THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a comprehensive legislative act enacted to reform and modernize India's criminal procedure laws, replacing the previous Code of Criminal Procedure (CrPC) of 1973. This new code aims to enhance the efficiency, transparency, and responsiveness of the criminal justice system.

Background and Enactment Timeline:

Introduction: The BNSS was introduced in the Lok Sabha by the Home Minister on August 11, 2023

Legislative Process:

The initial bill was withdrawn on December 12, 2023, and replaced with the Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023.

The revised bill was passed by the Lok Sabha on December 20, 2023, and by the Rajya Sabha on December 21, 2023.

Presidential Assent and Commencement: The President of India gave assent on December 25, 2023, and the BNSS came into force on July 1, 2024.

Key Features and Changes:

1. Structural Composition: The BNSS comprises 39 chapters and 531 sections, reorganizing and updating various procedural aspects of criminal law.
2. Forensic Investigations: It mandates forensic investigations for offenses punishable with seven years of imprisonment or more, ensuring that forensic experts visit crime scenes to collect and document evidence.
3. Digital Integration: The code facilitates the use of electronic modes at various stages of investigation and trial, promoting efficiency and reducing delays.
4. Rights of the Accused: The BNSS strengthens the rights of the accused by providing safeguards such as the right to a lawyer of choice during interrogation and the right to a fair trial.
5. Bail Provisions: The code introduces changes to bail provisions, aiming to balance the rights of the accused with societal interests.
6. Property Seizure: It grants police the discretion to seize and attach the property of an accused before a trial, aiming to prevent the dissipation of assets.
7. Preliminary Inquiry: For cognizable offenses punishable by three to seven years, the BNSS mandates a preliminary inquiry before an FIR can be lodged, aiming to prevent frivolous cases.

Criticisms:

Increased Police Powers: Concerns have been raised that the BNSS enhances police powers, potentially affecting individual rights.

Bail Challenges: The new provisions may make it more challenging for the accused to secure bail, raising concerns about prolonged detentions.

Digital Privacy: Allowing authorities to compel the production of digital devices has sparked debates about privacy rights.

2. Key Features of BNSS

A. Changes in FIR & Investigation

🔹 Electronic FIRs: FIRs can now be filed electronically.

🔹 Preliminary Inquiry: Required for offenses punishable by 3-7 years before registering an FIR.

🔹 Forensic Investigations: Compulsory for crimes with punishment of 7+ years (e.g., murder, rape).

B. Arrest & Custody Reforms

🔹 Handcuffing Allowed: For habitual offenders or serious crimes.

🔹 Police Custody Period Increased: From 15 days to 90 days in special cases, which can be non-continuous.

C. Bail & Pre-Trial Provisions

🔹 Summons & Warrants Digitized: These can now be sent electronically.

🔹 Bail Decisions: Prioritizes the rights of victims while balancing the accused’s rights.

🔹 Detention Without Trial: Courts must ensure that undertrials are not detained beyond half of the maximum sentence.

D. Use of Technology in Trials

🔹 E-Courts & Virtual Trials: Statements can be recorded via video conferencing.

🔹 Digital Case Management: Ensures faster disposal of cases through digital submission of documents.

E. Property Seizure & Financial Penalties

🔹 Property Attachment: Police can attach a suspect's property before trial.

🔹 Increased Compensation for Victims: More financial compensation for crime victims.

F. Trials & Sentencing

🔹 Death Sentence Review: Now includes a full bench (minimum 3 judges) for death sentence confirmations.

🔹 Faster Disposal of Cases: Time limits introduced for various stages of trials.

3. Key Differences: CrPC vs. BNSS

Feature	CrPC, 1973	BNSS, 2023
FIR Registration	Physical Copy Needed	Allowed via electronic means
Handcuffing Rules	Restricted	Permitted for habitual offenders
Forensic Evidence	Optional	Mandatory for serious crimes
Police Custody Limit	15 days max	Up to 90 days (non-continuous)
Summons & Warrants	Manual Process	Digital summons allowed
Bail Provisions	Less Restrictive	Tighter control over bail approvals
Video Conferencing	Limited Use	Enabled for statements & trials

4. Criticism & Concerns

1. Potential for Police Abuse: Increased police powers (handcuffing, longer custody).
2. Stricter Bail Conditions: May lead to prolonged pre-trial detentions.
3. Digital Evidence & Privacy Risks: Compelling access to electronic devices raises privacy concerns.
4. Impact on Press Freedom & Activists: Possibility of misuse against journalists & dissenters.

Despite these concerns, the BNSS aims to modernize India's criminal justice system, ensuring quicker trials, reduced pendency, and better victim protection.

Impact of BNSS, 2023

Faster Justice – Introduction of time-bound procedures ensures quicker trials and reduced case pendency.

