes of an inquiry under section 156 or section 157, the Magistrate may direct a local investigation to be conducted by any suitable person, or may summon and examine an expert. These are discretionary powers to assist the Magistrate in fact-finding.⇆ CrPC s.139
- 159Power of Magistrate to furnish written instructions, etc.Where a local investigation is directed under section 158, the Magistrate may furnish written instructions to the investigator and determine who shall bear the costs of the investigation; the investigator's report may be read as evidence. Where an expert is summoned and examined, the Magistrate may direct who shall pay the costs of such summoning and examination.⇆ CrPC s.140
- 160Procedure on order being made absolute and consequences of disobedience.Once an order is made absolute under section 155 or section 157, the Magistrate notifies the person and requires performance of the directed act within a fixed time, warning of liability under section 223 of the Bharatiya Nyaya Sanhita, 2023 for disobedience. If the act is not performed in time, the Magistrate may cause it to be performed and recover costs by sale of removed property or by distress and sale of the person's movable property, including property outside the Magistrate's jurisdiction if endorsed by the local Magistrate. No suit lies for anything done in good faith under this section.⇆ CrPC s.141
- 161Injunction pending inquiry.Where a Magistrate making an order under section 152 considers that immediate measures are needed to prevent imminent serious danger or injury to the public, he may issue an injunction to the person against whom the order was made. If that person fails to obey the injunction forthwith, the Magistrate may himself use, or cause to be used, such means as he thinks fit to prevent the danger or injury. No suit lies in respect of anything done in good faith by the Magistrate under this section.⇆ CrPC s.142
- 162Magistrate may prohibit repetition or Continuance of public nuisance.A District Magistrate, Sub-divisional Magistrate, any other Executive Magistrate, or a Deputy Commissioner of Police empowered by the State Government or District Magistrate may order any person not to repeat or continue a public nuisance as defined in the Bharatiya Nyaya Sanhita 2023 or any special or local law. The power is preventive and directed at stopping the continuation or repetition of a nuisance already established.⇆ CrPC s.143
- 163Power to issue order in urgent cases of nuisance or apprehended danger.A District Magistrate, Sub-divisional Magistrate, or specially empowered Executive Magistrate may, by written order stating material facts, direct any person to abstain from a certain act or to take certain order with respect to property in his possession or management, where immediate prevention or speedy remedy is desirable to prevent obstruction, annoyance, injury, danger to life/health/safety, disturbance of public tranquillity, riot, or affray. Such an order may be passed ex parte in emergencies or where timely notice is not practicable, and may be directed to a specific individual, persons in a particular area, or the public generally. The order shall not remain in force for more than two months, extendable by State Government notification for up to a further six months in specified circumstances; any aggrieved person may apply for rescission or alteration.⇆ CrPC s.144
- 164Procedure where dispute concerning land or water is likely to cause breach of peace.When an Executive Magistrate is satisfied that a dispute likely to cause a breach of the peace exists concerning any land or water (including buildings, markets, fisheries, crops, rents, or profits) within his jurisdiction, he shall make a written order requiring the parties to attend and submit written statements of their claims as to actual possession. The Magistrate shall then hear parties, receive evidence, and decide which party was in possession at the date of the order under sub-section (1), without reference to the merits of any right to possess; a party forcibly and wrongfully dispossessed within two months before the Magistrate received information may be treated as if in possession. If possession is determined, the Magistrate issues an order declaring that party entitled to possession until evicted by due course of law.⇆ CrPC s.145
- 165Power to attach subject of dispute and to appoint receiver.If, after making an order under section 164(1), the Magistrate considers the case an emergency, or finds that none of the parties was in possession, or is unable to determine which party was in possession, he may attach the subject of dispute until a competent Civil Court determines the rights of the parties. The Magistrate may make arrangements for looking after the attached property or appoint a receiver with powers equivalent to a receiver under the Code of Civil Procedure 1908; if a Civil Court subsequently appoints a receiver, the Magistrate's receiver must hand over possession and is discharged.⇆ CrPC s.146
- 166Dispute concerning right of use of land or water.When an Executive Magistrate is satisfied that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of land or water (whether claimed as an easement or otherwise), he shall make a written order requiring the parties to attend and submit written statements of their claims. The Magistrate shall hear parties, receive and consider evidence, and decide whether such right exists; if it does, he may prohibit interference with its exercise and may order removal of obstructions, subject to the condition that the right must have been exercised within three months before receipt of the report (or during the last relevant season for seasonal rights). Proceedings may be converted between this section and section 164 if the Magistrate finds the dispute falls under the other provision.⇆ CrPC s.147
- 167Local inquiry.For the purposes of sections 164, 165, or 166, a District Magistrate or Sub-divisional Magistrate may depute a subordinate Magistrate to conduct a local inquiry, furnishing written instructions and declaring who shall bear the expenses. The deputed Magistrate's report may be read as evidence in the case. The Magistrate passing the decision may also direct by whom costs incurred by any party (including witness expenses and reasonable advocates' fees) shall be paid, in whole, part, or proportion.⇆ CrPC s.148
Chapter XII · PREVENTIVE ACTION OF THE POLICE
- 168Police to prevent cognizable offences.Every police officer is empowered and duty-bound to interpose for the purpose of preventing the commission of any cognizable offence, and shall, to the best of his ability, prevent such commission. The provision is both a power and a mandatory duty cast on every police officer.⇆ CrPC s.149
- 169Information of design to commit cognizable offences.Every police officer who receives information of a design to commit any cognizable offence is required to communicate that information to his superior officer and to any other officer whose duty it is to prevent or take cognizance of the commission of such offence. The provision ensures timely dissemination of intelligence within the police hierarchy.⇆ CrPC s.150
- 170Arrest to prevent commission of cognizable offences.A police officer who knows of a design to commit a cognizable offence may arrest the person so designing without a Magistrate's order or warrant, if the officer believes the commission of the offence cannot otherwise be prevented. A person so arrested shall not be detained for more than twenty-four hours from the time of arrest unless further detention is required or authorised under the Sanhita or any other law in force.⇆ CrPC s.151
- 171Prevention of injury to public property.A police officer may, on his own authority, intervene to prevent any injury being attempted in his view to any public property (movable or immovable), or to prevent removal or injury of any public landmark, buoy, or navigation mark. The power is self-initiated and does not require prior magisterial direction. It is limited to acts attempted in the officer's view.⇆ CrPC s.152
- 172Persons bound to conform to lawful directions of policeAll persons must comply with lawful directions given by a police officer in discharge of duties under this Chapter. A police officer may detain or remove any person who resists, refuses, ignores, or disregards such directions, and must either produce that person before a Magistrate or, in petty cases, release him within twenty-four hours.⇆ CrPC s.153
Chapter XIII · INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- 173Information in cognizable cases.Every cognizable offence FIR may be given orally or by electronic communication to the officer in charge of a police station; oral information must be reduced to writing, read over, and signed, while electronic information must be signed within three days. Special protections apply for women and disabled victims of sexual offences, including recording by a woman officer, at the victim's residence, with videography, and subsequent Magistrate statement. A new preliminary enquiry mechanism (up to 14 days, with DSP-level permission) is introduced for offences punishable with 3–7 years. A person aggrieved by refusal to register an FIR may approach the Superintendent of Police or, failing that, the Magistrate.⇆ CrPC s.154
- 174Information as to non-cognizable cases and investigation of such cases.When a non-cognizable offence is reported, the officer in charge must record the substance in the prescribed book, refer the informant to the Magistrate, and forward a fortnightly daily diary report to the Magistrate. No investigation of a non-cognizable case may be conducted without a Magistrate's order, though once ordered, the investigating officer has the same powers as in a cognizable case except the power to arrest without warrant. Where a case involves both cognizable and non-cognizable offences, it is treated as a cognizable case.⇆ CrPC s.155
- 175Police officer’s power to investigate cognizable case.An officer in charge of a police station may investigate any cognizable case within his jurisdiction without a Magistrate's order, though the Superintendent of Police may direct a Deputy Superintendent to investigate based on the nature and gravity of the offence. No investigation proceeding can be challenged solely on the ground that the officer lacked power to investigate. A Magistrate empowered under section 210 may order investigation on an affidavit-supported application, and may also order investigation against a public servant after receiving a superior's report and the public servant's own assertions.⇆ CrPC s.156
- 176Procedure for investigation.Upon suspecting commission of an offence he is empowered to investigate, the officer in charge must forthwith send a report to the Magistrate and proceed (or depute a subordinate of prescribed rank) to the spot to investigate and, if necessary, arrest the offender. Exceptions exist where the accused is named and the case is not serious, or where there is no sufficient ground for investigation. For offences punishable with seven years or more, a forensic expert must visit the crime scene and the process must be videographed. Rape victim statements must be recorded at the victim's residence or chosen place, preferably by a woman officer in the presence of family or a social worker, and may be recorded through audio-video means.⇆ CrPC s.157
- 177Report how submitted.Reports sent to a Magistrate under section 176 may, if the State Government so directs, be routed through a superior police officer appointed for that purpose. The superior officer may record instructions on the report and must transmit it without delay to the Magistrate.⇆ CrPC s.158
- 178Power to hold investigation or preliminary inquiry.On receiving a report under section 176, the Magistrate may direct an investigation or may himself proceed, or depute a subordinate Magistrate, to hold a preliminary inquiry or otherwise dispose of the case as provided under the Sanhita. The Magistrate has discretion to choose between directing investigation and conducting a preliminary inquiry.⇆ CrPC s.159
- 179Police officer's power to require attendance of witnesses.A police officer investigating under this Chapter may, by written order, require attendance of any person within his own or an adjoining station's limits who appears acquainted with the facts of the case. Vulnerable persons—males under 15 or above 60, women, mentally or physically disabled persons, and acutely ill persons—cannot be required to attend anywhere other than their place of residence, though they may voluntarily attend the police station. The State Government may prescribe payment of reasonable expenses to persons required to attend at a place other than their residence.⇆ CrPC s.160
- 180Examination of witnesses by police.A police officer investigating under this Chapter (or a prescribed-rank officer acting on requisition) may orally examine any person acquainted with the facts of the case; such person must answer all questions truthfully except those that would tend to expose him to criminal charge, penalty, or forfeiture. Statements may be reduced to writing (with a separate true record for each person) and may also be recorded by audio-video electronic means. Statements of women victims of specified sexual offences must be recorded by a woman police officer or woman officer.⇆ CrPC s.161
- 181Statements to police and use thereof.Statements made by any person to a police officer during investigation cannot be signed by the maker, and cannot be used at any inquiry or trial except as provided. A prosecution witness's reduced-to-writing statement may be used by the accused, or with court permission by the prosecution, to contradict that witness; any part so used may also be used in re-examination to explain matters raised in cross-examination. An omission to state a fact may amount to a contradiction if it is significant and relevant in context, which is a question of fact.⇆ CrPC s.162
- 182No inducement to be offered.No police officer or person in authority shall offer, make, or cause to be offered any inducement, threat, or promise as mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023. No police officer or other person shall prevent, by caution or otherwise, any person from making a voluntary statement during investigation. This prohibition on prevention does not affect the provisions of sub-section (4) of section 183.⇆ CrPC s.163
- 183Recording of confessions and statements.Any Magistrate of the district where the offence was registered may record confessions or statements made during investigation, whether or not the Magistrate has jurisdiction, and such recording may be done by audio-video electronic means in the presence of the accused's advocate. Before recording a confession, the Magistrate must explain that the person is not bound to confess and that the confession may be used as evidence, and must be satisfied it is voluntary; if the person states unwillingness to confess, the Magistrate shall not authorise police custody. For offences under specified sections of the Bharatiya Nyaya Sanhita, 2023 (including sexual offences), the Magistrate must record the victim's statement as soon as the offence is reported, preferably by a woman Magistrate, with special provisions for disabled persons including audio-video recording, and such statement serves as examination-in-chief.⇆ CrPC s.164
- 184Medical examination of victim of rape.During investigation of rape or attempt to commit rape, the victim must be sent to a registered medical practitioner (preferably employed in a government or local authority hospital) within twenty-four hours of receiving information about the offence, and examination requires the woman's consent or that of a competent person on her behalf. The medical practitioner must examine the victim without delay and prepare a detailed report covering identity, age, DNA profiling material, injuries, mental condition, and other particulars, with precise reasons for each conclusion and noting exact times of examination. The report must be forwarded by the practitioner to the investigating officer within seven days, who then forwards it to the Magistrate as part of the documents under section 193.⇆ CrPC s.164A
- 185Search by police officer.An officer in charge of a police station or an investigating police officer who has reasonable grounds to believe that anything necessary for the investigation may be found in a place within the station limits, and that it cannot otherwise be obtained without undue delay, may search or cause a search to be made after recording the grounds and specifying the thing sought in writing in the case-diary. The search must be conducted in person if practicable and must be recorded through audio-video electronic means, preferably by mobile phone; if the officer cannot conduct it personally, a subordinate may be directed in writing. Copies of the record must be sent to the nearest Magistrate empowered to take cognizance within forty-eight hours, and the owner or occupier of the searched place is entitled to a free copy on application.⇆ CrPC s.165
- 186When officer in charge of police station may require another to issue search-warrant.An officer in charge of a police station or a police officer not below the rank of sub-inspector may require an officer in charge of another police station (in the same or a different district) to conduct a search in that station's limits, and the requested officer must proceed under section 185 and forward any thing found to the requesting officer. Where delay in making such a request might result in concealment or destruction of evidence, the investigating officer may directly search a place in another station's limits as if it were within his own. The officer conducting such a cross-jurisdictional search must promptly notify the local station officer and send copies of records to the nearest Magistrate empowered to take cognizance.⇆ CrPC s.166
- 187Procedure when investigation cannot be completed in twenty-four hours.When an arrested person cannot be investigated within twenty-four hours and there are grounds to believe the accusation is well-founded, the officer in charge (not below sub-inspector) must forward the accused to the nearest Magistrate with a copy of the case diary entries. The Magistrate may authorise detention in such custody as deemed fit for up to fifteen days initially, and beyond that up to ninety days (for offences punishable with death, life imprisonment, or ten or more years) or sixty days (for other offences), after which the accused is entitled to bail if prepared to furnish it. In summons cases, if investigation is not concluded within six months of arrest, the Magistrate shall stop further investigation unless special reasons justify continuation, and the Sessions Judge may vacate such a stop order.⇆ CrPC s.167
- 188Report of investigation by subordinate police officer.When a subordinate police officer has conducted an investigation under this Chapter, he must report the result of that investigation to the officer in charge of the police station.⇆ CrPC s.168
- 189Release of accused when evidence deficient.If, upon investigation, the officer in charge of the police station finds insufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate, and the accused is in custody, the officer shall release him on a bond or bail bond to appear before a Magistrate empowered to take cognizance on a police report when required.⇆ CrPC s.169
- 190Cases to be sent to Magistrate, when evidence is sufficient.If investigation reveals sufficient evidence or reasonable ground, the officer in charge shall forward the accused in custody to a competent Magistrate, or, if the offence is bailable and the accused can give security, take security for his appearance before the Magistrate. The officer must also send relevant weapons or articles to the Magistrate and require the complainant and necessary witnesses to execute bonds to appear and give evidence. If the bond mentions the Chief Judicial Magistrate's court, it includes any court to which the case is referred, provided reasonable notice is given.⇆ CrPC s.170
- 191Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.No complainant or witness proceeding to court shall be required to accompany a police officer, be subjected to unnecessary restraint or inconvenience, or be required to give any security other than their own bond. However, if a complainant or witness refuses to attend or execute a bond as directed under section 190, the officer in charge of the police station may forward them in custody to the Magistrate. The Magistrate may then detain such person until the bond is executed or the hearing is completed.⇆ CrPC s.171
- 192Diary of proceedings in investigation.Every police officer conducting an investigation must maintain a day-by-day diary recording the time information was received, times of commencement and closure of investigation, places visited, and circumstances ascertained; witness statements recorded under section 180 must be inserted in this diary. The diary must be a duly paginated volume. A Criminal Court may send for and use these diaries to aid inquiry or trial, but not as evidence; the accused has no right to call for or inspect them unless used by the police officer to refresh memory or by the Court to contradict the officer, in which case the relevant provisions of the Bharatiya Sakshya Adhiniyam, 2023 apply.⇆ CrPC s.172
- 193Report of police officer on completion of investigation.Every investigation must be completed without unnecessary delay, and investigations into specified sexual offences under the Bharatiya Nyaya Sanhita, 2023 and POCSO Act must be completed within two months from the date of recording of information. Upon completion, the officer in charge of the police station must forward a report (including by electronic communication) to the empowered Magistrate containing specified particulars, and must inform the informant or victim of investigation progress within ninety days. Further investigation after submission of the report is permissible, and during trial requires court permission and must be completed within ninety days extendable by the court.⇆ CrPC s.173
