Special reasons to be recorded in certain cases.
What this section does
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.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Accused · Youthful offender
Derived from CrPC s.361.
Read the official text
For the binding statutory text of BNSS Section 402, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 402 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.