| Contents |
|
|
The Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Sections |
Particulars |
| Chapter I |
Preliminary |
| 1. |
Short title, extent and commencement |
| 2. |
Definitions |
| 3. |
Construction of references |
| 4. |
Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws |
| 5. |
Saving |
| Chapter II |
Constitution of Criminal Courts and Offices |
| 6. |
Classes of Criminal Courts |
| 7. |
Territorial divisions |
| 8. |
Court of Session |
| 9. |
Courts of Judicial Magistrates |
| 10. |
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc |
| 11. |
Special Judicial Magistrates |
| 12. |
Local Jurisdiction of Judicial Magistrates |
| 13. |
Subordination of Judicial Magistrates |
| 14. |
Executive Magistrates |
| 15. |
Special Executive Magistrates |
| 16. |
Local Jurisdiction of Executive Magistrates |
| 17. |
Subordination of Executive Magistrates |
| 18. |
Public Prosecutors |
| 19. |
Assistant Public Prosecutors |
| 20. |
Directorate of Prosecution |
| Chapter III |
Power of Courts |
| 21. |
Courts by which offences are triable |
| 22. |
Sentences which High Courts and Sessions Judges may pass |
| 23. |
Sentences which Magistrates may pass |
| 24. |
Sentence of imprisonment in default of fine |
| 25. |
Sentence in cases of conviction of several offences at one trial |
| 26. |
Mode of Conferring powers |
| 27. |
Powers of Officers appointed |
| 28. |
Withdrawal of powers |
| 29. |
Powers of Judges and Magistrates exercisable by their successors-inoffice |
| Chapter IV |
Powers of Superior Officers of Police and Aid to The Magistrates and The Police |
| 30. |
Powers of Superior officers of police |
| 31. |
Public when to Assist Magistrates and police |
| 32. |
Aid to person, other than police officer, executing warrant |
| 33. |
Public to give information of certain offences |
| 34. |
Duty of Officers employed in connection with affairs of a village to make certain report |
| Chapter V |
Arrest of Persons |
| 35. |
When police may arrest without warrant |
| 36. |
Procedure of arrest and duties of officer making arrest |
| 37. |
Designated police officer |
| 38. |
Right of arrested person to meet an advocate of his choice during interrogation |
| 39. |
Arrest on refusal to give name and residence |
| 40. |
Arrest by private person and procedure on such arrest |
| 41. |
Arrest by Magistrate |
| 42. |
Protection of members of Armed Forces from arrest |
| 43. |
Arrest how made |
| 44. |
Search of place entered by person sought to be arrested |
| 45. |
Pursuit of offenders into other jurisdictions |
| 46. |
No unnecessary restraint |
| 47. |
Person arrested to be informed of grounds of arrest and of right to bail |
| 48. |
Obligation of person making arrest to inform about arrest, etc., to relative or friend |
| 49. |
Search of Arrested person |
| 50. |
Power to seize offensive weapons |
| 51. |
Examination of accused by medical practitioner at request of police officer |
| 52. |
Examination of person accused of rape by medical practitioner |
| 53. |
Examination of arrested person by medical officer |
| 54. |
Identification of person arrested |
| 55. |
Procedure when police officer deputes subordinate to arrest without warrant |
| 56. |
Health and safety of arrested person |
| 57. |
Person arrested to be taken before Magistrate or officer in charge of police station |
| 58. |
Person arrested not to be detained more than twenty-four hours |
| 59. |
Police to Report apprehensions |
| 60. |
Discharge of Person apprehended |
| 61. |
Power, on escape, to pursue and retake |
| 62. |
Arrest to be made strictly according to Sanhita |
| Chapter VI |
Processes to Compel Appearance |
| 63. |
Form of summons |
| 64. |
Summons how served |
| 65. |
Service of summons on corporate bodies, firms, and societies |
| 66. |
Service when persons summoned cannot be found |
| 67. |
Procedure when service cannot be effected as before provided |
| 68. |
Service on Government servant |
| 69. |
Service of Summons outside local limits |
| 70. |
Proof of service in such cases and when serving officer not present |
| 71. |
Service of summons on witness |
| 72. |
Form of warrant of arrest and duration |
| 73. |
Power to direct security to be taken |
| 74. |
Warrants to whom directed |
| 75. |
Warrant may be directed to any person |
| 76. |
Warrant directed to police officer |
| 77. |
Notification of substance of warrant |
| 78. |
Person arrested to be brought before Court without delay |
| 79. |
Where warrant may be executed |
| 80. |
Warrant forwarded for execution outside jurisdiction |