- 194Police to enquire and report on suicide, etc.When the officer in charge of a police station receives information about a suicide, unnatural death, or death under suspicious circumstances, they must immediately intimate the nearest Executive Magistrate empowered to hold inquests and proceed to the scene to investigate and draw up a report of the apparent cause of death in the presence of two or more respectable inhabitants. The report must be signed and forwarded to the District or Sub-divisional Magistrate within twenty-four hours. In specified cases involving death of a woman within seven years of marriage, doubt about cause of death, or other expedient circumstances, the body must be forwarded to the nearest Civil Surgeon or qualified medical person for examination.⇆ CrPC s.174
- 195Power to summon persons.A police officer proceeding under section 194 may by written order summon two or more persons for the investigation and any other person acquainted with the facts of the case; every person so summoned is bound to attend and answer truthfully except where answers would expose them to criminal charge, penalty, or forfeiture. Certain categories of persons—males under fifteen or above sixty years, women, mentally or physically disabled persons, and acutely ill persons—cannot be required to attend anywhere other than their place of residence, though they may attend a police station if willing. If the facts do not disclose a cognizable offence under section 190, persons need not be required to attend a Magistrate's Court.⇆ CrPC s.175
- 196Inquiry by Magistrate into cause of death.Where a case involves suicide by a woman or death of a woman within seven years of marriage under suspicious circumstances, the nearest empowered Magistrate shall hold an inquiry into the cause of death; in other cases under section 194(1), such a Magistrate may hold such an inquiry in addition to or instead of the police investigation, with all powers of an inquiry into an offence. Where any person dies, disappears, or rape is alleged while in police or court-authorised custody, a Magistrate within whose local jurisdiction the offence occurred must hold an inquiry in addition to the police investigation. The Magistrate or police officer holding such inquiry must forward the body to the nearest Civil Surgeon or qualified medical person within twenty-four hours of death unless not possible for recorded reasons.⇆ CrPC s.176
Chapter XIV · JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
- 197Ordinary place of inquiry and trial.Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. This is the foundational rule of territorial jurisdiction for criminal courts.⇆ CrPC s.177
- 198Place of inquiry or trial.Where it is uncertain in which local area an offence was committed, or where an offence is committed partly in one area and partly in another, or where it is a continuing offence spanning multiple areas, or where it consists of several acts done in different local areas, the offence may be inquired into or tried by a Court having jurisdiction over any of those local areas. This section provides flexibility in territorial jurisdiction for complex or multi-jurisdictional offences.⇆ CrPC s.178
- 199Offence triable where act is done or consequence ensues.When an offence arises from both an act done and a consequence that has ensued from that act, the offence may be inquired into or tried by a Court within whose local jurisdiction either the act was done or the consequence ensued. This extends territorial jurisdiction to cover both the place of the act and the place where its criminal consequence materialised.⇆ CrPC s.179
- 200Place of trial where act is an offence by reason of relation to other offence.When an act constitutes an offence by reason of its relation to another act that is also an offence (or would be an offence if the doer were capable of committing one), the first offence may be inquired into or tried by a Court within whose local jurisdiction either act was done. This provision addresses connected or linked offences that may occur in different jurisdictions.⇆ CrPC s.180
- 201Place of trial in case of certain offences.Provides alternative territorial jurisdictions for specific offences. Dacoity, kidnapping, theft, extortion, robbery, criminal misappropriation, criminal breach of trust, and possession of stolen property may each be tried by a Court where the offence was committed or where the accused/property was found, conveyed, concealed, detained, received, retained, or required to be accounted for, depending on the offence type.⇆ CrPC s.181
- 202Offences committed by means of electronic communications, letters, etc.Extends territorial jurisdiction for cheating offences committed via electronic communications, letters, or telecommunication messages to Courts where such communications were sent or received, or where property was delivered or received. Also provides jurisdiction for bigamy offences (BNS s.82) to Courts where the offence was committed, where the offender last resided with the first spouse, or where the first wife has taken up permanent residence after the offence.⇆ CrPC s.182
- 203Offence committed on journey or voyage.Where an offence is committed while the person or thing involved is in the course of a journey or voyage, any Court through or into whose local jurisdiction that person or thing passed during the journey or voyage may inquire into or try the offence. This provides a flexible territorial basis for offences committed in transit.⇆ CrPC s.183
- 204Place of trial for offences triable together.Where multiple offences by one person or by several persons are triable together under sections 242, 243, 244, or 246, any Court competent to inquire into or try any one of those offences may inquire into or try all of them. This consolidates jurisdiction for joint or connected trials.⇆ CrPC s.184
- 205Power to order cases to be tried in different sessions divisions.The State Government may direct that any case or class of cases committed for trial in a district be tried in a different sessions division, notwithstanding the general territorial jurisdiction rules. Such a direction must not be repugnant to any prior direction of the High Court or Supreme Court.⇆ CrPC s.185
- 206High Court to decide, in case of doubt, district where inquiry or trial shall take place.Where two or more Courts have taken cognizance of the same offence and a question arises as to which should proceed, the matter is decided by the common High Court if both Courts are subordinate to it, or by the High Court within whose appellate criminal jurisdiction proceedings were first commenced if they are not. All other proceedings are discontinued once the question is resolved.⇆ CrPC s.186
- 207Power to issue summons or warrant for offence committed beyond local jurisdiction.A first-class Magistrate who believes a person within his jurisdiction has committed an offence outside it (whether in India or abroad) that is triable in India may inquire into it as if committed locally, compel the person's appearance, and either send the person to the competent Magistrate or take bail if the offence is not punishable with death or life imprisonment. Where the competent Magistrate cannot be identified, the case is reported to the High Court for orders.⇆ CrPC s.187
- 208Offence committed outside India.An offence committed outside India by an Indian citizen (anywhere) or by a non-citizen on an Indian-registered ship or aircraft may be dealt with as if committed at any place in India where the accused is found or where the offence is registered. No such offence may be inquired into or tried in India without the prior sanction of the Central Government.⇆ CrPC s.188
- 209Receipt of evidence relating to offences committed outside India.Where an offence committed outside India is being inquired into or tried under section 208, the Central Government may direct that copies of depositions or exhibits (in physical or electronic form) made before a judicial officer or Indian diplomatic/consular representative in that territory be received as evidence by the Indian Court, in cases where the Court could otherwise issue a commission for taking evidence.⇆ CrPC s.189
Chapter XV · CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- 210Cognizance of offences by Magistrate.A first-class Magistrate, and a second-class Magistrate specially empowered by the Chief Judicial Magistrate, may take cognizance of an offence upon: (a) a complaint of facts (including by a person authorised under special law); (b) a police report submitted in any mode including electronic; or (c) information received from a non-police person or the Magistrate's own knowledge. The Chief Judicial Magistrate may empower second-class Magistrates to take cognizance of offences within their competence.⇆ CrPC s.190
- 211Transfer on application of accused.When a Magistrate takes cognizance of an offence under section 210(1)(c), the accused must be informed before any evidence is taken that he is entitled to have the case inquired into or tried by another Magistrate. If the accused (or any one of multiple accused) objects to further proceedings before that Magistrate, the case shall be transferred to another Magistrate specified by the Chief Judicial Magistrate.⇆ CrPC s.191
- 212Making over of cases to Magistrates.A Chief Judicial Magistrate may, after taking cognizance, make over a case for inquiry or trial to any competent subordinate Magistrate. A first-class Magistrate empowered by the CJM may similarly make over a case to another competent Magistrate as specified by the CJM by general or special order.⇆ CrPC s.192
- 213Cognizance of offences by Court of Session.A Court of Session cannot take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a Magistrate under the BNSS. This rule applies except where otherwise expressly provided by the Sanhita or any other law in force.⇆ CrPC s.193
- 214Additional Sessions Judges to try cases made over to them.An Additional Sessions Judge shall try only such cases as are made over to him by the Sessions Judge of the division by general or special order, or as directed by the High Court by special order.⇆ CrPC s.194
- 215Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.No Court may take cognizance of offences under BNS sections 206–223 (excluding 209) or related abetment/conspiracy except on a written complaint by the concerned public servant or an authorised superior. Similarly, offences under specified BNS sections committed in relation to court proceedings, or offences relating to documents given in evidence in court, require a written complaint by that Court or an officer authorised by it. A complaint under clause (a) may be withdrawn by the competent authority before conclusion of trial in the court of first instance. The term 'Court' includes civil, revenue, and criminal courts and specified tribunals.⇆ CrPC s.195
- 216Procedure for witnesses in case of threatening, etc.A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023, which deals with threatening or inducing any person to give false evidence.⇆ CrPC s.195A
- 217Prosecution for offences against State and for criminal conspiracy to commit such offence.No Court may take cognizance of offences against the State (Chapter VII of BNS) or under BNS sections 196, 299, or 353(1), or related conspiracies or abetments, without prior sanction of the Central or State Government. Offences under BNS sections 197 or 353(2)/(3) and related conspiracies additionally permit sanction by the District Magistrate. For criminal conspiracies under BNS section 61(2) not involving death, life imprisonment, or rigorous imprisonment of two years or more, written consent of the State Government or District Magistrate is required. Before granting sanction or consent, the government or District Magistrate may order a preliminary investigation by a police officer not below the rank of Inspector.⇆ CrPC s.196
- 218Prosecution of Judges and public servants.No Court may take cognizance of an offence alleged to have been committed by a Judge, Magistrate, or non-removable public servant while acting or purporting to act in discharge of official duty, without prior sanction of the Central Government (for Union employees) or State Government (for State employees), subject to the Lokpal and Lokayuktas Act 2013. The Government must decide on the sanction request within 120 days, failing which sanction is deemed granted. No sanction is required for offences under specified BNS sections (including sexual offences under sections 64–79 and related provisions). Similar prior sanction of the Central Government is required for Armed Forces members, and the State Government may extend this requirement to forces maintaining public order.⇆ CrPC s.197
- 219Prosecution for offences against marriage.No Court may take cognizance of offences under BNS sections 81–84 (marriage-related offences) except on a complaint by the aggrieved person, with specific provisions allowing complaints by authorised representatives where the aggrieved person is a child, of unsound mind, infirm, or a woman constrained by local custom. For offences under BNS section 84, only the husband is deemed aggrieved. No Court may take cognizance of marital rape under BNS section 64 (wife under 18) if more than one year has elapsed from the date of the offence.⇆ CrPC s.198
- 220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.No Court may take cognizance of an offence punishable under BNS section 85 (cruelty by husband or relatives of husband) except upon a police report of facts constituting the offence, or upon a complaint made by the aggrieved person or specified close relatives (father, mother, brother, sister, father's or mother's brother or sister), or with the Court's leave, by any other person related by blood, marriage, or adoption.⇆ CrPC s.198A
- 221Cognizance of offence.No Court may take cognizance of the offence under section 67 of the Bharatiya Nyaya Sanhita, 2023 (relating to sexual intercourse by a husband with his wife in a marital relationship) unless the Court is prima facie satisfied that the facts constitute the offence, and only upon a complaint filed or made by the wife against the husband.
- 222Prosecution for defamation.Cognizance of defamation under section 356 of the BNS can ordinarily be taken only on a complaint by the aggrieved person; where the victim is a high constitutional functionary or public servant acting in official capacity, a Court of Session may take cognizance on a written complaint by the Public Prosecutor (with prior government sanction) within six months of the alleged offence. The section preserves the right of the aggrieved person to independently approach a Magistrate.⇆ CrPC s.199
Chapter XVI · COMPLAINTS TO MAGISTRATES
- 223Examination of complainant.When a Magistrate takes cognizance of an offence on complaint, he must examine the complainant and present witnesses on oath, reduce the substance to writing, and have it signed by all parties including himself; the accused must be given an opportunity of being heard before cognizance is taken. Special procedural protections apply when the complaint is against a public servant for acts done in official discharge of duty, requiring the public servant's assertions and a superior officer's report before cognizance.⇆ CrPC s.200
- 224Procedure by Magistrate not competent to take cognizance of case.If a complaint is made to a Magistrate who lacks jurisdiction to take cognizance of the offence, he must return a written complaint with an endorsement directing it to the proper Court, or, if the complaint is oral, direct the complainant to the proper Court.⇆ CrPC s.201
- 225Postponement of issue of process.A Magistrate authorised to take cognizance may postpone issuing process against an accused (especially one residing outside his jurisdiction) and may himself inquire into the case or direct a police officer or other person to investigate, to determine whether sufficient ground for proceeding exists. An investigator who is not a police officer has all powers of an officer in charge of a police station except the power to arrest without warrant.⇆ CrPC s.202
- 226Dismissal of complaint.After considering the complainant's and witnesses' statements on oath and the result of any inquiry or investigation under section 225, if the Magistrate finds no sufficient ground for proceeding, he shall dismiss the complaint and briefly record his reasons in writing.⇆ CrPC s.203
- 227Issue of process.If a Magistrate taking cognizance finds sufficient ground for proceeding, he shall issue summons in a summons-case or may issue a warrant or summons in a warrant-case (including through electronic means); no summons or warrant shall be issued until a list of prosecution witnesses is filed, and in written-complaint proceedings the process must be accompanied by a copy of the complaint. The Magistrate may dismiss the complaint if prescribed process-fees are not paid within a reasonable time.⇆ CrPC s.204
- 228Magistrate may dispense with personal attendance of accused.When issuing a summons, a Magistrate may dispense with the accused's personal attendance and permit appearance through an advocate; however, at any stage of the proceedings the Magistrate may, in his discretion, direct and enforce the personal attendance of the accused.⇆ CrPC s.205
- 229Special summons in cases of petty offence.For petty offences (punishable only with fine not exceeding five thousand rupees, excluding Motor Vehicles Act offences), a Magistrate may issue a special summons allowing the accused to plead guilty and pay the fine by post or through an advocate without appearing in person. State Governments may specially empower Magistrates to use this procedure for compoundable offences or offences punishable with imprisonment up to three months or fine where imposition of fine alone would meet the ends of justice.⇆ CrPC s.206
- 230Supply to accused of copy of police report and other documents.In proceedings instituted on a police report, the Magistrate must, within fourteen days of the accused's production or appearance, furnish free of cost to the accused and the victim (if represented by an advocate) copies of the police report, FIR, witness statements, confessions, and other documents forwarded with the police report; voluminous documents may be supplied electronically or made available for inspection. Supply of documents in electronic form is deemed duly furnished.⇆ CrPC s.207
- 231Supply of copies of statements and documents to accused in other cases triable by Court of Session.Where a case not instituted on a police report is found by the Magistrate (while issuing process under section 227) to be exclusively triable by the Court of Session, the Magistrate must immediately furnish the accused, free of cost, copies of statements recorded under sections 223/225, confessions/statements under sections 180/183, and prosecution documents. Voluminous documents need not be copied but must be made available for inspection. Supply in electronic form is deemed sufficient compliance.⇆ CrPC s.208
- 232Commitment of case to Court of Session when offence is triable exclusively by it.When an accused appears before a Magistrate and the offence is found to be exclusively triable by the Court of Session, the Magistrate must commit the case to that Court after complying with sections 230 or 231, remand the accused to custody, transmit the case record and evidence, and notify the Public Prosecutor. Committal proceedings must be completed within 90 days of taking cognizance, extendable up to 180 days for recorded reasons. Any pending applications by the accused or victim must be forwarded to the Court of Session along with the committal.⇆ CrPC s.209
- 233Procedure to be followed when there is a complaint case and police investigation in respect of same offence.When a complaint case is pending before a Magistrate and a parallel police investigation is discovered to be in progress for the same offence, the Magistrate must stay the complaint proceedings and call for a police report. If the police report leads to cognizance being taken against an accused in the complaint case, both cases are tried together as if instituted on a police report. If the police report does not implicate any accused in the complaint case or no cognizance is taken, the stayed complaint proceedings resume.⇆ CrPC s.210
Chapter XVIII · THE CHARGE
- 234Contents of charge.Every charge must clearly state the offence charged, citing the specific name (if any) given by law or enough of the definition to give the accused adequate notice, along with the relevant law and section number. The charge is deemed to incorporate a statement that all legal conditions constituting the offence were fulfilled. Where a prior conviction is to be used to enhance punishment, the fact, date, and place of that conviction must be stated in the charge, and may be added at any time before sentence.⇆ CrPC s.211
- 235Particulars as to time, place and person.A charge must contain sufficient particulars of time, place, and person or thing involved to give the accused adequate notice of the matter charged. For offences of criminal breach of trust or dishonest misappropriation, it is sufficient to state the gross sum or description of property and the date range (not exceeding one year) without specifying individual items or exact dates, and such a charge is treated as a charge of one offence.⇆ CrPC s.212
- 236When manner of committing offence must be stated.Where the particulars of time, place, and person required under sections 234 and 235 are insufficient to give the accused adequate notice, the charge must additionally describe the manner in which the offence was committed. The illustrations clarify that simple offences like theft or murder need not state the manner, whereas offences like cheating, false evidence, or obstruction of a public servant require the specific manner to be set out.⇆ CrPC s.213
- 237Words in charge taken in sense of law under which offence is punishable.Words used in a charge to describe an offence carry the meaning assigned to them by the law under which the offence is punishable, ensuring that the charge is interpreted consistently with the relevant statute.⇆ CrPC s.214
- 238Effect of errors.An error or omission in stating the offence or required particulars in a charge is not material at any stage of the case unless the accused was actually misled by it and a failure of justice resulted. Courts assess materiality by examining whether the accused was prejudiced in fact, not merely by the technical defect in the charge.⇆ CrPC s.215