Transparency & Accountability – Digital documentation and video recording of arrests/interrogations reduce corruption.

Stronger Citizen Rights – Ensures fair treatment of accused, victims, and witnesses.

Modernization of Law Enforcement – Promotes digital evidence, forensic advancements, and better policing.

Effective Crime Control – Stricter laws on terrorism, organized crime, and cybercrimes ensure national security.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita, 2023 is a progressive step toward a faster, more transparent, and technologically advanced criminal justice system. It strengthens citizen rights, modernizes law enforcement, and ensures effective prosecution, making India’s legal framework more robust and people-centric.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

CHAPTER I- PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

3. Construction of references.

4. Trial of offences under Bhartiya Nyaya Sanhita 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-in-office.

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 the affairs of a village to make certainreport.

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 the 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 the 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 the 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 the Sanhita.

CHAPTER VI- PROCESSES TO COMPEL APPEARANCE

A.—Summons

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 by post.

B.—Warrant of arrest

72. Form of warrant of arrest and duration.

73. Power to direct security to be taken.

74. Warrants to whom directed.

75. Warrant may be directed to any person.

76. Warrant directed to police officer.

77. Notification of substance of warrant.

78. Where warrant may be executed.

79. Where warrant may be executed.

80. Warrant forwarded for execution outside jurisdiction.

81. Warrant directed to police officer for execution outside jurisdiction.

82. Procedure on arrest of person against whom warrant issued.

83. Procedure by Magistrate before whom such person arrested is brought.

C.—Proclamation and attachment

84. Proclamation for person absconding.

85. Attachment of property of person absconding.

86. Identification and attachment of property of proclaimed person.

87. Claims and objections to attachment.

88. Release, sale and restoration of attached property.

89. Appeal from order rejecting application for restoration of attached property.

D.—Other rules regarding processes

90. Issue of warrant in lieu of, or in addition to, summons.

91. Power to take bond for appearance.

92. Arrest on breach of bond for appearance.

93. Provisions of this Chapter generally applicable to summonses and warrants of arrest.

CHAPTER VII-PROCESS TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

94. Summons to produce document or other thing.

95. Procedure as to letters and telegrams.

B.—Search-warrants

96. When search-warrant may be issued.

97. Search of place suspected to contain stolen property, forged documents, etc.

98. Power to declare certain publications forfeited and to issue search-warrants for thesame.

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.

C.—Miscellaneous

105. Recording of search and seizure through audio-video electronic means.

106. Power of police officer to seize certain property.

107. Attachment, forfeiture or restoration of property.

108. Magistrate may direct search in his presence.

109. Power to impound document, etc., produced.

110. Reciprocal arrangements regarding processes.

CHAPTER VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

111. Definitions.

112. Letter of request to competent authority for investigation in a country or placeoutside 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 the peace on conviction.

126. Security for keeping the peace in other cases.

127. Security for good behaviour from persons disseminating seditious matters.

128. Security for good behaviour from suspected persons.

129. Security for good behaviour from habitual offenders.

130. Order to be made.

131. Procedure in respect of person present in Court.

132. Summons or warrant in case of person not so present.

133. Copy of order to accompany summons or warrant.

134. Power to dispense with personal attendance.

135. Inquiry as to truth of information.

136. Order to give security.

137. Discharge of person informed against.

138. Commencement of period for which security is required.

139. Contents of bond.

140. Power to reject sureties.

141. Imprisonment in default of security.

142. Power to release persons imprisoned for failing to give security.

143. Security for unexpired period of bond.

CHAPTER X-ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

144. Order for maintenance of wives, children and parents.

145. Procedure.

146. Alteration in allowance.

147. Enforcement of order of maintenance.

CHAPTER XI - MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

148. Dispersal of assembly by use of civil force.

149. Use of armed forces to disperse assembly.

150. Power of certain armed force officers to disperse assembly.

151. Protection against prosecution for acts done under sections 148, 149 and 150.

B.—Public nuisances

152. Conditional order for removal of nuisance.

153. Service or notification of order.

154. Person to whom order is addressed to obey or show cause.

155. Consequences of his failing to do so.

156. Procedure where existence of public right is denied.

157. Procedure where he appears to show cause.

158. Power of Magistrate to direct local investigation and examination of an expert.

159. Power of Magistrate to furnish written instructions, etc.

160. Procedure on order being made absolute and consequences of disobedience.

161. Injunction pending inquiry.

162. Magistrate may prohibit repetition or continuance of public nuisance.

C.—Urgent cases of nuisance or apprehended danger

163. Power to issue order in urgent cases of nuisance or apprehended danger.

D.—Disputes as to immovable property

164. Procedure where dispute concerning land or water is likely to cause breach of peace.

165. Power to attach subject of dispute and to appoint receiver.

166. Dispute concerning right of use of land or water.

167. Local inquiry.

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 the 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 not to be signed: Use of statements in evidence.