| 81. |
Warrant directed to police officer for execution outside jurisdiction |
| 82. |
Procedure on arrest of person against whom warrant issued |
| 83. |
Procedure by Magistrate before whom such person arrested is brought |
| 84. |
Proclamation for person absconding |
| 85. |
Attachment of property of person absconding |
| 86. |
Identification and attachment of property of proclaimed person |
| 87. |
Claims and objections to attachment |
| 88. |
Release, sale and restoration of attached property |
| 89. |
Appeal from order rejecting application for restoration of attached property |
| 90. |
Issue of warrant in lieu of, or in addition to, summons |
| 91. |
Power to take bond or bail bond for appearance |
| 92. |
Arrest on breach of bond or bail bond for appearance |
| 93. |
Provisions of this Chapter generally applicable to summons and warrants of arrest |
| Chapter VII |
Processes to Compel The Production of Things |
| 94. |
Summons to Produce document or other thing |
| 95. |
Procedure as to letters |
| 96. |
When searchwarrant may be issued |
| 97. |
Search of place suspected to contain stolen property, forged documents, etc |
| 98. |
Power to declare certain publications forfeited and to issue searchwarrants for same |
| 99. |
Application to High Court to set aside declaration of forfeiture |
| 100. |
Search for Persons wrongfully confined |
| 101. |
Power to compel restoration of abducted females |
| 102. |
Direction, etc., of search-warrants |
| 103. |
Persons in charge of closed place to allow search |
| 104. |
Disposal of things found in search beyond jurisdiction |
| 105. |
Recording of search and seizure through audio video electronic means |
| 106. |
Power of police officer to seize certain property |
| 107. |
Attachment, forfeiture or restoration of property |
| 108. |
Magistrate may direct search in his presence |
| 109. |
Power to impound document, etc., produced |
| 110. |
Reciprocal arrangements regarding processes |
| Chapter VIII |
Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property |
| 111. |
Definitions |
| 112. |
Letter of request to competent authority for investigation in a country or place outside India |
| 113. |
Letter of request from a country or place outside India to a Court or an authority for investigation in India |
| 114. |
Assistance in Securing transfer of persons |
| 115. |
Assistance in relation to orders of attachment or forfeiture of property |
| 116. |
Identifying unlawfully acquired property |
| 117. |
Seizure or attachment of property |
| 118. |
Management of properties seized or forfeited under this Chapter |
| 119. |
Notice of forfeiture of property |
| 120. |
Forfeiture of property in certain cases |
| 121. |
Fine in lieu of forfeiture |
| 122. |
Certain transfers to be null and void |
| 123. |
Procedure in respect of letter of request |
| 124. |
Application of this Chapter |
| Chapter IX |
Security for Keeping The Peace and for Good Behaviour |
| 125. |
Security for keeping peace on conviction |
| 126. |
Security for keeping peace in other cases |
| 127. |
Security for good behavior from persons disseminating certain matters |
| 128. |
Security for good behavior from suspected persons |
| 129. |
Security for good behavior from habitual offenders |
| 130. |
Order to be made |
| 131. |
Procedure in respect of person present in Court |
| 132. |
Summons or warrant in case of person not so present |
| 133. |
Copy of order to accompany summons or warrant |
| 134. |
Power to dispense with personal attendance |
| 135. |
Inquiry as to truth of information |
| 136. |
Order to give security |
| 137. |
Discharge of person informed against |
| 138. |
Commencement of period for which security is required |
| 139. |
Contents of bond |
| 140. |
Power to reject sureties |
| 141. |
Imprisonment in default of security |
| 142. |
Power to release persons imprisoned for failing to give security |
| 143. |
Security for unexpired period of bond |
| Chapter X |
Order for Maintenance of Wives, Children and Parents |
| 144. |
Order for maintenance of wives, children and parents |
| 145. |
Procedure |
| 146. |
Alteration in allowance |
| 147. |
Enforcement of order of maintenance |
| Chapter XI |
Maintenance of Public Order and Tranquillity |
| 148. |
Dispersal of assembly by use of civil force |
| 149. |
Use of armed forces to disperse assembly |
| 150. |
Power of certain armed force officers to disperse assembly |
| 151. |
Protection against prosecution for acts done under sections 148, 149 and 150 |
| 152. |
Conditional order for removal of nuisance |