- 239Court may alter charge.A Court may alter or add to any charge at any time before judgment, and must read and explain the alteration to the accused. If the alteration is unlikely to prejudice either party, the trial may continue on the altered charge; if prejudice is likely, the Court may direct a new trial or adjourn. Where the altered charge requires prior sanction for prosecution, the case cannot proceed without such sanction unless already obtained on the same facts.⇆ CrPC s.216
- 240Recall of witnesses when charge altered.After a charge is altered or added to during trial, both the prosecutor and the accused have the right to recall and re-examine any previously examined witness with reference to the alteration, and to call further material witnesses. The Court may deny recall only for reasons recorded in writing if it finds the request is for vexation, delay, or to defeat justice.⇆ CrPC s.217
- 241Separate charges for distinct offences.Every distinct offence must be the subject of a separate charge and tried separately. However, on a written application by the accused, the Magistrate may try multiple charges together if satisfied that the accused will not be prejudiced. Sections 242, 243, 244, and 246 operate as exceptions to this general rule.⇆ CrPC s.218
- 242Offences of same kind within year may be charged together.Where a person is accused of more than one offence of the same kind committed within twelve months, they may be charged with and tried at one trial for up to five such offences. Offences are of the same kind when punishable with the same amount of punishment under the same section of the BNS or any special or local law. An offence and an attempt to commit it are deemed offences of the same kind.⇆ CrPC s.219
- 243Trial for more than one offence.Where more than one offence is committed by the same person in one series of acts forming the same transaction, they may be charged with and tried for every such offence at one trial. The section also permits joint trial for criminal breach of trust or dishonest misappropriation along with related falsification of accounts offences, and for acts falling under multiple offence definitions or constituting different offences when combined.⇆ CrPC s.220
- 244Where it is doubtful what offence has been committed.Where it is doubtful which of several offences the provable facts will constitute, the accused may be charged with all or any of such offences and tried on them simultaneously, or charged in the alternative. If charged with one offence but evidence shows commission of a different offence for which an alternative charge could have been framed, the accused may be convicted of that different offence even without a specific charge.⇆ CrPC s.221
- 245When offence proved included in offence charged.Where a person is charged with an offence but only the particulars constituting a minor included offence are proved, or facts reduce the charge to a minor offence, the accused may be convicted of that minor offence even without a separate charge. An accused charged with an offence may also be convicted of an attempt to commit it without a separate charge for the attempt. This power does not apply where procedural conditions for initiating proceedings for the minor offence have not been satisfied.⇆ CrPC s.222
- 246What persons may be charged jointly.This section specifies the categories of persons who may be charged and tried jointly, including persons accused of the same offence in the same transaction, persons accused of abetment or attempt, persons accused of different offences in the same transaction, and persons accused of offences relating to stolen property or counterfeit coin. A proviso allows a Magistrate or Court of Session to try persons not falling within these categories together if they apply in writing and the court is satisfied no prejudice will result.⇆ CrPC s.223
- 247Withdrawal of remaining charges on conviction on one of several charges.Where multiple charges are framed against the same person and a conviction is obtained on one or more of them, the complainant or prosecuting officer may, with the court's consent, withdraw the remaining charges, or the court may of its own accord stay inquiry or trial into them. Such withdrawal operates as an acquittal on the withdrawn charges unless the conviction is set aside, in which case the court may revive those charges.⇆ CrPC s.224
Chapter XIX · TRIAL BEFORE A COURT OF SESSION
- 248Trial to be conducted by Public Prosecutor.In every trial before a Court of Session, the prosecution must be conducted by a Public Prosecutor. This is a mandatory procedural requirement for Sessions trials.⇆ CrPC s.225
- 249Opening case for prosecution.When the accused appears or is brought before the Court of Session following commitment under section 232 or any other law, the prosecutor must open the case by describing the charge and stating the evidence by which the prosecution proposes to prove the accused's guilt. This marks the formal commencement of the Sessions trial.⇆ CrPC s.226
- 250Discharge.An accused may apply for discharge within sixty days from the date of commitment of the case under section 232. After considering the case record, documents, and submissions of both sides, if the Sessions Judge finds insufficient ground to proceed, the accused shall be discharged with recorded reasons.⇆ CrPC s.227
- 251Framing of charge.After consideration and hearing, if the Sessions Judge presumes the accused committed an offence not exclusively triable by the Court of Session, the Judge may frame a charge and transfer the case to the Chief Judicial Magistrate or a Judicial Magistrate of the first class. If the offence is exclusively triable by the Court of Session, the Judge shall frame a written charge within sixty days of the first hearing on charge. The charge must be read and explained to the accused (physically or via audio-video means) and the accused asked whether they plead guilty or claim to be tried.⇆ CrPC s.228
- 252Conviction on plea of guilty.If the accused pleads guilty before the Sessions Judge, the Judge shall record the plea and may, in discretion, convict the accused on that plea. The conviction is discretionary, not mandatory.⇆ CrPC s.229
- 253Date for prosecution evidence.If the accused refuses to plead, does not plead, claims to be tried, or is not convicted under section 252, the Sessions Judge shall fix a date for examination of witnesses. On the prosecution's application, the Judge may issue process to compel attendance of witnesses or production of documents or things.⇆ CrPC s.230
- 254Evidence for prosecution.On the date fixed, the Sessions Judge shall take all evidence produced in support of the prosecution, with the option to record witness evidence via audio-video electronic means. Depositions of public servants may also be taken through audio-video electronic means. The Judge may defer cross-examination of any witness until other witnesses are examined, or recall a witness for further cross-examination.⇆ CrPC s.231
- 255Acquittal.After taking prosecution evidence, examining the accused, and hearing both sides, if the Sessions Judge finds no evidence that the accused committed the offence, the Judge shall record an order of acquittal. This is a mandatory acquittal where the evidentiary threshold is not met.⇆ CrPC s.232
- 256Entering upon defence.Where the accused is not acquitted under section 255, the accused is called upon to enter on their defence and adduce evidence. Any written statement put in by the accused shall be filed with the record. The Judge shall issue process for compelling attendance of defence witnesses or production of documents unless the application is found to be vexatious, dilatory, or aimed at defeating justice, with reasons recorded.⇆ CrPC s.233
- 257Arguments.After completion of defence evidence, the prosecutor sums up the case and the accused or their advocate is entitled to reply. Where the accused raises a point of law, the prosecution may, with the Judge's permission, make submissions on that point of law.⇆ CrPC s.234
- 258Judgment of acquittal or conviction.After hearing arguments and points of law, the Sessions Judge shall deliver judgment as soon as possible, within thirty days from the date of completion of arguments, extendable to forty-five days for recorded reasons. If the accused is convicted, the Judge shall hear the accused on the question of sentence before passing sentence, unless proceeding under section 401.⇆ CrPC s.235
- 259Previous conviction.Where a previous conviction is charged under section 234(7) and the accused does not admit it, the Sessions Judge may, after convicting the accused under section 252 or 258, take evidence on the alleged previous conviction and record a finding. The previous conviction charge shall not be read out, the accused shall not be asked to plead to it, and it shall not be referred to by the prosecution until after conviction.⇆ CrPC s.236
- 260Procedure in cases instituted under sub-section (2) of section 222.A Court of Session taking cognizance under section 222(2) shall try the case following the procedure for warrant-cases instituted otherwise than on a police report before a Magistrate, with the complainant-victim ordinarily examined as a prosecution witness. The trial shall be held in camera if either party desires or the Court thinks fit. If the accused is discharged or acquitted and the Court finds no reasonable cause for the accusation, it may direct the complainant (excluding certain constitutional functionaries) to show cause why compensation not exceeding five thousand rupees should not be paid to the accused, recoverable as a fine; such compensation does not bar civil or criminal liability, and the accused may appeal the compensation order to the High Court.⇆ CrPC s.237
Chapter XX · TRIAL OF WARRANT-CASES BY MAGISTRATES
- 261Compliance with section 230.At the commencement of trial in a warrant-case instituted on a police report, when the accused appears or is brought before the Magistrate, the Magistrate must satisfy himself that the requirements of section 230 (supply of documents/copies to the accused) have been complied with. This is a preliminary check before the trial proceeds further.⇆ CrPC s.238
- 262When accused shall be discharged.In a warrant-case instituted on a police report, the accused may apply for discharge within sixty days from the date of supply of copies under section 230. After considering the police report, accompanying documents, any examination of the accused, and hearing both sides, if the Magistrate finds the charge groundless, he shall discharge the accused with recorded reasons.⇆ CrPC s.239
- 263Framing of charge.If the Magistrate finds ground to presume the accused committed an offence triable under this Chapter and adequately punishable by him, he shall frame a written charge within sixty days from the date of first hearing on charge. The charge is then read and explained to the accused, who is asked whether he pleads guilty or claims to be tried.⇆ CrPC s.240
- 264Conviction on plea of guilty.If the accused pleads guilty after the charge is framed, the Magistrate shall record the plea. The Magistrate then has discretion to convict the accused on the basis of that plea.⇆ CrPC s.241
- 265Evidence for prosecution.If the accused refuses to plead, does not plead, claims to be tried, or is not convicted on a guilty plea, the Magistrate fixes a date for examination of witnesses, supplying the accused in advance with statements of witnesses recorded during investigation. On the fixed date, the Magistrate takes all prosecution evidence, with the option to defer cross-examination or recall witnesses; examination of witnesses may be conducted via audio-video electronic means.⇆ CrPC s.242
- 266Evidence for defence.After prosecution evidence is concluded, the accused is called upon to enter his defence and produce evidence; any written statement filed by the accused is placed on record. The Magistrate shall issue process to compel attendance of defence witnesses or production of documents unless the application is found to be vexatious, dilatory, or aimed at defeating justice (reasons to be recorded); witness examination may be conducted via audio-video electronic means. The Magistrate may require deposit of reasonable witness expenses before summoning any witness on the accused's application.⇆ CrPC s.243
- 267Evidence for prosecution.In a warrant-case instituted otherwise than on a police report, when the accused appears or is brought before the Magistrate, the Magistrate shall hear the prosecution and take all evidence produced in support of the prosecution. The Magistrate may, on the prosecution's application, issue summons to witnesses to attend or produce documents or things.⇆ CrPC s.244
- 268When accused shall be discharged.After taking all prosecution evidence in a non-police-report warrant-case, if the Magistrate considers (for recorded reasons) that no case has been made out which, if unrebutted, would warrant conviction, he shall discharge the accused. The Magistrate is also empowered to discharge the accused at any earlier stage if the charge is found groundless, with reasons recorded.⇆ CrPC s.245
- 269Procedure where accused is not discharged.If the Magistrate finds ground to presume the accused committed a triable and adequately punishable offence, he frames a written charge, reads and explains it to the accused, and asks for a plea. If the accused pleads guilty the Magistrate may convict; if not, the accused is required to indicate which prosecution witnesses he wishes to cross-examine, those witnesses are recalled for cross-examination, remaining prosecution witnesses are then examined, and if prosecution witnesses cannot be secured despite reasonable measures, the Magistrate may close prosecution evidence and proceed on the record.⇆ CrPC s.246
- 270Evidence for defence.After prosecution evidence is concluded in a non-police-report warrant-case, the accused is called upon to enter his defence and produce evidence. The provisions of section 266 (relating to defence evidence, process for witnesses, audio-video examination, and deposit of expenses) apply mutatis mutandis to such cases.⇆ CrPC s.247
- 271Acquittal or conviction.In a warrant-case tried by a Magistrate where a charge has been framed, the Magistrate must record an order of acquittal if the accused is found not guilty, or pass sentence after hearing the accused on sentence if found guilty (unless probation or admonition under ss. 364/401 is invoked). Where a previous conviction is charged and not admitted, the Magistrate may take evidence on that point only after convicting the accused under sub-section (2), and the previous conviction must not be disclosed to the accused or mentioned by the prosecution before that stage.⇆ CrPC s.248
- 272Absence of complainant.Where proceedings were instituted on complaint and the complainant is absent on a day fixed for hearing, and the offence is compoundable or non-cognizable, the Magistrate may give the complainant thirty days to appear and thereafter, in his discretion, discharge the accused before framing of charge. This power exists notwithstanding any other provision in the Chapter.⇆ CrPC s.249
- 273Compensation for accusation without reasonable cause.Where a Magistrate discharges or acquits an accused and finds there was no reasonable ground for the accusation, the Magistrate may order the complainant or informant to pay compensation to the accused up to the amount of fine the Magistrate is empowered to impose, with simple imprisonment up to thirty days in default. The order does not exempt the complainant/informant from civil or criminal liability, and any compensation paid is to be set off in any subsequent civil suit on the same matter.⇆ CrPC s.250
Chapter XXI · TRIAL OF SUMMONS-CASES BY MAGISTRATES
- 274Substance of accusation to be stated.In a summons-case, when the accused appears or is brought before the Magistrate, the particulars of the offence must be stated to the accused and the accused asked to plead guilty or state a defence; no formal charge need be framed. If the Magistrate considers the accusation groundless, the accused shall be released (with effect of discharge) after recording reasons in writing.⇆ CrPC s.251
- 275Conviction on plea of guilty.If the accused pleads guilty in a summons-case, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict the accused on that plea.⇆ CrPC s.252
- 276Conviction on plea of guilty in absence of accused in petty cases.In petty cases where a summons under section 229 has been issued, an accused who wishes to plead guilty without appearing may transmit a letter with the plea and the fine amount by post or messenger; the Magistrate may then convict and sentence the accused in absentia. Alternatively, an authorised advocate may plead guilty on behalf of the accused, whereupon the Magistrate records the plea and may convict and sentence accordingly.⇆ CrPC s.253
- 277Procedure when not convicted.If the accused is not convicted under sections 275 or 276, the Magistrate shall hear the prosecution and take all evidence produced in support of it, and also hear the accused and take all evidence produced in defence. The Magistrate may, on application by either side, summon witnesses or require production of documents, and may require deposit of reasonable witness expenses before issuing such summons.⇆ CrPC s.254
- 278Acquittal or conviction.After taking evidence under section 277 (and any further evidence the Magistrate causes to be produced of his own motion), the Magistrate shall record an order of acquittal if the accused is found not guilty, or pass sentence according to law if found guilty (unless ss. 364/401 apply). The Magistrate may convict the accused of any offence triable under this Chapter that is proved or admitted on the facts, regardless of the nature of the complaint or summons, provided the accused would not be prejudiced.⇆ CrPC s.255
- 279Non-appearance or death of complainant.In a summons-case instituted on complaint, if the complainant fails to appear on the date fixed or any adjourned date, the Magistrate shall give the complainant thirty days to appear and may thereafter acquit the accused, unless adjournment is considered proper. The Magistrate may dispense with the complainant's personal attendance if the complainant is represented by an advocate or the officer conducting prosecution, or if personal attendance is not considered necessary. These provisions apply equally where non-appearance is due to the complainant's death.⇆ CrPC s.256
- 280Withdrawal of complaint.At any time before a final order is passed in a summons-case, a complainant may apply to withdraw the complaint against the accused (or against any one or more of multiple accused) by satisfying the Magistrate that sufficient grounds exist. If the Magistrate permits withdrawal, the accused against whom the complaint is withdrawn shall be acquitted.⇆ CrPC s.257
- 281Power to stop proceedings in certain cases.In a summons-case instituted otherwise than on complaint, a first-class Magistrate (or any other Judicial Magistrate with the Chief Judicial Magistrate's prior sanction) may stop proceedings at any stage for recorded reasons without pronouncing judgment. If stopped after principal witnesses have been examined, the Magistrate shall pronounce an acquittal; otherwise the accused is released, which operates as a discharge.⇆ CrPC s.258
- 282Power of Court to convert summons-cases into warrant-cases.During the trial of a summons-case involving an offence punishable with imprisonment exceeding six months, a Magistrate may, in the interests of justice, convert the trial to a warrant-case procedure. The Magistrate may recall any previously examined witnesses and re-hear the case under the warrant-case procedure.⇆ CrPC s.259
Chapter XXII · SUMMARY TRIALS
- 283Power to try summarily.Chief Judicial Magistrates and first-class Magistrates are empowered to try specified categories of offences summarily, including petty theft, receiving stolen property, and certain other offences where property value does not exceed twenty thousand rupees. A Magistrate may also try summarily any offence not punishable with death, life imprisonment, or imprisonment exceeding three years, after giving the accused a reasonable opportunity to be heard and recording reasons in writing. If during a summary trial it appears the case is undesirable to try summarily, the Magistrate must recall witnesses and re-hear the case under the regular procedure.⇆ CrPC s.260
- 284Summary trial by Magistrate of second class.The High Court may confer on a second-class Magistrate the power to try summarily offences punishable only with fine or with imprisonment not exceeding six months (with or without fine), and any abetment of or attempt to commit such offences.⇆ CrPC s.261
- 285Procedure for summary trials.Summary trials under this Chapter follow the summons-case procedure prescribed in the Sanhita, subject to the modifications set out in the Chapter. No sentence of imprisonment exceeding three months may be passed upon conviction in a summary trial.⇆ CrPC s.262
- 286Record in summary trials.In every summary trial, the Magistrate must record specified particulars in the form directed by the State Government, including the case serial number, dates of offence and complaint, names of parties, offence charged and proved, value of property (where relevant), the accused's plea and examination, the finding, the sentence or final order, and the date proceedings ended.⇆ CrPC s.263
- 287Judgment in cases tried summarily.In a summary trial where the accused does not plead guilty, the Magistrate must record the substance of the evidence and deliver a judgment containing a brief statement of the reasons for the finding.⇆ CrPC s.264
- 288Language of record and judgment.Records and judgments in summary trials must be written in the language of the Court. The High Court may authorise a summary-trial Magistrate to have such records or judgments (or both) prepared by an officer appointed by the Chief Judicial Magistrate, provided the Magistrate signs the document so prepared.⇆ CrPC s.265
Chapter XXIII · PLEA BARGAINING