182. No inducement to be offered.

183. Recording of confessions and statements.

184. Medical examination of the 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 subjected 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 Magistrates.

211. Transfer on application of the accused.

212. Making over of cases to Magistrates.

213. Cognizance of offences by Courts 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 the State and for criminal conspiracy to commitsuch offence.

218. Prosecution of Judges and public servants.

219. Prosecution for offences against marriage.

220. Prosecution of offences under section 498A of the Bhartiya 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 the case.

225. Postponement of issue of process.

226. Dismissal of complaint.

CHAPTER XVII- COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

227. Issue of process.

228. Magistrate may dispense with personal attendance of accused.

229. Special summons in cases of petty offence.

230. Supply to the 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 inrespect of the same offence.

CHAPTER XIVIII-THE CHARGE

A.—Form of charges

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 section 223(1).

CHAPTER XX-TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

261. Compliance with section 231.

262. When accused shall be discharged.

263. Framing of charge.

264. Conviction on plea of guilty.

265. Evidence for prosecution.

266. Evidence for defence.

B.—Cases instituted otherwise than on police report

267. Evidence for prosecution.

268. When accused shall be discharged.

269. Procedure where accused is not discharged.

270. Evidence for defence.

C.-Conclusion of trial

271. Acquittal or conviction.

272. Absence of complainant.

273. Compensation for accusation without reasonable cause.

CHAPTER XXI-TRIAL OF SUMMONS-CASES BY MAGISTRATES

274. Substance of accusation to be stated.

275. Conviction on plea of guilty.

276. Conviction on plea of guilty in absence of accused in petty cases.

277. Procedure when not convicted.

278. Acquittal or conviction.

279. Non-appearance or death of complainant.

280. Withdrawal of complaint.

281. Power to stop proceedings in certain cases.

282. Power of Court to convert summons-cases into warrant-cases.

CHAPTER XXII-SUMMARY TRIALS

283. Power to try summarily.

284. Summary trial by Magistrate of the 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 the Chapter.

290. Application for plea bargaining.

291. Guidelines for mutually satisfactory disposition.

292. Report of the mutually satisfactory disposition to be submitted before the Court.

293. Disposal of the case.

294. Judgment of the Court.

295. Finality of the judgment.

296. Power of the Court in plea bargaining.

297. Period of detention undergone by the accused to be set off against the sentence of imprisonment.

298. Savings.

299. Statements of accused not to be used.

300. Non-application of the Chapter.

CHAPTER XXIV-ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

301. Definitions.

302. Power to require attendance of prisoners.

303. Power of State Government or Central Government to exclude certain persons from

operation of section 302.

304. Officer in charge of prison to abstain from carrying out order in certain contingencies.

305. Prisoner to be brought to Court in custody.

306. Power to issue commission for examination of witness in prison.

CHAPTER XXV-EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

307. Language of Courts.

308. Evidence to be taken in presence of accused.

309. Record in summons-cases and inquiries.

310. Record in warrant-cases.

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 pleader.

315. Remarks respecting demeanour of witness.

316. Record of examination of accused.

317. Interpreter to be bound to interpret truthfully.

318. Record in High Court.

B.-Commissions for the examination of witnesses

319. When attendance of witness may be dispensed with and commission issued.

320. Commission to whom to be issued.

321. Execution of commissions.

322. Parties may examine witnesses.

323. Return of commission.

324. Adjournment of proceeding.

325. Execution of foreign commissions.

326. Deposition of medical witness.

327. Identification report of Magistrate.

328. Evidence of officers of the 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.

337. Person once convicted or acquitted not to be tried for same offence.

CHAPTER XXVI-GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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.

350. Expenses of complainants and witnesses.

351. Power to examine the 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 the absence of accused in certaincases.

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 orproperty.

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 WITH MENTAL ILLNESS

367. Procedure in case of accused being person with mental illness.

368. Procedure in case of person with mental illness tried before Court.

369. Release of person with mental illness 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 mental illness.

374. Person acquitted on such ground to be detained in safe custody.

375. Power of State Government to empower officer-in-charge to discharge.

376. Procedure where prisoner with mental illness is reported capable of making hisdefence.

377. Procedure where person with mental illness detained is declared fit to be released.

378. Delivery of person with mental liabilities to care of relative or friend.

CHAPTER XXVIII-PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

379. Procedure in cases mentioned in section 215.

380. Appeal.

381. Power to order costs.

382. Procedure of Magistrate taking cognizance.

383. Summary procedure for trial for giving false evidence.

384. Procedure in certain cases of contempt.

385. Procedure where Court considers that case should not be dealt with under section384.

386. When Registrar or Sub-Registrar to be deemed a Civil Court.

387. Discharge of offender on submission of apology.

388. Imprisonment or committal of person refusing to answer or produce document.

389. Summary procedure for punishment for non-attendance by a witness in obedience

to summons.