| 153. |
Service or notification of order |
| 154. |
Person to whom order is addressed to obey or show cause |
| 155. |
Penalty for failure to comply with section 154 |
| 156. |
Procedure where existence of public right is denied |
| 157. |
Procedure where person against whom order is made under section 152 appears to show cause |
| 158. |
Power of Magistrate to direct local investigation and examination of an expert |
| 159. |
Power of Magistrate to furnish written instructions, etc |
| 160. |
Procedure on order being made absolute and consequences of disobedience |
| 161. |
Injunction pending inquiry |
| 162. |
Magistrate may prohibit repetition or continuance of public nuisance |
| 163. |
Power to issue order in urgent cases of nuisance or apprehended danger |
| 164. |
Procedure where dispute concerning land or water is likely to cause breach of peace |
| 165. |
Power to attach subject of dispute and to appoint receiver |
| 166. |
Dispute concerning right of use of land or water |
| 167. |
Local inquiry |
| Chapter XII |
Preventive Action of The Police |
| 168. |
Police to prevent cognizable offences |
| 169. |
Information of design to commit cognizable offences |
| 170. |
Arrest to prevent commission of cognizable offences |
| 171. |
Prevention of injury to public property |
| 172. |
Persons bound to conform to lawful directions of police |
| Chapter XIII |
Information to The Police and Their Powers to Investigate |
| 173. |
Information in cognizable cases |
| 174. |
Information as to non-cognizable cases and investigation of such cases |
| 175. |
Police officer's power to investigate cognizable case |
| 176. |
Procedure for investigation |
| 177. |
Report how submitted |
| 178. |
Power to hold investigation or preliminary inquiry |
| 179. |
Police officer's power to require attendance of witnesses |
| 180. |
Examination of witnesses by police |
| 181. |
Statements to police and use thereof |
| 182. |
No inducement to be offered |
| 183. |
Recording of confessions and statements |
| 184. |
Medical Examination of victim of rape |
| 185. |
Search by police officer |
| 186. |
When officer in charge of police station may require another to issue search-warrant |
| 187. |
Procedure when investigation cannot be completed in twenty-four hours |
| 188. |
Report of investigation by subordinate police officer |
| 189. |
Release of accused when evidence deficient |
| 190. |
Cases to be sent to Magistrate, when evidence is sufficient |
| 191. |
Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint |
| 192. |
Diary of proceedings in investigation |
| 193. |
Report of police officer on completion of investigation |
| 194. |
Police to enquire and report on suicide, etc |
| 195. |
Power to summon persons |
| 196. |
Inquiry by Magistrate into cause of death |
| Chapter XIV |
Jurisdiction of The Criminal Courts in Inquiries and Trials |
| 197. |
Ordinary place of inquiry and trial |
| 198. |
Place of inquiry or trial |
| 199. |
Offence triable where act is done or consequence ensues |
| 200. |
Place of trial where act is an offence by reason of relation to other offence |
| 201. |
Place of trial in case of certain offences |
| 202. |
Offences committed by means of electronic communications, letters, etc |
| 203. |
Offence committed on journey or voyage |
| 204. |
Place of trial for offences triable together |
| 205. |
Power to order cases to be tried in different sessions divisions |
| 206. |
High Court to decide, in case of doubt, district where inquiry or trial shall take place |
| 207. |
Power to issue summons or warrant for offence committed beyond local jurisdiction |
| 208. |
Offence committed outside India |
| 209. |
Receipt of Evidence relating to offences committed outside India |
| Chapter XV |
Conditions Requisite for Initiation of Proceedings |
| 210. |
Cognizance of offences by Magistrate |
| 211. |
Transfer on application of accused |
| 212. |
Making over of cases to Magistrates |
| 213. |
Cognizance of offences by Court of Session |
| 214. |
Additional Sessions Judges to try cases made over to them |
| 215. |
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence |
| 216. |
Procedure for witnesses in case of threatening, etc |
| 217. |
Prosecution for offences against State and for criminal conspiracy to commit such offence |
| 218. |
Prosecution of Judges and Public servants |
| 219. |
Prosecution for offences against marriage |
| 220. |
Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 |
| 221. |
Cognizance of offence |
| 222. |