- 289Application of Chapter.The plea bargaining Chapter applies to accused persons against whom a police report has been forwarded or a Magistrate has taken cognizance on complaint, where the offence is not punishable with death, life imprisonment, or imprisonment exceeding seven years. The Chapter does not apply where the offence affects the socio-economic condition of the country or has been committed against a woman or a child; the Central Government is empowered to notify which offences affect the socio-economic condition of the country.⇆ CrPC s.265A
- 290Application for plea bargaining.An accused may apply for plea bargaining within thirty days of framing of charge, accompanied by an affidavit confirming voluntary preference and no prior conviction for the same offence. The Court examines the accused in camera to verify voluntariness and, if satisfied, grants up to sixty days to the parties to work out a mutually satisfactory disposition including victim compensation; if the application is found involuntary or the accused was previously convicted for the same offence, the Court proceeds with the regular trial from the stage the application was filed.⇆ CrPC s.265B
- 291Guidelines for mutually satisfactory disposition.Lays down the procedure for working out a mutually satisfactory disposition under the plea bargaining chapter. In police-report cases, the Court issues notice to the Public Prosecutor, investigating officer, accused, and victim; in complaint cases, notice goes to the accused and victim only. The Court must ensure throughout that the entire process is voluntary, and the accused or victim may participate with their advocate.⇆ CrPC s.265C
- 292Report of mutually satisfactory disposition to be submitted before Court.If a satisfactory disposition is reached in the meeting under section 291, the Court prepares a report signed by the presiding officer and all participants. If no disposition is reached, the Court records that observation and resumes proceedings from the stage at which the plea-bargaining application was filed.⇆ CrPC s.265D
- 293Disposal of case.Once a satisfactory disposition is worked out under section 292, the Court awards compensation to the victim and hears parties on quantum of punishment. Depending on the outcome, the Court may release the accused on probation/admonition, or sentence the accused to half (or one-fourth for first-time offenders) of the minimum prescribed punishment, or to one-fourth (or one-sixth for first-time offenders) of the maximum extendable punishment where no minimum is prescribed.⇆ CrPC s.265E
- 294Judgment of Court.The Court must deliver its judgment in terms of section 293 in open court, and the judgment must be signed by the presiding officer. This ensures transparency and formality in the plea-bargaining outcome.⇆ CrPC s.265F
- 295Finality of judgment.A judgment delivered under the plea-bargaining chapter is final and no ordinary appeal lies against it. The only remedies available are a special leave petition under Article 136 or a writ petition under Articles 226 or 227 of the Constitution.⇆ CrPC s.265G
- 296Power of Court in plea bargaining.For the purposes of discharging its functions under the plea-bargaining chapter, the Court is vested with all powers it otherwise has under the Sanhita in respect of bail, trial of offences, and other matters relating to disposal of a case.⇆ CrPC s.265H
- 297Period of detention undergone by accused to be set off against sentence of imprisonment.The set-off provision under section 468 (credit for pre-trial detention) applies equally to sentences imposed under the plea-bargaining chapter, in the same manner as it applies to imprisonment under other provisions of the Sanhita.⇆ CrPC s.265I
- 298Savings.The plea-bargaining chapter has overriding effect over any inconsistent provisions elsewhere in the Sanhita, and no other provision shall be construed to restrict the meaning of any provision of this chapter. The Explanation clarifies that 'Public Prosecutor' includes an Assistant Public Prosecutor appointed under section 19.⇆ CrPC s.265J
- 299Statements of accused not to be used.Statements or facts stated by an accused in a plea-bargaining application filed under section 290 are protected and cannot be used for any purpose other than the plea-bargaining proceedings under this chapter. This protection applies notwithstanding any other law in force.⇆ CrPC s.265K
- 300Non-application of Chapter.The plea-bargaining chapter does not apply to any juvenile or child as defined under section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Such persons are excluded entirely from the plea-bargaining mechanism.⇆ CrPC s.265L
Chapter XXIV · ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- 301Definitions.This section provides definitions for the Chapter dealing with attendance of prisoners. 'Detained' includes detention under any preventive detention law. 'Prison' includes subsidiary jails declared by the State Government and reformatories, Borstal institutions, or similar institutions.⇆ CrPC s.264
- 302Power to require attendance of prisoners.A Criminal Court may order the officer in charge of a prison to produce a confined or detained person before it for answering a charge, for proceedings against him, or for examination as a witness. Orders made by a second-class Magistrate must be countersigned by the Chief Judicial Magistrate before being acted upon. The CJM may decline to countersign after considering the statement of facts accompanying the order.⇆ CrPC s.267
- 303Power of State Government or Central Government to exclude certain persons from operation of section 302.The State Government or Central Government may, by general or special order, direct that any person or class of persons shall not be removed from prison, thereby overriding any court order made under section 302. Before making such an order, the government must consider the nature of the offence, the likelihood of public order disturbance, and the public interest generally. The exclusion order remains operative as long as it is in force.⇆ CrPC s.268
- 304Officer in charge of prison to abstain from carrying out order in certain contingencies.The officer in charge of a prison must abstain from executing a court production order under section 302 if the prisoner is unfit due to sickness or infirmity, is under committal or remand, would be in custody for a period expiring before compliance is complete, or is covered by a government exclusion order under section 303. The officer must send the court a statement of reasons for abstaining. However, the officer cannot abstain on the ground of remand alone if the prisoner's evidence is required at a place within twenty-five kilometres of the prison.⇆ CrPC s.269
- 305Prisoner to be brought to Court in custody.Subject to section 304, once a duly countersigned production order under section 302 is delivered, the officer in charge of the prison must cause the named person to be taken to the court at the time specified in the order. The person must be kept in custody in or near the court until examined or until the court authorises his return to prison.⇆ CrPC s.270
- 306Power to issue commission for examination of witness in prison.This section clarifies that the provisions of this Chapter do not affect the court's power to issue a commission under section 319 for examination of a person confined or detained in prison as a witness. The provisions of Part B of Chapter XXV governing examination on commission apply equally to such persons in prison.⇆ CrPC s.271
Chapter XXV · EVIDENCE IN INQUIRIES AND TRIALS
- 307Language of Courts.The State Government has the power to determine the language to be used by each court within the State (other than the High Court) for the purposes of this Sanhita.⇆ CrPC s.272
- 308Evidence to be taken in presence of accused.As a general rule, all evidence taken during a trial or other proceeding must be taken in the presence of the accused, or in the presence of his advocate (including through audio-video electronic means) when personal attendance is dispensed with. A special provision allows the court to take appropriate measures to ensure that a woman below eighteen years alleged to have been subjected to rape or a sexual offence is not confronted by the accused while preserving the accused's right of cross-examination. The term 'accused' includes persons against whom proceedings under Chapter IX have been commenced.⇆ CrPC s.273
- 309Record in summons-cases and inquiries.In summons-cases tried before a Magistrate, in inquiries under sections 164 to 167, and in proceedings under section 491 outside a trial, the Magistrate must make a memorandum of the substance of each witness's evidence in the court's language as examination proceeds. If the Magistrate is unable to do so personally, he must record the reason and cause the memorandum to be made in writing or by dictation in open court. The memorandum must be signed by the Magistrate and forms part of the record.⇆ CrPC s.274
- 310Record in warrant-cases.In warrant-cases tried before a Magistrate, the evidence of each witness must be taken down in writing by the Magistrate himself, by his dictation in open court, or, where he is incapacitated, under his direction and superintendence by an appointed court officer; evidence may also be recorded by audio-video electronic means in the presence of the accused's advocate. Where the Magistrate causes evidence to be taken down by another, he must certify the reason. Evidence is ordinarily recorded in narrative form, though the Magistrate may use question-and-answer form for any part; the record must be signed by the Magistrate and forms part of the record.⇆ CrPC s.275
- 311Record in trial before Court of Session.In all Sessions Court trials, evidence of each witness must be recorded in writing as examination proceeds, either by the presiding Judge personally or by dictation in open Court, or under his direction by an appointed Court officer. Evidence is ordinarily recorded in narrative form, though the Judge may record any part in question-and-answer form at his discretion. The recorded evidence must be signed by the presiding Judge and forms part of the record.⇆ CrPC s.276
- 312Language of record of evidence.Evidence taken down under sections 310 or 311 must be recorded in the language of the Court if the witness gives evidence in that language; if in another language, it may be taken down in that language if practicable, with a true translation in the Court's language prepared simultaneously and signed by the Magistrate or presiding Judge. Where evidence is taken in a language other than the Court's language, a true translation into the Court's language must be prepared as soon as practicable. The proviso allows dispensing with translation when evidence is taken in English and no party requires a translation into the Court's language.⇆ CrPC s.277
- 313Procedure in regard to such evidence when completed.Upon completion of each witness's evidence recorded under sections 310 or 311, it must be read over to the witness in the presence of the accused or his advocate and corrected if necessary. If the witness disputes any part, the Magistrate or presiding Judge may record a memorandum of the objection with remarks instead of correcting the evidence. Where the record is in a language the witness does not understand, it must be interpreted to him in a language he understands.⇆ CrPC s.278
- 314Interpretation of evidence to accused or his advocate.When evidence is given in a language not understood by the accused who is personally present, it must be interpreted to him in open Court in a language he understands. Where the accused appears through an advocate and evidence is given in a language other than the Court's language that the advocate does not understand, it must be interpreted to the advocate. For documents put in for formal proof, the Court has discretion to interpret only as much as appears necessary.⇆ CrPC s.279
- 315Remarks respecting demeanour of witness.After recording a witness's evidence, the presiding Judge or Magistrate must also record any remarks he considers material regarding the demeanour of the witness during examination. This is a mandatory obligation whenever such remarks are considered material.⇆ CrPC s.280
- 316Record of examination of accused.When an accused is examined by a Magistrate or Court of Session, the entire examination including every question and answer must be recorded in full by the presiding Judge or Magistrate personally, or under his direction by an appointed Court officer if he is physically or otherwise incapacitated. The record must be shown or read to the accused, interpreted if necessary, and the accused is at liberty to explain or add to his answers; it must then be signed by both the accused and the Magistrate or presiding Judge who certifies it as a full and true account. Where the accused is in custody and examined through electronic communication, his signature must be obtained within seventy-two hours; this section does not apply to summary trials.⇆ CrPC s.281
- 317Interpreter to be bound to interpret truthfullyAny interpreter engaged by a Criminal Court for interpreting evidence or statements is legally bound to state the true interpretation of such evidence or statement. This imposes a duty of truthful and accurate interpretation on the interpreter.⇆ CrPC s.282
- 318Record in High Court.Every High Court may prescribe by general rule the manner in which evidence of witnesses and examination of the accused shall be recorded in cases coming before it. Evidence and examination in High Court proceedings must be taken down in accordance with such rules as the High Court may frame.⇆ CrPC s.283
- 319When attendance of witness may be dispensed with and commission issued.A Court or Magistrate may dispense with a witness's attendance and issue a commission for examination when such examination is necessary for the ends of justice but procuring attendance would involve unreasonable delay, expense, or inconvenience. A commission is mandatory when the witness to be examined is the President or Vice-President of India, a Governor of a State, or an Administrator of a Union territory. When issuing a commission for a prosecution witness, the Court may direct the prosecution to pay a reasonable amount to cover the accused's expenses including advocate's fees.⇆ CrPC s.284
- 320Commission to whom to be issued.A commission for examination of a witness within the territories to which the BNSS extends must be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is found. If the witness is in India but in a State or area to which the BNSS does not extend, the commission is directed to such Court or officer as the Central Government may notify. If the witness is outside India and arrangements exist between the Central Government and the foreign government for taking evidence in criminal matters, the commission is issued in the prescribed form, directed to the notified Court or officer, and transmitted through the prescribed authority.⇆ CrPC s.285
- 321Execution of commissions.Upon receiving a commission, the Chief Judicial Magistrate (or a Magistrate appointed by him) shall either summon the witness before him or proceed to the witness's location, and shall record the evidence in the same manner as in warrant-case trials, exercising the same powers for that purpose.⇆ CrPC s.276
- 322Parties may examine witnesses.Parties to a proceeding in which a commission is issued may forward written interrogatories, which the executing Magistrate, Court, or officer may use to examine the witness. Any party may also appear through an advocate (or in person if not in custody) to examine, cross-examine, and re-examine the witness.⇆ CrPC s.277
- 323Return of commission.After execution, the commission and the depositions taken thereunder must be returned to the issuing Court or Magistrate, kept open for inspection by parties, and may be read in evidence subject to just exceptions, forming part of the record. Such depositions may also be received in evidence at a subsequent stage before another Court if they satisfy the conditions under section 27 of the Bharatiya Sakshya Adhiniyam, 2023.⇆ CrPC s.278
- 324Adjournment of proceeding.Where a commission is issued under section 319, the inquiry, trial, or other proceeding may be adjourned for a specified time that is reasonably sufficient for the execution and return of the commission.⇆ CrPC s.279
- 325Execution of foreign commissions.The provisions governing execution and return of commissions (sections 321–323) apply equally to commissions issued by Courts, Judges, or Magistrates in areas of India where this Sanhita does not extend (as notified by the Central Government), and to those in foreign countries or places notified by the Central Government that have authority to issue commissions for examination of witnesses in criminal matters.⇆ CrPC s.284
- 326Deposition of medical witness.The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused or taken on commission, may be given in evidence without calling the deponent as a witness. However, the Court may, and shall on application by either party, summon and examine such deponent on the subject-matter of the deposition.⇆ CrPC s.291
- 327Identification report of Magistrate.An identification report signed by an Executive Magistrate regarding a person or property may be used as evidence in any inquiry, trial, or proceeding without calling the Magistrate as a witness, subject to the proviso that statements within the report governed by specified sections of the Bharatiya Sakshya Adhiniyam, 2023 must comply with those provisions. The Court may, and shall on application, summon and examine the Magistrate on the subject-matter of the report.⇆ CrPC s.291A
- 328Evidence of officers of Mint.Reports by gazetted officers of the Mint, Note Printing Press, Security Printing Press, Forensic Departments, Forensic Science Laboratories, or Government/State Examiners of Questioned Documents on matters submitted to them in the course of proceedings may be used as evidence without calling the officer as a witness. The Court may summon such officer, but cannot require production of underlying records; disclosure of evidence from unpublished official records or the nature of tests applied requires permission from the relevant head of the organisation.⇆ CrPC s.292
- 329Reports of certain Government scientific experts.Reports by specified Government scientific experts on matters submitted to them for examination or analysis in the course of proceedings may be used as evidence without formal proof. The Court may summon such an expert, who may depute a responsible and conversant officer to attend in his place if he cannot personally appear (unless the Court directs personal attendance). The section lists the categories of experts to whom it applies, including Chemical Examiners, the Chief Controller of Explosives, Directors of Finger Print Bureaus and Forensic Science Laboratories, the Serologist to the Government, and others notified by the State or Central Government.⇆ CrPC s.293
- 330No formal proof of certain documents.When documents are filed by the prosecution or accused, the parties or their advocates must admit or deny the genuineness of each document within thirty days of supply (extendable by the Court for recorded reasons), and no expert need be called unless the expert's report is disputed. Where genuineness is not disputed, the document may be read in evidence without proof of signature, though the Court retains discretion to require such proof.⇆ CrPC s.294
- 331Affidavit in proof of conduct of public servants.When an application is made to a Court during any inquiry, trial or other proceeding and allegations are made against a public servant, the applicant may prove the alleged facts by affidavit. The Court has discretion to order that evidence relating to such facts be given in affidavit form.⇆ CrPC s.295
- 332Evidence of formal character on affidavit.Evidence of a formal character may be given by affidavit and read in evidence in any inquiry, trial or other proceeding, subject to just exceptions. The Court may, and shall on application by the prosecution or accused, summon and examine the deponent on the facts in the affidavit.⇆ CrPC s.296
- 333Authorities before whom affidavits may be sworn.Affidavits used before any Court under the Sanhita may be sworn or affirmed before a Judge, Judicial or Executive Magistrate, a Commissioner of Oaths appointed by a High Court or Court of Session, or a notary under the Notaries Act 1952. Affidavits must separately state facts within the deponent's own knowledge and facts believed on reasonable grounds, with grounds of belief clearly stated. The Court may strike out or amend scandalous or irrelevant matter.⇆ CrPC s.297
- 334Previous conviction or acquittal how proved.A previous conviction or acquittal may be proved in any inquiry, trial or proceeding by a certified extract of the sentence or order from the court's records, or in the case of conviction, by a jail certificate or warrant of commitment, together with evidence of identity of the accused with the person convicted or acquitted.⇆ CrPC s.298
- 335Record of evidence in absence of accused.Where an accused has absconded and there is no immediate prospect of arrest, the competent Court may examine prosecution witnesses in his absence and record their depositions; such depositions may be used against him on arrest if the deponent is dead, incapable, cannot be found, or cannot be produced without unreasonable delay or expense. Where an offence punishable with death or imprisonment for life is committed by unknown persons, the High Court or Sessions Judge may direct a First Class Magistrate to hold an inquiry and record depositions, which may be used against any person subsequently accused if the deponent is dead, incapable, or beyond India.⇆ CrPC s.299
- 336Evidence of public servants, experts, police officers in certain cases.Where a document or report prepared by a public servant, scientific expert or medical officer is to be used as evidence and that person is transferred, retired, dead, cannot be found, is incapable of deposing, or whose presence would cause delay, the Court shall secure the presence of the successor officer holding that post to depose on the document or report. No such officer need appear unless the report is disputed by a party, and the successor's deposition may be taken through audio-video electronic means.
