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BNSS · Section 401 · Chapter XXIX — THE JUDGMENT

Order to release on probation of good conduct or after admonition.

What this section does

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.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Court of conviction · Magistrate of the first class · Magistrate of the second class · Appellate Court · High Court · Court of Session · Offender · Surety
Time limit
Probation period not exceeding three years
Old-law correspondence

Derived from CrPC s.360.

Read the official text

For the binding statutory text of BNSS Section 401, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 401 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.