Prosecution for defamation |
| Chapter XVI |
Complaints to Magistrates |
| 223. |
Examination of complainant |
| 224. |
Procedure by Magistrate not competent to take cognizance of case |
| 225. |
Postponement of issue of process |
| 226. |
Dismissal of complaint |
| 227. |
Issue of process |
| 228. |
Magistrate may dispense with personal attendance of accused |
| 229. |
Special summons in cases of petty offence |
| 230. |
Supply to accused of copy of police report and other documents |
| 231. |
Supply of copies of statements and documents to accused in other cases triable by Court of Session |
| 232. |
Commitment of case to Court of Session when offence is triable exclusively by it |
| 233. |
Procedure to be followed when there is a complaint case and police investigation in respect of same offence |
| Chapter XVIII |
The Charge |
| 234. |
Contents of charge |
| 235. |
Particulars as to time, place and person |
| 236. |
When manner of committing offence must be stated |
| 237. |
Words in charge taken in sense of law under which offence is punishable |
| 238. |
Effect of errors |
| 239. |
Court may alter charge |
| 240. |
Recall of Witnesses when charge altered |
| 241. |
Separate charges for distinct offences |
| 242. |
Offences of same kind within year may be charged together |
| 243. |
Trial for more than one offence |
| 244. |
Where it is doubtful what offence has been committed |
| 245. |
When offence proved included in offence charged |
| 246. |
What persons may be charged jointly |
| 247. |
Withdrawal of remaining charges on conviction on one of several charges |
| Chapter XIX |
Trial Before a Court of Session |
| 248. |
Trial to be conducted by Public Prosecutor |
| 249. |
Opening case for prosecution |
| 250. |
Discharge |
| 251. |
Framing of charge |
| 252. |
Conviction on plea of guilty |
| 253. |
Date for Prosecution evidence |
| 254. |
Evidence for prosecution |
| 255. |
Acquittal |
| 256. |
Entering upon defence |
| 257. |
Arguments |
| 258. |
Judgment of acquittal or conviction |
| 259. |
Previous conviction |
| 260. |
Procedure in cases instituted under sub-section (2) of section 222 |
| Chapter XX |
Trial of Warrant-Cases by Magistrates |
| 261. |
Compliance with section 230 |
| 262. |
When accused shall be discharged |
| 263. |
Framing of charge |
| 264. |
Conviction on plea of guilty |
| 265. |
Evidence for prosecution |
| 266. |
Evidence for defence |
| 267. |
Evidence for prosecution |
| 268. |
When accused shall be discharged |
| 269. |
Procedure where accused is not discharged |
| 270. |
Evidence for defence |
| 271. |
Acquittal or conviction |
| 272. |
Absence of complainant |
| 273. |
Compensation for accusation without reasonable cause |
| Chapter XXI |
Trial of Summons-Cases by Magistrates |
| 274. |
AdSubstance of accusation to be stated |
| 275. |
Conviction on plea of guilty |
| 276. |
Conviction on plea of guilty in absence of accused in petty cases |
| 277. |
Procedure when not convicted |
| 278. |
Acquittal or conviction |
| 279. |
Non-appearance or death of complainant |
| 280. |
Withdrawal of complaint |
| 281. |
Power to stop proceedings in certain cases |
| 282. |
Power of Court to convert summonscases into warrant-cases |
| Chapter XXII |
Summary Trials |
| 283. |
Power to try summarily |
| 284. |
Summary trial by Magistrate of second class |
| 285. |
Procedure for Summary trials |
| 286. |
Record in Summary trials |
| 287. |
Judgment in cases tried summarily |
| 288. |
Language of record and judgment |
| Chapter XXIII |
Plea Bargaining |
| 289. |
Application of Chapter |
| 290. |
Application for plea bargaining |
| 291. |
Guidelines for Mutually satisfactory disposition |
| 292. |
Report of Mutually satisfactory disposition to be submitted before Court |
| 293. |
Disposal of case |
| 294. |
Judgment of Court |
| 295. |
Finality of judgment |
| 296. |
Power of Court in plea bargaining |
| 297. |
Period of Detention undergone by accused to be set off against sentence of imprisonment |
| 298. |
Savings |
| 299. |
Statements of accused not to be used |
| 300. |
Non-application of Chapter |
| Chapter XXIV |
Attendance of Persons Confined or Detained in Prisons |
| 301. |
Definitions |
| 302. |
Power to require attendance of prisoners |
| 303. |
Power of State Government or Central Government to exclude certain persons from operation of section 302 |
| 304. |
Officer in charge of prison to abstain from carrying out order in certain contingencies |
| 305. |
Prisoner to be brought to Court in custody |
| 306. |
Power to issue commission for examination of witness in prison |