Chapter XXVI · GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- 337Person once convicted or acquitted not to be tried for same offence.A person once tried by a competent Court and convicted or acquitted cannot be tried again for the same offence or on the same facts for any other offence for which a different charge could have been made, while the conviction or acquittal remains in force. Exceptions exist for distinct offences (with State Government consent), offences whose consequences were unknown at the time of the first trial, offences beyond the jurisdiction of the first Court, and cases of discharge under section 281 (with court consent). Dismissal of a complaint or discharge of the accused does not constitute an acquittal for this section.⇆ CrPC s.300
- 338Appearance by Public Prosecutors.A Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead before any Court without a written authority. Where a private person instructs an advocate to prosecute, the Public Prosecutor or Assistant Public Prosecutor shall conduct the prosecution and the private advocate shall act under their directions, and may with the Court's permission submit written arguments after evidence is closed.⇆ CrPC s.301
- 339Permission to conduct prosecution.A Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; persons other than the Advocate-General, Government Advocate, Public Prosecutor or Assistant Public Prosecutor require such permission. A police officer who participated in the investigation into the offence shall not be permitted to conduct the prosecution. The person conducting the prosecution may do so personally or through an advocate.⇆ CrPC s.302
- 340Right of person against whom proceedings are instituted to be defended.Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Sanhita, has the right to be defended by an advocate of their own choice.⇆ CrPC s.303
- 341Legal aid to accused at State expense in certain cases.Where an accused in a trial or appeal before a Court is unrepresented and lacks sufficient means to engage an advocate, the Court shall assign a State-funded advocate for his defence. The High Court may, with prior State Government approval, frame rules on selection, facilities, and fees for such advocates. The State Government may by notification extend these provisions to classes of trials before courts other than Courts of Session.⇆ CrPC s.304
- 342Procedure when corporation or registered society is an accused.A corporation accused in an inquiry or trial may appoint a representative (without requiring the corporate seal) to appear on its behalf, and all procedural requirements relating to the presence, examination, or explanation of matters to the accused shall apply to that representative. Where no representative appears, such requirements do not apply. The Court may determine any dispute as to whether a person is or is not the duly appointed representative.⇆ CrPC s.305
- 343Tender of pardon to accomplice.A Chief Judicial Magistrate or a first-class Magistrate may, at any stage of investigation, inquiry, or trial, tender a pardon to a person believed to be concerned in an offence triable exclusively by the Court of Session or punishable with imprisonment up to seven years or more, on condition of full and true disclosure. The Magistrate must record reasons and whether the tender was accepted; a person accepting the pardon is examined as a witness and kept in custody until trial concludes. Upon acceptance and examination, the Magistrate commits the case to the appropriate court without further inquiry.⇆ CrPC s.306
- 344Power to direct tender of pardon.After a case has been committed to a court but before judgment is passed, the court to which commitment is made may tender a pardon to any person believed to be directly or indirectly concerned in the offence, on the same conditions as under section 343, with a view to obtaining that person's evidence at trial.⇆ CrPC s.307
- 345Trial of person not complying with conditions of pardon.Where the Public Prosecutor certifies that a person who accepted a pardon under section 343 or 344 has wilfully concealed material facts or given false evidence, that person may be tried for the original offence or any connected offence, and also for giving false evidence (the latter only with High Court sanction). The accused may plead compliance with pardon conditions, and if the court finds compliance established, it must acquit the accused notwithstanding any other provision. Prior statements recorded under section 183 or section 343(4) are admissible against the accused at such trial.⇆ CrPC s.308
- 346Power to postpone or adjourn proceedings.Inquiries and trials must proceed on a day-to-day basis until all attending witnesses are examined; adjournments beyond the following day require recorded reasons, and for specified sexual offences under the Bharatiya Nyaya Sanhita 2023 the trial must be completed within two months of chargesheet filing. Adjournments may be granted only for reasons beyond a party's control, with a maximum of two such adjournments, and an advocate's engagement in another court is not a valid ground; remand in custody under this section cannot exceed fifteen days at a time. Courts may record a present witness's statement if a party or advocate is absent or unprepared, and costs may be imposed as a condition of adjournment.⇆ CrPC s.309
- 347Local inspection.Any Judge or Magistrate may, at any stage of an inquiry, trial, or proceeding, visit and inspect the scene of the alleged offence or any other relevant place after giving due notice to the parties, and must promptly record a memorandum of relevant facts observed. The memorandum forms part of the case record, and free copies must be furnished to any party who requests one.⇆ CrPC s.310
- 348Power to summon material witness, or examine person present.Any Court may at any stage of an inquiry, trial, or proceeding summon any person as a witness, examine any person present though not summoned, or re-call and re-examine any previously examined person. The Court is obliged to summon, examine, or re-call any such person if their evidence appears essential to the just decision of the case.⇆ CrPC s.311
- 349Power of Magistrate to order person to give specimen signatures or handwriting, etc.A first-class Magistrate, if satisfied it is expedient for any investigation or proceeding, may order any person (including an accused) to give specimen signatures, finger impressions, handwriting, or voice samples at a specified time and place. Ordinarily such an order requires that the person has at some time been arrested in connection with the investigation, but the Magistrate may, for recorded reasons, order a non-arrested person to provide such specimens.⇆ CrPC s.311A
- 350Expenses of complainants and witnesses.Any Criminal Court may, subject to State Government rules, order the Government to pay the reasonable expenses of a complainant or witness who attends for the purposes of any inquiry, trial, or other proceeding before it under the Sanhita.⇆ CrPC s.312
- 351Power to examine accused.The Court may at any stage put questions to the accused to enable him to explain circumstances appearing in evidence against him, and must question him generally after prosecution witnesses are examined and before he is called for defence. No oath is administered during such examination, and the accused cannot be punished for refusing to answer or giving false answers. Answers given may be used in evidence for or against the accused in the same or other proceedings.⇆ CrPC s.313
- 352Oral arguments and memorandum of arguments.Any party may address concise oral arguments after closing evidence and may submit a written memorandum of arguments, which forms part of the record. A copy of the memorandum must be simultaneously furnished to the opposite party. Adjournments for filing written arguments are not to be granted unless the Court records reasons in writing, and the Court may regulate oral arguments if they are not concise or relevant.⇆ CrPC s.314
- 353Accused person to be competent witness.An accused person is a competent witness for the defence and may give evidence on oath in disproof of charges, but only on his own written request; his failure to give evidence cannot be commented upon or give rise to any presumption against him or co-accused. Persons against whom proceedings are instituted under specified sections (including maintenance, security for peace, and related chapters) may also offer themselves as witnesses. In proceedings under sections 127, 128, or 129, failure to give evidence similarly cannot be commented upon or raise any presumption.⇆ CrPC s.315
- 354No influence to be used to induce disclosure.Except as provided under sections 343 and 344 (relating to examination of accused and tender of pardon), no influence by promise, threat, or otherwise shall be used to induce an accused person to disclose or withhold any matter within his knowledge. This is an absolute prohibition protecting the accused from coercion during proceedings.⇆ CrPC s.316
- 355Provision for inquiries and trial being held in absence of accused in certain cases.At any stage of inquiry or trial, if the Judge or Magistrate is satisfied that the personal attendance of the accused is not necessary in the interests of justice, or that the accused persistently disturbs proceedings, and the accused is represented by an advocate, the Court may dispense with his attendance and proceed in his absence. If the accused is not represented by an advocate, or if personal attendance is considered necessary, the Court may adjourn or order a separate trial. Personal attendance includes attendance through audio-video electronic means.⇆ CrPC s.317
- 356Inquiry, trial or judgment in absentia of proclaimed offender.Where a person declared a proclaimed offender has absconded to evade trial with no immediate prospect of arrest, the Court may, after recording reasons, proceed with trial in absentia treating the abscondence as a waiver of the right to be present, provided ninety days have elapsed from framing of charge and specified procedural safeguards (two warrants, newspaper publication, notice to relatives, affixation at residence) have been complied with. The proclaimed offender must be provided State-funded counsel if unrepresented, and depositions recorded in his absence are admissible; if he appears during trial, the Court may allow him to examine evidence taken in his absence. No appeal lies against the judgment unless the proclaimed offender presents himself before the appellate court, and no appeal against conviction lies after three years from the date of judgment.
- 357Procedure where accused does not understand proceedings.Where an accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial. If a court other than the High Court convicts such an accused, the proceedings must be forwarded to the High Court with a report of the circumstances, and the High Court shall pass such order as it thinks fit.⇆ CrPC s.318
- 358Power to proceed against other persons appearing to be guilty of offence.During an inquiry or trial, if evidence reveals that a person not before the Court as accused has committed an offence for which he could be tried together with the accused, the Court may proceed against such person. The person may be arrested or summoned if not present, or detained if already attending Court. Proceedings against such person must commence afresh with witnesses re-heard, and the case proceeds as if such person had been an accused from the time the Court took cognizance.⇆ CrPC s.319
- 359Compounding of offences.Specified offences under the Bharatiya Nyaya Sanhita 2023 listed in the Tables may be compounded by the persons mentioned therein, either without Court permission (Table 1) or only with Court permission (Table 2). Abetment of or attempt to commit a compoundable offence may also be compounded in like manner. Where the person competent to compound is a child, of unsound mind, or dead, a guardian or legal representative may compound with Court permission or consent respectively; and where the accused has been committed for trial or an appeal is pending, composition requires leave of the relevant Court.⇆ CrPC s.320
- 360Withdrawal from prosecution.The Public Prosecutor or Assistant Public Prosecutor may, with the Court's consent, withdraw from prosecution of any person at any time before judgment, either generally or for specific offences; withdrawal before charge results in discharge, and after charge results in acquittal. Where the offence relates to Union subjects, Central Government property, or Central Government servants, withdrawal requires prior permission of the Central Government if the Prosecutor was not appointed by it. The Court must give the victim an opportunity of being heard before according consent to withdrawal.⇆ CrPC s.321
- 361Procedure in cases which Magistrate cannot dispose of.When a Magistrate conducting an inquiry or trial finds that he lacks jurisdiction, or that the case should be tried by another Magistrate or the Chief Judicial Magistrate, he shall stay proceedings and submit the case with a brief report to the CJM or such other Magistrate as directed. The receiving Magistrate may try the case himself, refer it to a subordinate Magistrate with jurisdiction, or commit the accused for trial.⇆ CrPC s.322
- 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.If at any stage of an inquiry or trial before a Magistrate, before signing the judgment, it appears that the case ought to be tried by the Court of Session, the Magistrate shall commit it to that Court. Upon such commitment, the provisions of Chapter XIX of the BNSS apply.⇆ CrPC s.323
- 363Trial of persons previously convicted of offences against coinage, stamp-law or property.Where a person previously convicted of an offence under Chapter X or Chapter XVII of the BNS 2023 (punishable with three years or more) is again accused of a similar offence, the Magistrate shall send the accused for trial to the CJM or commit to the Court of Session, unless the Magistrate is competent to try the case and can pass an adequate sentence. Any co-accused in the same inquiry or trial shall be similarly sent or committed, unless discharged under section 262 or 268.⇆ CrPC s.324
- 364Procedure when Magistrate cannot pass sentence sufficiently severe.After hearing prosecution and defence evidence, if a Magistrate finds the accused guilty but considers that the punishment warranted is beyond his sentencing powers, or that a bond under section 125 should be required (in the case of a second-class Magistrate), he shall record his opinion and forward the accused along with proceedings to the Chief Judicial Magistrate. Where multiple accused are being tried together, all those found guilty shall be forwarded. The CJM may examine parties, recall witnesses, take further evidence, and pass such judgment, sentence or order as is fit and lawful.⇆ CrPC s.325
- 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.A succeeding Judge or Magistrate who takes over a case may act on evidence already recorded by the predecessor, or on evidence partly recorded by the predecessor and partly by himself; if further examination of witnesses is necessary in the interests of justice, the succeeding Judge or Magistrate may re-summon them. A transfer of a case under the Sanhita causes the transferring Judge or Magistrate to be deemed to have ceased jurisdiction and the receiving one to have succeeded. This section does not apply to summary trials, cases stayed under section 361, or cases submitted to a superior Magistrate under section 364.⇆ CrPC s.326
- 366Court to be open.Criminal Courts are deemed open courts to which the public generally may have access, subject to the presiding Judge or Magistrate's power to exclude the public or any particular person at any stage. Inquiries and trials for rape and specified sexual offences under the BNS 2023 and the POCSO Act 2012 must be conducted in camera, preferably by a woman Judge or Magistrate, and no person may print or publish any matter relating to such proceedings without prior court permission, though the ban on publication of rape trial proceedings may be lifted subject to maintaining confidentiality of the parties' names and addresses.⇆ CrPC s.327
Chapter XXVII · PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- 367Procedure in case of accused being person of unsound mind.When a Magistrate holding an inquiry has reason to believe the accused is of unsound mind and incapable of making a defence, the Magistrate shall inquire into the fact, cause examination by the civil surgeon (who may refer to a psychiatrist or clinical psychologist), and record the examination. If the accused is found to be of unsound mind and incapable of entering defence, the Magistrate shall record a finding, examine prosecution evidence, and either discharge the accused (if no prima facie case) or postpone proceedings for the period required for treatment; if the accused is found to have an intellectual disability rendering him incapable of defence, the Magistrate shall order closure of the inquiry. An aggrieved accused may appeal the psychiatric/clinical psychologist's finding to a Medical Board.⇆ CrPC s.328
- 368Procedure in case of person of unsound mind tried before Court.During trial before a Magistrate or Court of Session, if it appears the accused is of unsound mind and incapable of making a defence, the court shall first try that fact and, if satisfied, record a finding and postpone further proceedings. The accused is referred to a psychiatrist or clinical psychologist; if found of unsound mind and incapable of defence, the court examines prosecution evidence and either discharges the accused (no prima facie case) or postpones trial for the treatment period. If the accused is found incapable of defence due to intellectual disability and a prima facie case exists, the court shall not hold the trial and shall deal with the accused under section 369.⇆ CrPC s.329
- 369Release of person of unsound mind pending investigation or trial.When an accused is found incapable of entering defence due to unsoundness of mind or intellectual disability under sections 367 or 368, the Magistrate or Court shall order release on bail if the condition does not require in-patient treatment and a friend or relative undertakes to obtain out-patient treatment and prevent harm. If bail cannot be granted or no undertaking is given, the accused shall be kept in a place providing regular psychiatric treatment, with a report to the State Government; detention in a public mental health establishment must comply with State Government rules under the Mental Healthcare Act 2017. The court shall further determine, considering the nature of the act and extent of disability, whether release can be ordered, with options including conditional discharge with security or transfer to a residential facility.⇆ CrPC s.330
- 370Resumption of inquiry or trial.After an inquiry or trial has been postponed under sections 367 or 368, the Magistrate or Court may resume it at any time after the accused has ceased to be of unsound mind, and may require the accused to appear or be produced. Where the accused was released on bail under section 369 and sureties produce him before the appointed officer, that officer's certificate that the accused is capable of making his defence is receivable in evidence.⇆ CrPC s.331
- 371Procedure on accused appearing before Magistrate or Court.When an accused who was previously found incapable of making their defence reappears before the Magistrate or Court, the court assesses their current capacity. If found capable, the inquiry or trial proceeds; if still incapable, the court follows the procedures under sections 367, 368, or 369 as applicable.⇆ CrPC s.329
- 372When accused appears to have been of sound mind.Where an accused appears to be of sound mind at the time of inquiry or trial, but evidence suggests they committed the act while incapable of knowing its nature or wrongfulness due to unsoundness of mind, the Magistrate shall proceed with the case. If the accused ought to be tried by the Court of Session, the Magistrate shall commit them for trial before that court.⇆ CrPC s.330
- 373Judgment of acquittal on ground of unsoundness of mind.When a person is acquitted on the ground of unsoundness of mind rendering them incapable of knowing the nature of the act or that it was wrong or contrary to law, the finding must specifically state whether the accused committed the act or not.⇆ CrPC s.331
- 374Person acquitted on ground of unsoundness of mind to be detained in safe custody.Where the finding states that the accused committed the act but was incapable due to unsoundness of mind, the Magistrate or Court may order detention in safe custody or delivery to a relative or friend on sufficient security. Detention in a public mental health establishment must comply with rules under the Mental Healthcare Act, 2017, and delivery to a relative or friend requires their application and security. The Magistrate or Court must report the action taken to the State Government.⇆ CrPC s.332
- 375Power of State Government to empower officer in charge to discharge.The State Government may empower the officer in charge of a jail where a person is confined under section 369 or section 374 to discharge all or any functions of the Inspector-General of Prisons as prescribed under sections 376 or 377.⇆ CrPC s.333
- 376Procedure where prisoner of unsound mind is reported capable of making his defence.Where a person detained under section 369(2) is certified by the Inspector-General of Prisons (for jail detainees) or the Mental Health Review Board (for mental health establishment detainees) as capable of making their defence, they shall be brought before the Magistrate or Court, which shall then deal with them under section 371. Such certificate is receivable as evidence.⇆ CrPC s.334
- 377Procedure where person of unsound mind detained is declared fit to be released.If a person detained under section 369(2) or section 374 is certified by the Inspector-General or visitors as fit to be released without danger of injury to themselves or others, the State Government may order release, continued detention, or transfer to a public mental health establishment. In the last case, a Commission of one Judicial and two medical officers may be appointed to formally inquire into the person's state of mind and report to the State Government, which then orders release or detention.⇆ CrPC s.335
- 378Delivery of person of unsound mind to care of relative or friend.A relative or friend may apply to the State Government for custody of a person detained under section 369 or section 374, upon giving security for proper care, prevention of injury, production for inspection, and (where applicable) production before the Magistrate or Court. If the detained person is an accused whose trial was postponed due to unsoundness of mind and is later certified capable of making their defence, the relative or friend must produce them before the Magistrate or Court, which then proceeds under section 371.⇆ CrPC s.336