| Chapter XXV |
Evidence in Inquiries and Trials |
| 307. |
Language of Courts |
| 308. |
Evidence to be taken in presence of accused |
| 309. |
Record in summonscases and inquiries |
| 310. |
Record in warrant-cases |
| 311. |
Record in trial before Court of Session |
| 312. |
Language of record of evidence |
| 313. |
Procedure in regard to such evidence when completed |
| 314. |
Interpretation of evidence to accused or his advocate |
| 315. |
Remarks Respecting demeanour of witness |
| 316. |
Record of Examination of accused |
| 317. |
Interpreter to be bound to interpret truthfully |
| 318. |
Record in High Court |
| 319. |
When attendance of witness may be dispensed with and commission issued |
| 320. |
Commission to whom to be issued |
| 321. |
Execution of commissions |
| 322. |
Parties may examine witnesses |
| 323. |
Return of commission |
| 324. |
Adjournment of proceeding |
| 325. |
Execution of Foreign commissions |
| 326. |
Deposition of Medical witness |
| 327. |
Identification report of Magistrate |
| 328. |
Evidence of officers of Mint |
| 329. |
Reports of Certain Government Scientific experts |
| 330. |
No formal proof of certain documents |
| 331. |
Affidavit in proof of conduct of public servants |
| 332. |
Evidence of formal character on affidavit |
| 333. |
Authorities before whom affidavits may be sworn |
| 334. |
Previous conviction or acquittal how proved |
| 335. |
Record of evidence in absence of accused |
| 336. |
Evidence of public servants, experts, police officers in certain cases |
| Chapter XXVI |
General Provisions as to Inquiries and Trials |
| 337. |
Person once convicted or acquitted not to be tried for same offence |
| 338. |
Appearance by Public Prosecutors |
| 339. |
Permission to conduct prosecution |
| 340. |
Right of person against whom proceedings are instituted to be defended |
| 341. |
Legal aid to accused at State expense in certain cases |
| 342. |
Procedure when corporation or registered society is an accused |
| 343. |
Tender of pardon to accomplice |
| 344. |
Power to direct tender of pardon |
| 345. |
Trial of person not complying with conditions of pardon |
| 346. |
Power to postpone or adjourn proceedings |
| 347. |
Local inspection |
| 348. |
Power to summon material witness, or examine person present |
| 349. |
Power of Magistrate to order person to give specimen signatures or handwriting, etc |
| 350. |
Expenses of Complainants and witnesses |
| 351. |
Power to Examine accused |
| 352. |
Oral arguments and memorandum of arguments |
| 353. |
Accused person to be competent witness |
| 354. |
No influence to be used to induce disclosure |
| 355. |
Provision for inquiries and trial being held in absence of accused in certain cases |
| 356. |
Inquiry, trial or judgment in absentia of proclaimed offender |
| 357. |
Procedure where accused does not understand proceedings |
| 358. |
Power to Proceed against other persons appearing to be guilty of offence |
| 359. |
Compounding of offences |
| 360. |
Withdrawal from prosecution |
| 361. |
Procedure in cases which Magistrate cannot dispose of |
| 362. |
Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed |
| 363. |
Trial of persons previously convicted of offences against coinage, stamp-law or property |
| 364. |
Procedure when Magistrate cannot pass sentence sufficiently severe |
| 365. |
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another |
| 366. |
Court to be open |
| Chapter XXVII |
Provisions as to Accused Persons of Unsound Mind |
| 367. |
Procedure in case of accused being person of unsound mind |
| 368. |
Procedure in case of person of unsound mind tried before Court |
| 369. |
Release of person of unsound mind pending investigation or trial |
| 370. |
Resumption of inquiry or trial |
| 371. |
Procedure on accused appearing before Magistrate or Court |
| 372. |
When accused appears to have been of sound mind |
| 373. |
Judgment of acquittal on ground of unsoundness of mind |
| 374. |
Person acquitted on ground of unsoundness of mind to be detained in safe custody |
| 375. |
Power of State Government to empower officer in charge to discharge |
| 376. |
Procedure where prisoner of unsound mind is reported capable of making his defence |
| 377. |
Procedure where person of unsound mind detained is declared fit to be released |
| 378. |
Delivery of person of unsound mind to care of relative or friend |
| Chapter XXVIII |
Provisions as to Offences Affecting The Administration of Justice |
| 379. |
Procedure in cases mentioned in section 215 |
| 380. |
Appeal |
| 381. |
Power to order costs |
| 382. |
Definitions |
| 383. |
Summary procedure for trial for giving false evidence |
| 384. |
Procedure in certain cases of contempt |
| 385. |
Procedure where Court considers that case should not be dealt with under section 384 |
| 386. |
When Registrar or Sub-Registrar to be deemed a Civil Court |
| 387. |
Discharge of offender on submission of apology |
| 388. |
Imprisonment or committal of person refusing to answer or produce document |
| 389. |
Summary procedure for punishment for nonattendance by a witness in obedience to summons |
| 390. |
Appeals from convictions under sections 383, 384, 388 and 389 |
| 391. |
Certain Judges and Magistrates not to try certain offences when committed before themselves |
| Chapter XXIX |
The Judgment |
| 392. |
Judgment. |
| 393. |
Language and contents of judgment |
| 394. |
Order for notifying address of previously convicted offender |
| 395. |
Order to pay compensation |
| 396. |
Victim Compensation scheme |
| 397. |
Treatment of victims |
| 398. |
Witness protection scheme |
| 399. |
Compensation to persons groundlessly arrested |
| 400. |
Order to pay costs in non-cognizable cases |
| 401. |
Order to release on probation of good conduct or after admonition |
| 402. |
Special reasons to be recorded in certain cases |
| 403. |
Court not to alter judgment |
| 404. |
Copy of judgment to be given to accused and other persons |
| 405. |
Judgment when to be translated |
| 406. |
Court of Session to send copy of finding and sentence to District Magistrate |
| Chapter XXX |
Submission of Death Sentences for Confirmation |
| 407. |
Sentence of death to be submitted by Court of Session for confirmation |
| 408. |
Power to direct further inquiry to be made or additional evidence to be taken |
| 409. |
Power of High Court to confirm sentence or annul conviction |
| 410. |
Confirmation or new sentence to be signed by two Judges |
| 411. |
Procedure in case of difference of opinion |
| 412. |
Procedure in cases submitted to High Court for confirmation |
| Chapter XXXI |
Appeals |
| 413. |
No appeal to lie unless otherwise provided |
| 414. |
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour |
| 415. |
Appeals from convictions |
| 416. |
No appeal in certain cases when accused pleads guilty |
| 417. |
No appeal in petty cases |
| 418. |
Appeal by State Government against sentence |
| 419. |
Appeal in case of acquittal |
| 420. |
Appeal against conviction by High Court in certain cases |
| 421. |
Special right of appeal in certain cases |
| 422. |
Appeal to Court of Session how heard |
| 423. |
Petition of appeal |
| 424. |
Procedure when appellant in jail |
| 425. |
Summary dismissal of appeal |
| 426. |
Procedure for hearing appeals not dismissed summarily |
| 427. |
Powers of Appellate Court |
| 428. |
Judgments of subordinate Appellate Court |
| 429. |
Order of High Court on appeal to be certified to lower Court |
| 430. |
Suspension of sentence pending appeal; release of appellant on bail |
| 431. |
Arrest of accused in appeal from acquittal |
| 432. |
Appellate Court may take further evidence or direct it to be taken |
| 433. |
Procedure where Judges of Court of appeal are equally divided |
| 434. |
Finality of judgments and orders on appeal |
| 435. |
Abatement of appeals |
| Chapter XXXII |
Reference and Revision |
| 436. |
Reference to High Court |
| 437. |
Disposal of case according to decision of High Court |
| 438. |
Calling for records to exercise powers of revision |
| 439. |
Power to order inquiry |
| 440. |
Sessions Judge's powers of revision |
| 441. |
Power of Additional Sessions Judge |
| 442. |
High Court's powers of revision |
| 443. |
Power of High Court to withdraw or transfer revision cases |
| 444. |
Option of Court to hear parties |
| 445. |
High Court's order to be certified to lower Court |
| Chapter XXXIII |
Transfer of Criminal Cases |
| 446. |
Power of Supreme Court to transfer cases and appeals |
| 447. |
Power of High Court to transfer cases and appeals |
| 448. |
Power of Sessions Judge to transfer cases and appeals |
| 449. |
Withdrawal of cases and appeals by Sessions Judges |
| 450. |
Withdrawal of cases by Judicial Magistrates |
| 451. |
Making over or withdrawal of cases by Executive Magistrates |
| 452. |
Reasons to be recorded |
| Chapter XXXIV |
Execution, Suspension, Remission and Commutation of Sentences |
| 453. |
Execution of order passed under section 409 |
| 454. |
Execution of sentence of death passed by High Court |
| 455. |