Chapter XXVIII · PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- 379Procedure in cases mentioned in section 215.When a Court is of the opinion that it is expedient in the interests of justice to inquire into an offence referred to in section 215(1)(b) that appears to have been committed in or in relation to a proceeding before it, the Court may record a finding, make a written complaint, send it to a first-class Magistrate with jurisdiction, secure the accused's appearance or send them in custody, and bind over witnesses. A superior court may exercise this power where the lower court has neither made nor rejected such a complaint. The complaint must be signed by the presiding officer or an authorised officer.⇆ CrPC s.340
- 380Appeal.A person aggrieved by a refusal to make a complaint under section 379, or against whom such a complaint has been made by a court other than the High Court, may appeal to the superior court. The superior court may, after notice to parties, direct withdrawal of the complaint or direct that the complaint be made, and its order (as well as the original order under section 379) is final and not subject to revision.⇆ CrPC s.341
- 381Power to order costs.Any Court dealing with an application to file a complaint under section 379 or an appeal under section 380 has the power to make such order as to costs as may be just. This is a discretionary power vested in the Court to award costs in proceedings related to false evidence or fabricated evidence complaints.⇆ CrPC s.342
- 382Procedure of Magistrate taking cognizance.A Magistrate taking cognizance of a complaint under section 379 or 380 shall proceed as if the case were instituted on a police report, notwithstanding Chapter XVI provisions. If an appeal is pending against the judicial proceeding out of which the matter arose, the Magistrate may adjourn the hearing until the appeal is decided.⇆ CrPC s.343
- 383Summary procedure for trial for giving false evidence.A Court of Session or First Class Magistrate, at the time of delivering judgment or final order, may summarily try a witness who is found to have knowingly or wilfully given or fabricated false evidence in that proceeding. The Court must give the offender a reasonable opportunity to show cause before sentencing, and the sentence may extend to three months imprisonment, or fine up to one thousand rupees, or both. If an appeal or revision is filed against the judgment in which the opinion was expressed, the Court must stay the summary trial until disposal of such appeal or revision.⇆ CrPC s.344
- 384Procedure in certain cases of contempt.When offences described in sections 210, 213, 214, 215, or 267 of the Bharatiya Nyaya Sanhita 2023 are committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may detain the offender and, before the rising of the Court on the same day, take cognizance and sentence the offender to a fine not exceeding one thousand rupees, and in default of payment, to simple imprisonment up to one month. The Court must record the facts constituting the offence, the offender's statement, and the finding and sentence; if the offence is under section 267 BNS, the record must also show the nature and stage of the judicial proceeding and the nature of the interruption or insult.⇆ CrPC s.345
- 385Procedure where Court considers that case should not be dealt with under section 384.Where a Court considers that a person accused of offences under section 384 should be imprisoned otherwise than in default of fine, or that a fine exceeding two hundred rupees should be imposed, or for any other reason the case should not be disposed of under section 384, the Court shall record the facts and the accused's statement and forward the case to a competent Magistrate. The Court may require security for the accused's appearance before the Magistrate, or if sufficient security is not given, shall forward the accused in custody; the Magistrate shall then deal with the case as if instituted on a police report.⇆ CrPC s.346
- 386When Registrar or Sub-Registrar to be deemed a Civil Court.When directed by the State Government, any Registrar or Sub-Registrar appointed under the Registration Act, 1908 shall be deemed to be a Civil Court for the purposes of sections 384 and 385. This extends the contempt-in-presence summary procedure to registration authorities.⇆ CrPC s.347
- 387Discharge of offender on submission of apology.Where a Court has adjudged an offender to punishment under section 384 or forwarded him to a Magistrate under section 385 for refusing or omitting to do something lawfully required, or for intentional insult or interruption, the Court has discretion to discharge the offender or remit the punishment upon the offender's submission to the Court's order or requisition, or upon a satisfactory apology.⇆ CrPC s.348
- 388Imprisonment or committal of person refusing to answer or produce document.If a witness or person called to produce a document or thing before a Criminal Court refuses to answer questions or produce the required document or thing, and offers no reasonable excuse after being given a reasonable opportunity, the Court may record reasons in writing and sentence the person to simple imprisonment or commit them to the custody of a Court officer for up to seven days. If the person persists in refusal, the Court may deal with them under section 384 or section 385.⇆ CrPC s.349
- 389Summary procedure for punishment for non-attendance by a witness in obedience to summons.If a witness summoned before a Criminal Court, being legally bound to appear, neglects or refuses to attend at the specified place and time without just excuse, or departs before the lawful time, the Court may summarily try the offence and sentence the witness to a fine not exceeding five hundred rupees. The Court must follow the procedure prescribed for summary trials as nearly as practicable.⇆ CrPC s.350
- 390Appeals from convictions under sections 383, 384, 388 and 389.Any person sentenced by a Court other than a High Court under sections 383, 384, 388, or 389 may appeal to the Court to which decrees or orders of such Court are ordinarily appealable, and Chapter XXXI appeal provisions apply. Appeals from convictions by a Court of Small Causes lie to the Court of Session for the relevant sessions division, and appeals from convictions by a Registrar or Sub-Registrar deemed a Civil Court under section 386 also lie to the Court of Session for the sessions division where their office is situated.⇆ CrPC s.351
Chapter XXIX · THE JUDGMENT
- 391Certain Judges and Magistrates not to try certain offences when committed before themselves.No Judge of a Criminal Court (other than a High Court Judge) or Magistrate shall try any person for an offence under section 215 (offences against public justice/contempt of court authority) when that offence was committed before the Judge or Magistrate himself, or in contempt of his authority, or came to his notice in the course of judicial proceedings. Exceptions are carved out for sections 383, 384, 388 and 389 of the BNSS.⇆ CrPC s.352
- 392Judgment.Every judgment in a Criminal Court of original jurisdiction must be pronounced in open Court by the presiding officer either immediately after trial concludes or within 45 days thereafter, by delivering, reading out, or summarising the operative part of the judgment. The accused in custody must be brought to hear the judgment in person or via audio-video means, and a copy of the judgment must be made available free of cost to parties, with upload to the court portal within seven days as far as practicable.⇆ CrPC s.353
- 393Language and contents of judgment.Every judgment must be written in the language of the Court and must contain the points for determination, the decision and reasons, the offence and section under which the accused is convicted, and the punishment imposed; an acquittal judgment must direct the accused be set at liberty. Where conviction is for an offence punishable with death or imprisonment for life, the judgment must state reasons for the sentence, and special reasons in case of a death sentence. Where a sentence of imprisonment for less than three months is imposed for an offence carrying one year or more, reasons must be recorded.⇆ CrPC s.354
- 394Order for notifying address of previously convicted offender.When a person previously convicted of an offence punishable with imprisonment of three years or more is again convicted of a similar offence by a Court other than a second-class Magistrate's Court, the Court may order that the convict notify his residence and any change thereof or absence therefrom for up to five years after release. The order becomes void if the conviction is set aside on appeal, and the State Government may frame rules prescribing punishment for breach of such notification requirements.⇆ CrPC s.356
- 395Order to pay compensation.When a Court imposes a sentence involving a fine, it may direct that the fine recovered be applied towards prosecution expenses, compensation to victims for loss or injury, compensation to dependants under the Fatal Accidents Act in death cases, or compensation to bona fide purchasers of stolen property. Where fine does not form part of the sentence, the Court may still order the accused to pay a specified amount as compensation to the person who suffered loss or injury; any such compensation paid must be taken into account in subsequent civil proceedings on the same matter.⇆ CrPC s.357
- 396Victim compensation scheme.Every State Government, in coordination with the Central Government, must prepare a scheme to provide compensation funds for victims or their dependants who have suffered loss or injury due to crime and require rehabilitation. The District or State Legal Services Authority decides the quantum of compensation on a court recommendation, and must complete the enquiry within two months; interim relief including first-aid and medical benefits may also be ordered. Compensation under this section is in addition to any fine payable to the victim under the Bharatiya Nyaya Sanhita, 2023.⇆ CrPC s.357A
- 397Treatment of victims.All hospitals, whether public or private and regardless of who runs them, are mandated to immediately provide first-aid or medical treatment free of cost to victims of specified sexual offences under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012. Hospitals must also immediately inform the police of such incidents.⇆ CrPC s.357C
- 398Witness protection scheme.Every State Government is required to prepare and notify a Witness Protection Scheme for the State to ensure the protection of witnesses.⇆ CrPC s.357D
- 399Compensation to persons groundlessly arrested.Where a person causes a police officer to arrest another person without sufficient ground, the Magistrate hearing the case may award compensation of up to one thousand rupees to the person wrongfully arrested for loss of time and expenses. If the compensation cannot be recovered as a fine, the person liable may be sentenced to simple imprisonment for up to thirty days.⇆ CrPC s.358
- 400Order to pay costs in non-cognizable cases.In non-cognizable offence cases tried on complaint, if the accused is convicted, the Court may order the accused to pay the complainant's prosecution costs in whole or in part, including process fees, witness expenses and reasonable advocate's fees, in addition to the penalty imposed. Default of payment may result in simple imprisonment for up to thirty days, and such orders may also be made by Appellate Courts or the High Court or Court of Session in revision.⇆ CrPC s.359
- 401Order to release on probation of good conduct or after admonition.Allows a court to release a first offender on probation of good conduct (by bond/bail bond for up to three years) instead of immediate sentencing, where the offender is not under 21 and convicted of an offence punishable with fine only or up to seven years, or where the offender is under 21 or a woman convicted of an offence not punishable with death or life imprisonment. Courts may also release offenders after admonition in minor cases such as theft, dishonest misappropriation, or cheating punishable with up to two years. Appellate and revisional courts may also exercise or set aside these powers, subject to the ceiling that no greater punishment may be inflicted than the original court could have imposed.⇆ CrPC s.360
- 402Special reasons to be recorded in certain cases.Where a court had the power to deal with an accused under the probation or juvenile justice framework but chose not to, it must record special reasons in its judgment for not doing so. This applies both to adult offenders eligible under Section 401 or the Probation of Offenders Act, 1958, and to youthful offenders eligible under the Juvenile Justice Act, 2015.⇆ CrPC s.361
- 403Court not to alter judgment.Once a court has signed its judgment or final order, it cannot alter or review it except to correct a clerical or arithmetical error, unless otherwise provided by the Sanhita or any other law in force. This rule preserves the finality of judicial decisions.⇆ CrPC s.362
- 404Copy of judgment to be given to accused and other persons.When an accused is sentenced to imprisonment, a copy of the judgment must be given to him free of cost immediately after pronouncement; where a death sentence is passed or confirmed by the High Court, a certified copy must be given immediately and free of cost regardless of any application. On application, the accused is entitled to a certified copy or translation of the judgment, free of cost in appealable cases. Other persons affected by a judgment may obtain copies on payment of prescribed charges.⇆ CrPC s.363
- 405Judgment when to be translated.The original judgment must be filed with the record of proceedings. If the original is recorded in a language different from the language of the court, and either party so requires, a translation into the court's language must be added to the record.⇆ CrPC s.364
- 406Court of Session to send copy of finding and sentence to District Magistrate.In cases tried by the Court of Session or a Chief Judicial Magistrate, the court or magistrate must forward a copy of its finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.⇆ CrPC s.365
Chapter XXX · SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- 407Sentence of death to be submitted by Court of Session for confirmation.When a Court of Session passes a sentence of death, the proceedings must be submitted forthwith to the High Court, and the sentence cannot be executed unless confirmed by the High Court. The convicted person must be committed to jail custody under a warrant by the sentencing court pending such confirmation.⇆ CrPC s.366
- 408Power to direct further inquiry to be made or additional evidence to be taken.When death-sentence proceedings are submitted to the High Court, it may order further inquiry or additional evidence on any point bearing on the guilt or innocence of the convicted person, either conducting such inquiry itself or directing the Court of Session to do so. The presence of the convicted person may be dispensed with unless the High Court directs otherwise, and the results of any inquiry or evidence not taken by the High Court must be certified back to it.⇆ CrPC s.367
- 409Power of High Court to confirm sentence or annul conviction.In a case submitted under Section 407, the High Court may confirm the death sentence or pass any other lawful sentence, annul the conviction and convict the accused of any offence the Court of Session could have convicted him of or order a new trial, or acquit the accused. No confirmation order shall be made until the period for appeal has expired or, if an appeal is filed, until it is disposed of.⇆ CrPC s.368
- 410Confirmation or new sentence to be signed by two Judges.In every case submitted for confirmation of a death sentence, any confirmation of sentence, new sentence, or order passed by the High Court must, where the court consists of two or more judges, be made, passed, and signed by at least two of them.⇆ CrPC s.369
- 411Procedure in case of difference of opinion.Where a Bench of Judges hearing a case is equally divided in opinion, the case is to be decided in the manner provided by section 433 of the BNSS. This section provides the procedural mechanism for resolving judicial deadlocks at the Bench level.⇆ CrPC s.392
- 412Procedure in cases submitted to High Court for confirmation.When a Court of Session submits a death sentence case to the High Court for confirmation, the High Court's proper officer must, without delay after the confirmation or other order is made, send a certified copy of the order (under the High Court's seal and with official signature) to the Court of Session, either physically or through electronic means.⇆ CrPC s.371
Chapter XXXI · APPEALS
- 413No appeal to lie unless otherwise provided.No appeal lies from any judgment or order of a Criminal Court unless expressly provided by the BNSS or any other law in force. However, a victim has a right to appeal against an order of acquittal, conviction for a lesser offence, or imposition of inadequate compensation, to the court that ordinarily hears appeals against conviction orders of that court.⇆ CrPC s.372
- 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior.A person ordered to give security for keeping the peace or good behaviour under section 136, or aggrieved by an order refusing to accept or rejecting a surety under section 140, may appeal to the Court of Session. This right of appeal does not apply to persons whose proceedings are laid before a Sessions Judge under sub-sections (2) or (4) of section 141.⇆ CrPC s.373
- 415Appeals from convictions.This section sets out the hierarchy of appellate courts for convicted persons: convictions by the High Court in its extraordinary original criminal jurisdiction go to the Supreme Court; convictions by Sessions/Additional Sessions Judges or courts imposing imprisonment exceeding seven years go to the High Court; convictions by Magistrates of the first or second class, or orders under section 364 or section 401, go to the Court of Session. Appeals against sentences under specified sections of the Bharatiya Nyaya Sanhita, 2023 must be disposed of within six months of filing.⇆ CrPC s.374
- 416No appeal in certain cases when accused pleads guilty.Where an accused has pleaded guilty and been convicted on such plea, no appeal lies if the conviction is by a High Court. If the conviction is by a Court of Session or a Magistrate of the first or second class, appeal is restricted only to the extent or legality of the sentence.⇆ CrPC s.375
- 417No appeal in petty cases.No appeal lies by a convicted person in petty cases where the sentence imposed falls below specified thresholds: imprisonment not exceeding three months or fine not exceeding one thousand rupees by a High Court; imprisonment not exceeding three months or fine not exceeding two hundred rupees by a Court of Session; fine not exceeding one hundred rupees by a first class Magistrate; or fine not exceeding two hundred rupees in a summary trial. An appeal is permissible if another punishment is combined with such a sentence, but not merely because of an order to furnish security, a default imprisonment direction, or multiple fines whose total does not exceed the specified limit.⇆ CrPC s.376
- 418Appeal by State Government against sentence.The State Government may direct the Public Prosecutor to appeal against the inadequacy of a sentence passed by any court other than the High Court — to the Court of Session if passed by a Magistrate, and to the High Court if passed by any other court. Where the offence was investigated by a Central agency, the Central Government has a similar power. The appellate court cannot enhance the sentence without giving the accused a reasonable opportunity to show cause, during which the accused may also plead for acquittal or reduction. Appeals against sentences under specified BNS sections must be disposed of within six months.⇆ CrPC s.377
- 419Appeal in case of acquittal.The District Magistrate may direct the Public Prosecutor to appeal to the Court of Session against an acquittal by a Magistrate in cognizable and non-bailable offences; the State Government may direct appeal to the High Court against acquittals by courts other than the High Court. The Central Government has similar powers where the offence was investigated by a Central agency. No appeal to the High Court is entertained without leave of the High Court. A complainant may seek special leave from the High Court to appeal against acquittal in complaint cases, but such application must be filed within six months (for public servants) or sixty days (for others) from the date of the acquittal order.⇆ CrPC s.378
- 420Appeal against conviction by High Court in certain cases.Where the High Court, on appeal, reverses an order of acquittal and convicts the accused, sentencing him to death, imprisonment for life, or imprisonment for ten years or more, the accused may appeal to the Supreme Court.⇆ CrPC s.379
- 421Special right of appeal in certain cases.When multiple persons are convicted in a single trial and an appealable judgment or order is passed against any one of them, all or any of the co-convicted persons acquire a right of appeal, notwithstanding other provisions of the Chapter. This is a special right that extends the right of appeal beyond the person directly affected by the appealable order.⇆ CrPC s.382
- 422Appeal to Court of Session how heard.Appeals to the Court of Session are ordinarily heard by the Sessions Judge or an Additional Sessions Judge. Appeals against convictions on trials held by a second-class Magistrate may be heard by the Chief Judicial Magistrate. An Additional Sessions Judge or Chief Judicial Magistrate may hear only such appeals as are made over to them by the Sessions Judge or directed by the High Court.⇆ CrPC s.383
- 423Petition of appeal.Every appeal must be filed as a written petition by the appellant or their advocate. Unless the court directs otherwise, the petition must be accompanied by a copy of the judgment or order being appealed against.⇆ CrPC s.384
- 424Procedure when appellant in jail.An appellant who is in jail may present the petition of appeal and accompanying copies to the officer in charge of the jail. The jail officer is then obligated to forward the petition and copies to the appropriate Appellate Court.⇆ CrPC s.385