Postponement of execution of sentence of death in case of appeal to Supreme Court |
| 456. |
Commutation of sentence of death on pregnant woman |
| 457. |
Power to appoint place of imprisonment |
| 458. |
Execution of sentence of imprisonment |
| 459. |
Direction of warrant for execution |
| 460. |
Warrant with whom to be lodged |
| 461. |
Warrant for levy of fine |
| 462. |
Effect of such warrant |
| 463. |
Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend |
| 464. |
Suspension of execution of sentence of imprisonment |
| 465. |
Who may issue warrant |
| 466. |
Sentence on escaped convict when to take effect |
| 467. |
Sentence on offender already sentenced for another offence |
| 468. |
Period of detention undergone by accused to be set off against sentence of imprisonment |
| 469. |
Saving |
| 470. |
Return of warrant on execution of sentence |
| 471. |
Short title, commencement and applicationMoney ordered to be paid recoverable as a fine |
| 472. |
Mercy petition in death sentence cases |
| 473. |
Power to suspend or remit sentences |
| 474. |
Power to commute sentence |
| 475. |
Restriction on powers of remission or commutation in certain cases |
| 476. |
Concurrent power of Central Government in case of death sentences |
| 477. |
State Government to act after concurrence with Central Government in certain cases |
| Chapter XXXV |
Provisions as to Bail And Bonds |
| 478. |
In what cases bail to be taken |
| 479. |
Maximum period for which undertrial prisoner can be detained |
| 480. |
When bail may be taken in case of non-bailable offence |
| 481. |
Bail to require accused to appear before next Appellate Court |
| 482. |
Direction for grant of bail to person apprehending arrest |
| 483. |
Special powers of High Court or Court of Session regarding bail |
| 484. |
Amount of bond and reduction thereof |
| 485. |
Bond of accused and sureties |
| 486. |
Declaration by sureties |
| 487. |
Discharge from custody |
| 488. |
Power to order sufficient bail when that first taken is insufficient |
| 489. |
Discharge of sureties |
| 490. |
Deposit instead of recognizance |
| 491. |
Procedure when bond has been forfeited |
| 492. |
Cancellation of bond and bail bond |
| 493. |
Procedure in case of insolvency or death of surety or when a bond is forfeited |
| 494. |
Bond required from child |
| 495. |
Appeal from orders under section 491 |
| 496. |
Power to direct levy of amount due on certain recognizances |
| Chapter XXXVI |
Disposal of Property |
| 497. |
Order for custody and disposal of property pending trial in certain cases |
| 498. |
Order for disposal of property at conclusion of trial |
| 499. |
Payment to innocent purchaser of money found on accused |
| 500. |
Appeal against orders under section 498 or section 499 |
| 501. |
Destruction of libellous and other matter |
| 502. |
Power to restore possession of immovable property |
| 503. |
Procedure by police upon seizure of property |
| 504. |
Procedure where no claimant appears within six months |
| 505. |
Power to sell perishable property |
| Chapter XXXVII |
Irregular Proceedings |
| 506. |
Irregularities which do not vitiate proceedings |
| 507. |
Irregularities which vitiate proceedings |
| 508. |
Proceedings in wrong place |
| 509. |
Non-compliance with provisions of section 183 or section 316 |
| 510. |
Effect of omission to frame, or absence of, or error in, charge |
| 511. |
Finding or sentence when reversible by reason of error, omission or irregularity |
| 512. |
Defect or error not to make attachment unlawful |
| Chapter XXXVIII |
Limitation for Taking Cognizance of Certain Offences |
| 513. |
Definitions |
| 514. |
Bar to taking cognizance after lapse of period of limitation |
| 515. |
Commencement of period of limitation |
| 516. |
Exclusion of time in certain cases |
| 517. |
Exclusion of date on which Court is closed |
| 518. |
Continuing offence |
| 519. |
Extension of period of limitation in certain cases |
| Chapter XXXIX |
Miscellaneous |
| 520. |
Trials before High Courts |
| 521. |
Delivery to commanding officers of persons liable to be tried by Court-martial |
| 522. |
Forms |
| 523. |
Power of High Court to make rules |
| 524. |
Power to alter functions allocated to Executive Magistrate in certain cases |
| 525. |
Cases in which Judge or Magistrate is personally interested |
| 526. |
Practising advocate not to sit as Magistrate in certain Courts |
| 527. |
Public servant concerned in sale not to purchase or bid for property |
| 528. |
Saving of inherent powers of High Court |
| 529. |
Duty of High Court to exercise continuous superintendence over Courts |
| 530. |
Trial and proceedings to be held in electronic mode |
| 531. |
Repeal and savings |
| The First Schedule |
Classification of Offences |
| I. |
Offences under The Bharatiya Nyaya Sanhita |
| II. |
Classification of Offences Against Other Laws |
| The Second Schedule |
|
| Form No.1 |
Notice for Appearance by The Police |
| Form No.2 |
Summons to an Accused Person |
| Form No.3 |
Warrant of Arrest |
| Form No.4 |
Bond and Bail-Bond after Arrest under a Warrant |
| Form No.5 |
Proclamation Requiring The Appearance of A Person Accused |
| Form No.6 |
Proclamation Requiring The Attendance of a Witness |
| Form No.7 |
Order of Attachment to Compel The Attendance of a Witness |
| Form No.8 |
Order of Attachment to Compel The Appearance of a Person Accused |
| Form No.9 |
Order Authorising an Attachment by The District Magistrate or Collector |
| Form No.10 |
Warrant in The First Instance to Bring up a Witness |
| Form No.11 |
Warrant to Search after Information of a Particular Offence |
| Form No.12 |
Warrant to Search Suspected Place of Deposit |
| Form No.13 |
Bond to keep The Peace |
| Form No.14 |
Bond for Good Behavior |
| Form No.15 |
Summons on Information of a Probable Breach of The Peace |
| Form No.16 |
Warrant of Commitment on Failure to find Security to keep The Peace |
| Form No.17 |
Warrant of Commitment on Failure to find Security for Good Behavior |
| Form No.18 |
Warrant to Discharge a Person Imprisoned on Failure to give Security |
| Form No.19 |
Warrant of Imprisonment on Failure to Pay Maintenance |
| Form No.20 |
Warrant to Enforce The Payment of Maintenance by Attachment and Sale |
| Form No.21 |
Order for The Removal of Nuisances |
| Form No.22 |
Magistrate's Notice and Peremptory Order |
| Form No.23 |
Injunction to Provide Against Imminent Danger Pending Inquiry |
| Form No.24 |
Magistrate's Order Prohibiting The Repetition, Etc., of a Nuisance |
| Form No.25 |
Magistrate's Order to Prevent Obstruction, Riot, Etc. |
| Form No.26 |
Magistrate's Order Declaring Party Entitled to Retain Possession of Land, Etc., in Dispute |
| Form No.27 |
Warrant of Attachment in The Case of a Dispute as to The Possession of Land, Etc. |
| Form No.28 |
Magistrate's Order Prohibiting The Doing of anything on Land or Water |
| Form No.29 |
Bond and Bail-Bond on a Preliminary Inquiry before a Police Officer |
| Form No.30 |
Bond to Prosecute or Give Evidence |
| Form No.31 |
Special Summons to a Person Accused of a Petty Offence |
| Form No.32 |
Notice of Commitment by Magistrate to Public Prosecutor |
| Form No.33 |
Charges |
| Form No.34 |
Summons to Witness |
| Form No.35 |
Warrant of Commitment on a Sentence of Imprisonment or Fine if Passed by a Court |
| Form No.36 |
Warrant of Imprisonment on Failure to Pay Compensation |
| Form No.37 |
Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence |
| Form No.38 |
Order Requiring Production in Court of Person in Prison for giving Evidence |
| Form No.39 |
Warrant of Commitment in Certain Cases of Contempt when a fine is Imposed |
| Form No.40 |
Magistrate's or Judge's Warrant of Commitment of Witness Refusing to Answer or to Produce Document |
| Form No.41 |
Warrant of Commitment Under Sentence of Death |
| Form No.42 |
Warrant after a Commutation of a Sentence |
| Form No.43 |
Warrant of Execution of a Sentence of Death |
| Form No.44 |
Warrant to Levy a Fine by Attachment and Sale |
| Form No.45 |
Warrant for Recovery of Fine |
| Form No.46 |
Bond for Appearance of Offender Released Pending Realisation of Fine |
| Form No.47 |
Bond and Bail-Bond for Attendance before Officer in Charge of Police Station or Court |
| Form No.48 |
Warrant to Discharge a Person Imprisoned on Failure to give Security |
| Form No.49 |
Warrant of Attachment to Enforce a Bond |
| Form No.50 |
Notice to Surety on Breach of a Bond |
| Form No.51 |
Notice to Surety of Forfeiture of Bond for Good Behavior |
| Form No.52 |
Warrant of Attachment Against a Surety |
| Form No.53 |
Warrant of Commitment of The Surety of an Accused Person Admitted to Bail |
| Form No.54 |
Notice to The Principal of Forfeiture of Bond to keep The Peace |
| Form No.55 |
Warrant to Attach The Property of The Principal on Breach of a Bond to keep The Peace |
| Form No.56 |
Warrant of Imprisonment on Breach of a Bond to keep The Peace |
| Form No.57 |
Warrant of Attachment and Sale on Forfeiture of Bond for Good Behavior |
| Form No.58 |
Warrant of Imprisonment on Forfeiture of Bond for Good Behavior |