- 425Summary dismissal of appeal.An Appellate Court may summarily dismiss an appeal if, on examining the petition and judgment copy, it finds no sufficient ground for interference, subject to safeguards including a reasonable opportunity of hearing. Appeals filed by jailed appellants cannot be dismissed summarily until the appeal period has expired, and the court must record reasons if it is a Sessions Court or Chief Judicial Magistrate. If a jail-filed appeal is dismissed summarily but a separately filed petition under section 423 was not considered, the court may still hear and dispose of that petition in the interests of justice.⇆ CrPC s.384
- 426Procedure for hearing appeals not dismissed summarily.If the appeal is not summarily dismissed, the Appellate Court must give notice of the hearing to the appellant or advocate, the State Government's appointed officer, the complainant (in complaint cases), and the accused (in appeals under sections 418 or 419). The court then sends for the record and hears the parties, though it may dispose of sentence-only appeals without calling for the record. Where the sole ground of appeal is severity of sentence, the appellant may not urge other grounds without the court's leave.⇆ CrPC s.385
- 427Powers of Appellate Court.After hearing the parties, the Appellate Court may dismiss the appeal or exercise a range of powers: in acquittal appeals it may reverse the order and direct retrial or find the accused guilty; in conviction appeals it may acquit, alter the finding, or alter the sentence (but not enhance it without opportunity to show cause); in sentence-enhancement appeals it may enhance or reduce the sentence; and in other order appeals it may alter or reverse the order. The court cannot inflict greater punishment than the original court could have imposed.⇆ CrPC s.386
- 428Judgments of subordinate Appellate Court.The rules governing judgments of original criminal courts (Chapter XXIX) apply, as far as practicable, to appellate judgments of the Court of Session or Chief Judicial Magistrate. Unless the Appellate Court directs otherwise, the accused need not be brought up or required to attend for the delivery of the appellate judgment.⇆ CrPC s.387
- 429Order of High Court on appeal to be certified to lower Court.When the High Court decides an appeal under this Chapter, it must certify its judgment or order to the court that originally recorded or passed the finding, sentence, or order. Certification to a Judicial Magistrate (other than the CJM) is routed through the CJM, and to an Executive Magistrate through the District Magistrate. The lower court must then make orders conformable to the High Court's judgment and amend the record accordingly.⇆ CrPC s.388
- 430Suspension of sentence pending appeal; release of appellant on bail.Pending an appeal by a convicted person, the Appellate Court may, for recorded reasons, suspend the sentence and release the appellant on bail or on their own bond; for offences punishable with death, life imprisonment, or imprisonment of ten or more years, the Public Prosecutor must be given an opportunity to show cause in writing before such release. The trial court must release a convicted person on bail if they intend to appeal and are on bail with a sentence not exceeding three years, or are convicted of a bailable offence and on bail, unless special reasons exist for refusal. Time spent on bail pending appeal is excluded from computation of the sentence ultimately imposed.⇆ CrPC s.389
- 431Arrest of accused in appeal from acquittal.When an appeal against acquittal is presented under section 419, the High Court may issue a warrant to arrest the accused and bring them before it or a subordinate Court. The Court before which the accused is produced may then either commit the accused to prison or admit them to bail pending disposal of the appeal.⇆ CrPC s.390
- 432Appellate Court may take further evidence or direct it to be taken.An Appellate Court dealing with an appeal may, if it considers additional evidence necessary, record its reasons and either take such evidence itself or direct a Magistrate (or, if the Appellate Court is a High Court, a Court of Session or Magistrate) to take it. Evidence so taken must be certified to the Appellate Court, which then proceeds to dispose of the appeal. The accused or their advocate has the right to be present when additional evidence is taken.⇆ CrPC s.391
- 433Procedure where Judges of Court of appeal are equally divided.When a High Court Bench hearing an appeal is equally divided in opinion, the appeal and the divergent opinions are placed before another Judge of that Court, who after such hearing as they think fit delivers an opinion, and the judgment or order follows that opinion. Either of the original Bench Judges or the third Judge may require the appeal to be re-heard by a larger Bench.⇆ CrPC s.392
- 434Finality of judgments and orders on appeal.Judgments and orders passed by an Appellate Court on appeal are final, subject to the exceptions provided in sections 418, 419, 425(4), and Chapter XXXII. Notwithstanding final disposal of an appeal against conviction, the Appellate Court may still hear and decide on the merits an appeal against acquittal under section 419 or an appeal for enhancement of sentence under section 418 arising out of the same case.⇆ CrPC s.393
- 435Abatement of appeals.Appeals under sections 418 or 419 abate finally on the death of the accused. All other appeals under the Chapter (except appeals from a sentence of fine) abate on the death of the appellant, but where the appeal is against a conviction and sentence of death or imprisonment, a near relative may apply within thirty days of the appellant's death for leave to continue the appeal. 'Near relative' is defined to mean a parent, spouse, lineal descendant, brother, or sister.⇆ CrPC s.394
Chapter XXXII · REFERENCE AND REVISION
- 436Reference to High Court.Where a Court is satisfied that a pending case involves a question as to the validity of any Act, Ordinance, or Regulation that is necessary for disposal of the case, and the Court considers such law invalid or inoperative but it has not been so declared by the High Court or Supreme Court, the Court must state a case and refer it to the High Court. A Court of Session may also refer any question of law arising in a pending case to the High Court. Pending the High Court's decision, the referring Court may commit the accused to jail or release them on bail.⇆ CrPC s.395
- 437Disposal of case according to decision of High Court.After a question is referred to the High Court under section 436, the High Court passes such order as it thinks fit and sends a copy to the referring Court, which must then dispose of the case in conformity with that order. The High Court may also direct by whom the costs of the reference shall be paid.⇆ CrPC s.396
- 438Calling for records to exercise powers of revision.The High Court or any Sessions Judge may call for and examine the record of any proceeding before an inferior Criminal Court within their local jurisdiction to satisfy themselves as to the correctness, legality, or propriety of any finding, sentence, or order, and the regularity of proceedings. When calling for such record, they may suspend execution of any sentence or order and release the accused on bond or bail pending examination. Revision powers do not extend to interlocutory orders, and if an application is made to either the High Court or the Sessions Judge, no further application by the same person shall be entertained by the other.⇆ CrPC s.397
- 439Power to order inquiry.On examining any record under section 438 or otherwise, the High Court or Sessions Judge may direct the Chief Judicial Magistrate (or a subordinate Magistrate) to make further inquiry into any complaint dismissed under section 226 or section 227(4), or into the case of any person accused of an offence who has been discharged. No direction for inquiry into the case of a discharged person shall be made unless that person has had an opportunity to show cause why such direction should not be made.⇆ CrPC s.398
- 440Sessions Judge's powers of revision.In proceedings whose record the Sessions Judge has called for, the Sessions Judge may exercise all or any of the powers exercisable by the High Court under section 442(1). The procedural provisions of section 442(2)–(5) apply mutatis mutandis to such revision proceedings before the Sessions Judge. The Sessions Judge's decision on a revision application is final in relation to the applicant, and no further revision at that person's instance shall be entertained by the High Court or any other Court.⇆ CrPC s.399
- 441Power of Additional Sessions Judge.An Additional Sessions Judge may exercise all the powers of a Sessions Judge under the Chapter on revision in respect of any case transferred to him by a general or special order of the Sessions Judge. The transfer may be made by or under such an order.⇆ CrPC s.408
- 442High Court's powers of revision.The High Court, in revision, may exercise appellate powers under sections 427, 430, 431 and 432 or the Sessions Court's power under section 344, either on its own motion or when a record is called for. The accused must be heard before any prejudicial order is passed, and the High Court cannot convert an acquittal into a conviction. Where an appeal lay but was not brought, revision at the instance of that party is barred; however, the High Court may treat a revision application as an appeal if it was filed under an erroneous belief that no appeal lay.⇆ CrPC s.401
- 443Power of High Court to withdraw or transfer revision cases.Where co-accused convicted at the same trial apply for revision before different courts (High Court and Sessions Judge), the High Court decides which court should finally dispose of all applications, and may transfer applications accordingly. Once the Sessions Judge disposes of applications transferred to him, no further revision lies to the High Court or any other court at the instance of those persons.⇆ CrPC s.402
- 444Option of Court to hear parties.No party has a right as of course to be heard personally or through an advocate before a court exercising revisional powers, unless expressly provided otherwise. The court retains discretion to hear any party personally or by advocate if it thinks fit.⇆ CrPC s.403
- 445High Court's order to be certified to lower Court.After revising a case, the High Court or Sessions Judge must certify its decision or order to the lower court in the manner provided by section 429. The lower court must then make orders conformable to the certified decision and, if necessary, amend the record accordingly.⇆ CrPC s.404
Chapter XXXIII · TRANSFER OF CRIMINAL CASES
- 446Power of Supreme Court to transfer cases and appeals.The Supreme Court may, for the ends of justice, transfer any case or appeal from one High Court to another, or from a criminal court subordinate to one High Court to a court of equal or superior jurisdiction subordinate to another High Court. Such an application may be made only by the Attorney-General of India or a party interested, by motion supported by affidavit or affirmation (except when the applicant is the Attorney-General). If a frivolous or vexatious application is dismissed, the Supreme Court may order the applicant to pay compensation to the opposing party.⇆ CrPC s.406
- 447Power of High Court to transfer cases and appeals.The High Court may transfer cases or appeals from subordinate criminal courts on grounds of inability to have a fair trial, unusual difficulty of law, general convenience of parties or witnesses, or the ends of justice; it may also commit a case for trial to a Court of Session or try the case itself. Applications must be by motion supported by affidavit (except by the Advocate-General), and the accused applicant must give the Public Prosecutor at least 24 hours' written notice before the hearing. The High Court may stay subordinate court proceedings pending disposal of the application, and may award compensation if the application is dismissed as frivolous or vexatious.⇆ CrPC s.407
- 448Power of Sessions Judge to transfer cases and appeals.A Sessions Judge may transfer any particular case from one criminal court to another within his sessions division when expedient for the ends of justice, acting on a lower court's report, a party's application, or suo motu. The procedural provisions of section 447 (sub-sections 3, 4, 5, 6, 7 and 9) apply mutatis mutandis, except that compensation for a frivolous application is capped at ten thousand rupees.⇆ CrPC s.408
- 449Withdrawal of cases and appeals by Sessions Judges.A Sessions Judge may withdraw or recall any case or appeal made over to a Chief Judicial Magistrate subordinate to him at any time. Before trial or hearing commences before an Additional Sessions Judge, the Sessions Judge may also recall a case or appeal made over to that judge. After withdrawal or recall, the Sessions Judge may try or hear the matter himself or transfer it to another court.⇆ CrPC s.409
- 450Withdrawal of cases by Judicial Magistrates.A Chief Judicial Magistrate may withdraw or recall any case made over to a subordinate Magistrate and may inquire into or try it himself, or refer it to another competent Magistrate. A Judicial Magistrate may also recall any case made over by him under section 212(2) to another Magistrate and inquire into or try it himself.⇆ CrPC s.410
- 451Making over or withdrawal of cases by Executive Magistrates.A District Magistrate or Sub-divisional Magistrate may transfer any proceeding started before them to a subordinate Magistrate for disposal. They may also withdraw or recall any case made over to a subordinate and either dispose of it themselves or refer it to another Magistrate.⇆ CrPC s.410
- 452Reasons to be recorded.Any Sessions Judge or Magistrate making an order under sections 448, 449, 450, or 451 is required to record the reasons for making such an order. This ensures transparency and accountability in the transfer or withdrawal of cases.⇆ CrPC s.411
Chapter XXXIV · EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- 453Execution of order passed under section 409.When a case has been submitted to the High Court for confirmation of a death sentence and the Court of Session receives the High Court's order (whether of confirmation or otherwise), it must carry out that order by issuing a warrant or taking such other necessary steps.⇆ CrPC s.413
- 454Execution of sentence of death passed by High Court.When the High Court passes a sentence of death in appeal or revision, the Court of Session, upon receiving the High Court's order, must cause the sentence to be carried into effect by issuing a warrant. The section also incorporates the provisions of section 455 regarding postponement of execution pending Supreme Court appeal.⇆ CrPC s.414
- 455Postponement of execution of sentence of death in case of appeal to Supreme Court.Where a death sentence is passed by the High Court and an appeal lies to the Supreme Court under Article 134(1)(a) or (b), the High Court must postpone execution until the appeal period expires or the appeal is disposed of. Similarly, execution must be postponed when the condemned person applies for a certificate under Article 132 or 134(1)(c), or when the High Court is satisfied the person intends to petition the Supreme Court for special leave under Article 136.⇆ CrPC s.415
- 456Commutation of sentence of death on pregnant woman.If a woman sentenced to death is found to be pregnant, the High Court is mandated to commute her death sentence to imprisonment for life. This is a mandatory commutation with no discretion left to the court.⇆ CrPC s.416
- 457Power to appoint place of imprisonment.The State Government has the power to direct the place of confinement for any person liable to be imprisoned or committed to custody under the Sanhita. A person confined in a civil jail may be directed by the Court or Magistrate to be removed to a criminal jail, and upon release from the criminal jail, must be sent back to the civil jail unless three years have elapsed or the civil court certifies entitlement to release under section 58 of the CPC, 1908.⇆ CrPC s.417
- 458Execution of sentence of imprisonment.When an accused is sentenced to imprisonment for life or for a term, the sentencing court must forthwith forward a warrant to the jail or place of confinement and, if the accused is not already there, forward the accused along with the warrant. If the accused is not present in court at the time of sentencing, a warrant for arrest shall be issued and the sentence commences from the date of arrest.⇆ CrPC s.418
- 459Direction of warrant for execution.Every warrant for execution of a sentence of imprisonment must be directed to the officer in charge of the jail or other place where the prisoner is or is to be confined. This ensures proper chain of custody and authority for execution of the sentence.⇆ CrPC s.419
- 460Warrant with whom to be lodged.When a prisoner is to be confined in a jail, the warrant issued for execution of the sentence of imprisonment must be lodged with the jailor. This ensures the jailor has formal legal authority to detain the prisoner.⇆ CrPC s.420
- 461Warrant for levy of fine.When a fine has not been paid, the sentencing Court may recover it by issuing a warrant for attachment and sale of the offender's movable property, or by issuing a warrant to the Collector to realise the amount as arrears of land revenue from movable or immovable property. If the offender has already undergone the full default imprisonment, no such warrant shall issue unless special reasons are recorded in writing or compensation/expenses were ordered under section 395. The Collector executes the warrant under land revenue law, but cannot arrest or detain the offender.⇆ CrPC s.421
- 462Effect of such warrant.A warrant issued under section 461(1)(a) for attachment and sale of movable property may be executed within the issuing Court's local jurisdiction. For property situated outside that jurisdiction, the warrant must be endorsed by the District Magistrate of the district where the property is found before it can be executed there.⇆ CrPC s.422
- 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.Where a Criminal Court in a territory to which the BNSS does not extend sentences an offender to pay a fine and issues a warrant to a Collector in BNSS territory to realise it as arrears of land revenue, that warrant is deemed to be a warrant issued under section 461(1)(b) of the BNSS. The execution provisions of section 461(3) — including the bar on arrest or detention — apply to such a warrant accordingly.⇆ CrPC s.423
- 464Suspension of execution of sentence of imprisonment.Where an offender is sentenced to fine only with default imprisonment and the fine is not paid forthwith, the Court may allow payment in full or in two or three instalments, each interval not exceeding thirty days, and may suspend the imprisonment sentence on the offender executing a bond or bail bond. If any instalment or the full fine is not paid by the due date, the Court may direct the suspended imprisonment sentence to be carried into execution immediately. These provisions also apply to orders for payment of money where default attracts imprisonment.⇆ CrPC s.424
- 465Who may issue warrant.A warrant for execution of a sentence may be issued by the Judge or Magistrate who originally passed the sentence, or by that officer's successor-in-office. This ensures continuity of execution authority even when the original judicial officer is no longer in post.⇆ CrPC s.425
- 466Sentence on escaped convict when to take effect.When a sentence of death, life imprisonment, or fine is passed on an escaped convict, it takes effect immediately. When a term of imprisonment is passed, it takes effect immediately if it is severer in kind than the sentence being undergone at the time of escape; otherwise it takes effect only after the convict serves the unexpired remainder of the earlier sentence. Rigorous imprisonment is deemed severer in kind than simple imprisonment.⇆ CrPC s.426
- 467Sentence on offender already sentenced for another offence.A person already serving imprisonment who is subsequently sentenced to imprisonment or life imprisonment shall serve the new sentence consecutively (after the earlier sentence expires), unless the Court directs concurrent running. Where a person imprisoned in default of furnishing security is subsequently sentenced for an offence committed before that default order, the latter sentence commences immediately. A person already serving life imprisonment who receives a further sentence of imprisonment (term or life) shall serve the subsequent sentence concurrently.⇆ CrPC s.427
- 468Period of detention undergone by accused to be set off against sentence of imprisonment.Where a convicted person is sentenced to imprisonment for a term (other than default imprisonment for non-payment of fine), the period of pre-conviction detention undergone during investigation, inquiry, or trial of the same case must be set off against the sentence imposed. The person's remaining liability to imprisonment is reduced accordingly. In cases under section 475, the set-off operates against the fourteen-year period specified in that section.⇆ CrPC s.428
- 469Saving.Sections 466 and 467 do not excuse any person from any part of the punishment to which they are liable on a former or subsequent conviction. Additionally, where default imprisonment for non-payment of fine is annexed to a substantive sentence and further substantive sentences are to follow, the default imprisonment shall not be given effect until all further substantive sentences have been undergone.⇆ CrPC s.429
- 470Return of warrant on execution of sentence.Once a sentence has been fully executed, the officer responsible for its execution must return the warrant to the issuing Court. The returned warrant must bear an endorsement signed by the executing officer certifying the manner in which the sentence was carried out.⇆ CrPC s.430
- 471Money ordered to be paid recoverable as a fine.Any money (other than a fine) payable under an order made under the BNSS, whose method of recovery is not otherwise expressly provided, shall be recoverable as if it were a fine. A special proviso applies when section 461 is applied to an order for payment of costs under section 400, requiring a textual modification to the proviso of section 461(1).⇆ CrPC s.431
- 472Mercy petition in death sentence cases.A death-row convict, or his legal heir or relative, may file a mercy petition before the President under Article 72 or the Governor under Article 161 within 30 days of being informed of dismissal of appeal/SLP or confirmation of death sentence. The petition may first go to the Governor, and on rejection, to the President within 60 days. The Central Government must make recommendations to the President within 60 days of receiving State Government comments, and the President's order is final and not subject to judicial inquiry.
- 473Power to suspend or remit sentences.The appropriate Government may at any time suspend or remit, wholly or partly, the sentence of any convicted person, with or without conditions. If conditions are not fulfilled, the suspension or remission may be cancelled and the person re-arrested without warrant. Petitions for remission by or on behalf of persons above 18 years (other than for fines) must be presented through the jail officer or declare the person is in jail.⇆ CrPC s.432
- 474Power to commute sentence.The appropriate Government may, without the consent of the sentenced person, commute one form of punishment to a lesser form: death to life imprisonment; life imprisonment to imprisonment of not less than seven years; imprisonment of seven years or more to not less than three years; imprisonment of less than seven years to fine; and rigorous imprisonment to simple imprisonment.⇆ CrPC s.433
- 475Restriction on powers of remission or commutation in certain cases.Notwithstanding section 473, where a person is sentenced to life imprisonment for an offence for which death is also a prescribed punishment, or where a death sentence has been commuted to life imprisonment under section 474, such person shall not be released from prison unless he has served at least fourteen years of imprisonment.⇆ CrPC s.433A
- 476Concurrent power of Central Government in case of death sentences.The powers of suspension and commutation of sentences vested in the State Government under sections 473 and 474 may also be exercised by the Central Government specifically in cases of death sentences.⇆ CrPC s.434
- 477State Government to act after concurrence with Central Government in certain cases.The State Government's power to remit or commute a sentence cannot be exercised without prior concurrence of the Central Government where the offence was investigated by a Central agency, involved damage to Central Government property, or was committed by a Central Government servant in official capacity. Further, where a convict has concurrent sentences for both Union and State offences, the State's suspension/remission/commutation order has no effect unless the Central Government also passes a corresponding order for the Union-related offences.⇆ CrPC s.435
Chapter XXXV · PROVISIONS AS TO BAIL AND BONDS
- 478In what cases bail to be taken.Any person accused of a bailable offence who is arrested or detained without warrant, or appears before a Court, and is prepared to give bail, shall be released on bail. If the person is indigent and unable to furnish surety, the officer or Court may discharge him on a personal bond. A person who fails to comply with bond conditions may be refused bail on a subsequent occasion in the same case.⇆ CrPC s.436
- 479Maximum period for which under-trial prisoner can be detained.An under-trial prisoner detained for half the maximum imprisonment period for the alleged offence (excluding death/life imprisonment offences) shall be released on bail; a first-time offender shall be released on bond after serving one-third of such period. The Superintendent of Jail must apply to the Court upon completion of the relevant period. Where multiple cases or offences are pending against a person, he shall not be released on bail under this section.⇆ CrPC s.436A
- 480When bail may be taken in case of non-bailable offence.A person accused of a non-bailable offence may be released on bail by a Court other than the High Court or Sessions Court, subject to restrictions: bail shall not ordinarily be granted where there are reasonable grounds to believe guilt of a death/life imprisonment offence, or where the accused is a repeat offender of specified categories. Mandatory conditions must be imposed when bail is granted for offences punishable with seven or more years. If trial before a Magistrate is not concluded within 60 days from the first date for taking evidence, the accused in custody shall be released on bail unless the Magistrate records reasons to the contrary.⇆ CrPC s.437
- 481Bail to require accused to appear before next Appellate CourtBefore conclusion of trial and before disposal of appeal, the trial court or appellate court must require the accused to execute a bond or bail bond to appear before the higher court when notice is issued in respect of any appeal or petition against the judgment. Such bond remains in force for six months. If the accused fails to appear, the bond is forfeited and the procedure under section 491 applies.⇆ CrPC s.437A
- 482Direction for grant of bail to person apprehending arrest.A person apprehending arrest for a non-bailable offence may apply to the High Court or Court of Session for anticipatory bail; the court may grant a direction that upon arrest the person be released on bail with such conditions as it thinks fit. If the person is thereafter arrested without warrant, they shall be released on bail if ready to furnish it; a Magistrate issuing a warrant in such a case must issue a bailable warrant in conformity with the court's direction. This section does not apply to offences under section 65 and section 70(2) of the Bharatiya Nyaya Sanhita, 2023.⇆ CrPC s.438
- 483Special powers of High Court or Court of Session regarding bail.The High Court or Court of Session has special powers to direct release on bail of any accused in custody, to set aside or modify conditions imposed by a Magistrate, and to re-arrest any person already released on bail under this Chapter. Before granting bail in sessions-triable or life-imprisonment offences, notice must be given to the Public Prosecutor; for offences under BNS s.65 or s.70(2), notice must be given within fifteen days and the informant or authorised person must be present at the hearing.⇆ CrPC s.439
- 484Amount of bond and reduction thereof.The amount of every bond under this Chapter must be fixed with due regard to the circumstances of the case and must not be excessive. The High Court or Court of Session may direct that bail required by a police officer or Magistrate be reduced.⇆ CrPC s.440
- 485Bond of accused and sureties.Before release on bond or bail bond, the accused must execute a bond for a sufficient sum, and when released on bail, one or more sufficient sureties must also execute the bond, conditioned on the person's attendance as directed. Any conditions imposed for release must be incorporated in the bond, and if required, the bond must bind the person to appear before higher courts. The court may accept affidavits or hold an inquiry to determine the sufficiency or fitness of sureties.⇆ CrPC s.441
- 486Declaration by sureties.Every person standing surety for an accused's release on bail must make a declaration before the court disclosing the number of persons to whom they have stood surety, including the accused, along with all relevant particulars.⇆ CrPC s.441A
- 487Discharge from custody.Upon execution of the bond or bail bond, the person for whose appearance it was executed shall be released; if in jail, the court shall issue a release order to the officer in charge of the jail who must then release the person. This section does not require release of a person liable to be detained for any matter other than that for which the bond was executed.⇆ CrPC s.442
- 488Power to order sufficient bail when that first taken is insufficient.If insufficient sureties have been accepted through mistake, fraud or otherwise, or if sureties subsequently become insufficient, the court may issue a warrant of arrest to bring the released person before it, order them to find sufficient sureties, and commit them to jail on failure to do so.⇆ CrPC s.443
- 489Discharge of sureties.Any surety for a person released on bail may apply to a Magistrate at any time to be discharged from the bond wholly or partially; the Magistrate shall then issue a warrant of arrest for the released person. On the person's appearance or voluntary surrender, the Magistrate shall discharge the bond to the extent applied for, call upon the person to find fresh sureties, and may commit them to jail if they fail to do so.⇆ CrPC s.444
- 490Deposit instead of recognizance.When any person is required by a court or officer to execute a bond or bail bond, the court or officer may, except in the case of a bond for good behaviour, permit the person to deposit a sum of money or Government promissory notes in lieu of executing such bond.⇆ CrPC s.445
- 491Procedure when bond has been forfeited.When a bond under the Sanhita is forfeited, the Court must record grounds of proof and may call upon the person bound to pay the penalty or show cause. If sufficient cause is not shown and penalty is not paid, the Court may recover it as a fine, and a defaulting surety may be imprisoned in civil jail for up to six months. The Court may remit any portion of the penalty, and a surety's estate is discharged on his death before forfeiture.⇆ CrPC s.446
- 492Cancellation of bond and bail bondWhere a bond or bail bond for appearance is forfeited for breach of condition, both the personal bond of the accused and any surety bond in that case stand cancelled. Thereafter, the person may not be released on his own bond alone if the police officer or Court is satisfied there was no sufficient cause for the breach, but may be released on a fresh personal bond with fresh sureties as deemed sufficient.⇆ CrPC s.446A
- 493Procedure in case of insolvency or death of surety or when a bond is forfeited.When a surety to a bail bond becomes insolvent or dies, or when a bond is forfeited under section 491, the Court that ordered the bond or a first-class Magistrate may direct the person from whom security was demanded to furnish fresh security. If fresh security is not furnished, the Court or Magistrate may proceed as if there had been a default in complying with the original order.⇆ CrPC s.447
- 494Bond required from child.Where a Court or officer requires a child to execute a bond, the Court or officer may accept, in lieu of the child's bond, a bond executed by a surety or sureties only. This provision protects children from the legal burden of personally executing bonds.⇆ CrPC s.448
- 495Appeal from orders under section 491.All orders passed under section 491 (bond forfeiture proceedings) are appealable. Orders made by a Magistrate are appealable to the Sessions Judge, while orders made by a Court of Session are appealable to the Court to which appeals ordinarily lie from that Court.⇆ CrPC s.449
- 496Power to direct levy of amount due on certain recognizances.The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session. This empowers superior courts to delegate the recovery of bond amounts to Magistrates.⇆ CrPC s.450
Chapter XXXVI · DISPOSAL OF PROPERTY
- 497Order for custody and disposal of property pending trial in certain cases.When property is produced before a Criminal Court or empowered Magistrate during investigation, inquiry or trial, the Court or Magistrate may order proper custody of such property and may order its sale or disposal if it is subject to speedy decay or if expedient. Within fourteen days of production, a descriptive statement must be prepared, and photographs/videographs must be taken; within thirty days thereafter, the Court or Magistrate must order disposal, destruction, confiscation or delivery of the property.⇆ CrPC s.451
- 498Order for disposal of property at conclusion of trial.At the conclusion of an investigation, inquiry or trial, the Court or Magistrate may order disposal of property by destruction, confiscation, or delivery to any person entitled to possession. Delivery may be conditional on execution of a bond to restore the property if the order is modified or set aside on appeal or revision. Except for livestock or perishable property, disposal orders shall not be carried out for two months or until any appeal is disposed of.⇆ CrPC s.452
- 499Payment to innocent purchaser of money found on accused.Where a person is convicted of theft or receiving stolen property and an innocent purchaser bought the stolen property without knowledge of the theft, the Court may, on application by such purchaser and on restitution of the stolen property, order payment to the purchaser of a sum not exceeding the price paid by him out of money recovered from the convicted person at arrest. Such order must be applied for and made within six months.⇆ CrPC s.453
- 500Appeal against orders under section 498 or section 499.Any person aggrieved by an order under section 498 or section 499 may appeal to the Court to which appeals ordinarily lie from convictions by the Court that made the order. The Appellate Court may stay, modify, alter, annul or supplement the order as just. These powers may also be exercised by a Court of appeal, confirmation or revision while dealing with the same case.⇆ CrPC s.454
- 501Destruction of libellous and other matter.Upon conviction under specified sections of the Bharatiya Nyaya Sanhita 2023 relating to obscene/libellous matter or adulterated food/drink/drugs, the Court may order destruction of all copies of the offending material or the adulterated substance in the custody of the Court or in the possession of the convicted person.⇆ CrPC s.517
- 502Power to restore possession of immovable property.On conviction for an offence involving criminal force, show of force, or criminal intimidation by which a person was dispossessed of immovable property, the Court may order restoration of possession to the dispossessed person, including by evicting any person currently in possession. Such an order must be made within one month of conviction, and does not prejudice any civil rights in the property.⇆ CrPC s.456
- 503Procedure by police upon seizure of property.When a police officer's seizure of property is reported to a Magistrate and the property is not produced before a Criminal Court during inquiry or trial, the Magistrate may order its disposal or delivery to the person entitled to possession. If the entitled person is unknown, the Magistrate detains the property and issues a proclamation requiring claimants to appear within six months.⇆ CrPC s.457
- 504Procedure where no claimant appears within six months.If no claimant establishes a claim within the six-month proclamation period and the person in whose possession the property was found cannot show it was legally acquired, the Magistrate may order the property to be placed at the disposal of the State Government for sale, with proceeds dealt with per State Government rules. An appeal lies against such an order.⇆ CrPC s.458
- 505Power to sell perishable property.Where the person entitled to seized property is unknown or absent and the property is perishable, or where the Magistrate considers sale to be in the owner's interest, or where the property's value is less than ten thousand rupees, the Magistrate may direct its sale at any time. The net proceeds are then dealt with under the provisions of sections 503 and 504.⇆ CrPC s.459
Chapter XXXVII · IRREGULAR PROCEEDINGS
- 506Irregularities which do not vitiate proceedings.Proceedings conducted in good faith by a Magistrate who was not legally empowered to perform certain specified acts (such as issuing search warrants, ordering police investigation, holding inquests, taking cognizance, tendering pardon, or selling property) shall not be set aside merely on the ground of lack of such power. This is a curative provision protecting bona fide procedural errors.⇆ CrPC s.460
- 507Irregularities which vitiate proceedings.Proceedings by a Magistrate not empowered by law to perform certain specified acts—such as attaching and selling property, issuing search warrants for postal articles, demanding security, making maintenance orders, trying offenders, passing sentences on another Magistrate's record, deciding appeals, or revising orders—shall be void. Unlike section 506, these irregularities are not curable.⇆ CrPC s.461
- 508Proceedings in wrong place.No finding, sentence, or order of a Criminal Court shall be set aside merely because the inquiry, trial, or proceedings took place in a wrong sessions division, district, sub-division, or local area, unless the error has in fact occasioned a failure of justice.⇆ CrPC s.462
- 509Non-compliance with provisions of section 183 or section 316.Where a court finds that a Magistrate recording a confession or statement under section 183 or section 316 did not comply with the prescribed provisions, the court may take evidence on such non-compliance and, if satisfied that the non-compliance did not injure the accused's defence and that the statement was duly made, may admit the statement in evidence notwithstanding section 94 of the Bharatiya Sakshya Adhiniyam 2023. This provision applies equally to appellate, reference, and revision courts.⇆ CrPC s.463
- 510Effect of omission to frame, or absence of, or error in, charge.No finding, sentence, or order of a competent court is invalid merely because no charge was framed or due to any error, omission, irregularity, or misjoinder of charges, unless a failure of justice has actually been occasioned. Where a failure of justice is found, the appellate/confirmation/revision court may order a charge to be framed and trial recommenced, or direct a new trial on a properly framed charge; if no valid charge could be framed on the proved facts, the court shall quash the conviction.⇆ CrPC s.464
- 511Finding or sentence when reversible by reason of error, omission or irregularity.No finding, sentence or order of a competent court shall be reversed or altered by an appellate, confirmatory or revisional court merely on account of any error, omission or irregularity in proceedings, unless the court is of the opinion that a failure of justice has in fact been occasioned. In determining whether a failure of justice occurred, the court shall consider whether the objection could and should have been raised at an earlier stage.⇆ CrPC s.465
- 512Defect or error not to make attachment unlawful.No attachment made under the Sanhita shall be deemed unlawful, nor shall the person making it be deemed a trespasser, merely on account of any defect or want of form in the summons, conviction, writ of attachment or other related proceedings.⇆ CrPC s.466
Chapter XXXVIII · LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
- 513Definitions.This is a definitional section for the Chapter on limitation. It defines 'period of limitation' to mean the period specified in section 514 for taking cognizance of an offence.⇆ CrPC s.467
- 514Bar to taking cognizance after lapse of period of limitation.No court shall take cognizance of certain categories of offences after the expiry of the prescribed period of limitation: six months for offences punishable with fine only, one year for offences punishable with imprisonment up to one year, and three years for offences punishable with imprisonment exceeding one year but not exceeding three years. For offences triable together, the limitation period is determined by reference to the most severely punishable offence. The relevant date for computing limitation is the date of filing a complaint under section 223 or the date of recording information under section 173.⇆ CrPC s.468
- 515Commencement of period of limitation.The period of limitation in relation to an offender commences on the date of the offence; or, if the offence was not known to the aggrieved person or any police officer, from the first day such knowledge is acquired by either, whichever is earlier; or, if the offender's identity is unknown, from the first day the identity becomes known to the aggrieved person or the investigating police officer, whichever is earlier. The day from which the period is computed is excluded from the calculation.⇆ CrPC s.469
- 516Exclusion of time in certain cases.In computing the limitation period, time spent diligently prosecuting another prosecution (in good faith before a court lacking jurisdiction) against the same offender on the same facts is excluded. Additionally, time during which prosecution was stayed by injunction or order, time for giving notice or obtaining prior government/authority consent or sanction, and time during which the offender was absent from India or was absconding or concealing himself, are all excluded from the limitation period.⇆ CrPC s.470
- 517Exclusion of date on which Court is closed.If the period of limitation expires on a day when the court is closed, the court may take cognizance on the day it reopens. A court is deemed closed on any day on which it remains closed during its normal working hours.⇆ CrPC s.471
- 518Continuing offence.In the case of a continuing offence, a fresh period of limitation begins to run at every moment during which the offence continues, meaning the limitation clock resets continuously for as long as the offence persists.⇆ CrPC s.472
- 519Extension of period of limitation in certain cases.Notwithstanding the limitation provisions in the Chapter, any court may take cognizance of an offence after the expiry of the limitation period if it is satisfied that the delay has been properly explained or that taking cognizance is necessary in the interests of justice.⇆ CrPC s.473
Chapter XXXIX · MISCELLANEOUS
- 520Trials before High Courts.When the High Court tries an offence otherwise than under section 447 of the Sanhita, it shall observe the same procedure as a Court of Sessions would observe if it were trying the case.⇆ CrPC s.474
- 521Delivery to commanding officers of persons liable to be tried by Court-martial.The Central Government may make rules governing whether persons subject to military law are tried by ordinary courts or court-martial. When such a person is brought before a Magistrate, the Magistrate must have regard to those rules and, in proper cases, deliver the accused with a statement of the offence to the commanding officer for court-martial. High Courts may also direct that a prisoner in jail be produced before a court-martial.⇆ CrPC s.475
- 522Forms.The forms set out in the Second Schedule of the BNSS may be used for the purposes specified therein, with such variations as circumstances require. Use of these forms, subject to the High Court's supervisory power under Article 227 of the Constitution, shall be sufficient for the respective purposes.⇆ CrPC s.476
- 523Power of High Court to make rules.Every High Court may, with prior State Government approval, make rules regulating petition-writers in subordinate criminal courts, including licensing, conduct, fee scales, penalties for contraventions, and any other matter that may be provided by State Government rules. All such rules must be published in the Official Gazette.⇆ CrPC s.477
- 524Power to alter functions allocated to Executive Magistrate in certain cases.Where the State Legislative Assembly passes a resolution permitting it, the State Government may, after consulting the High Court, notify that references to an Executive Magistrate in sections 127, 128, 129, 164, and 166 shall be read as references to a Judicial Magistrate of the first class. This allows reallocation of certain Executive Magistrate functions to Judicial Magistrates.⇆ CrPC s.478
- 525Cases in which Judge or Magistrate is personally interested.No Judge or Magistrate may try or commit for trial any case in which they are a party or personally interested, except with permission of the appellate court, nor may they hear an appeal from their own judgment or order. Being involved in a public capacity, or having visited the scene of the offence and conducted an inquiry, does not by itself constitute personal interest.⇆ CrPC s.479
- 526Practising advocate not to sit as Magistrate in certain Courts.An advocate who practices in the court of any Magistrate is disqualified from sitting as a Magistrate in that court or in any court within the local jurisdiction of that court. This provision prevents conflicts of interest arising from dual roles.⇆ CrPC s.480
- 527Public servant concerned in sale not to purchase or bid for property.A public servant who has any duty to perform in connection with the sale of property under the BNSS is prohibited from purchasing or bidding for that property. This prevents conflicts of interest and ensures the integrity of court-directed sales.⇆ CrPC s.481
- 528Saving of inherent powers of High Court.Nothing in the BNSS limits or affects the inherent powers of the High Court to make orders necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or otherwise to secure the ends of justice. This is a savings clause preserving the High Court's inherent jurisdiction.⇆ CrPC s.482
- 529Duty of High Court to exercise continuous superintendence over Courts.Every High Court is obligated to exercise continuous superintendence over Sessions Courts and Judicial Magistrates' Courts subordinate to it to ensure expeditious and proper disposal of cases. This imposes an active supervisory duty on the High Court rather than merely a discretionary power.⇆ CrPC s.483
- 530Trial and proceedings to be held in electronic mode.All trials, inquiries, and proceedings under the BNSS — including issuance, service and execution of summons and warrants, examination of complainants and witnesses, recording of evidence, and appellate or other proceedings — may be conducted in electronic mode using electronic communication or audio-video electronic means. This provision formally enables end-to-end digital court proceedings.
- 531Repeal and savings.This section repeals the Code of Criminal Procedure, 1973 while preserving pending appeals, applications, trials, inquiries and investigations under the old Code; it also saves notifications, orders, sanctions and other instruments issued under the old Code by deeming them made under corresponding BNSS provisions, and bars use of any longer limitation period introduced by BNSS where the old period had already expired before commencement.⇆ CrPC s.484