390. Appeals from convictions under sections 383, 384, 388 and 389.

391. Certain Judges and Magistrates not to try certain offences when committed before

themselves.

392. Judgment.

393. Language and contents of judgment.

394. Order for notifying address of previously convicted offender.

395. Order to pay compensation.

396. Victim compensation scheme.

397. Treatment of victims.

398. Witness protection scheme.

399. Compensation to persons groundlessly arrested.

400. Order to pay costs in non-cognizable cases.

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

402. Special reasons to be recorded in certain cases.

403. Court not to alter judgment.

404. Copy of judgment to be given to the 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 XXIX - 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 XXX-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 the 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 the 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 the 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 XXXI-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. Statement by Magistrate of grounds of his decision to be considered by High Court.

446. High Court's order to be certified to lower Court.

CHAPTER XXXII-TRANSFER OF CRIMINAL CASES

447. Power of Supreme Court to transfer cases and appeals.

448. Power of High Court to transfer cases and appeals.

449. Power of Sessions Judge to transfer cases and appeals.

450. Withdrawal of cases and appeals by Session Judge.

451. Withdrawal of cases by Judicial Magistrate.

452. Making over or withdrawal of cases by Executive Magistrates.

453. Reasons to be recorded.

CHAPTER XXXIII- EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death Sentences

454. Execution of order passed under section 410.

455. Execution of sentence of death passed by High Court.

456. Postponement of execution of sentence of death in case of appeal to Supreme Court.

457. Postponement of capital sentence on pregnant woman.

B.—Imprisonment

458. Power to appoint place of imprisonment.

459. Execution of sentence of imprisonment.

460. Direction of warrant for execution.

461. Warrant with whom to be lodged.

C.—Levy of fine

462. Warrant for levy of fine.

463. Effect of such warrant.

464. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.

465. Suspension of execution of sentence of imprisonment.

D.—General provisions regarding execution

466. Who may issue warrant.

467. Sentence on escaped convict when to take effect.

468. Sentence on offender already sentenced for another offence.

469. Period of detention undergone by the accused to be set off against the sentence of imprisonment.

470. Saving.

471. Return of warrant on execution of sentence.

472. Money ordered to be paid recoverable as a fine.

473. Mercy Petition in death sentence cases.

474. Power to suspend or remit sentences.

475. Power to commute sentence.

476. Restriction on powers of remission or commutation in certain cases.

477. Concurrent power of Central Government in case of death sentences.

478. State Government to act after concurrence with Central Government in certain cases.

CHAPTER XXXIV- PROVISIONS AS TO BAIL AND BONDS

479. Bail and bond.

480. In what cases bail to be taken.

481. Maximum period for which an undertrial prisoner can be detained.

482. When bail may be taken in case of non-bailable offence.

483. Bail to require accused to appear before next appellate Court.

484. Direction for grant of bail to person apprehending arrest.

485. Special powers of High Court or Court of Session regarding bail.

486. Amount of bond and reduction thereof.

487. Bond of accused and sureties.

488. Declaration by sureties.

489. Discharge from custody.

490. Power to order sufficient bail when that first taken is insufficient.

491. Discharge of sureties.

492. Deposit instead of recognizance.

493. Procedure when bond has been forfeited.

494. Cancellation of bond and bail bond.

495. Procedure in case of insolvency of death of surety or when a bond is forfeited.

496. Bond required from minor.

497. Appeal from orders under section 446.

498. Power to direct levy of amount due on certain recognizances. 

CHAPTER XXXV-DISPOSAL OF PROPERTY

499. Order for custody and disposal of property pending trial in certain cases.

500. Order for disposal of property at conclusion of trial.

501. Payment to innocent purchaser of money found on accused.

502. Appeal against orders under section 500 or section 501.

503. Destruction of libellous and other matter.

504. Power to restore possession of immovable property.

505. Procedure by police upon seizure of property.

506. Procedure where no claimant appears within six months.

507. Power to sell perishable property.

CHAPTER XXXVI-IRREGULAR PROCEEDINGS

508. Irregularities which do not vitiate proceedings.

509. Irregularities which vitiate proceedings.

510. Proceedings in wrong place.

511. Non-compliance with provisions of section 183 or section 316.

512. Effect of omission to frame, or absence of, or error in, charge.

513. Finding or sentence when reversible by reason of error, omission or irregularity.

514. Defect or error not to make attachment unlawful.

CHAPTER XXXVII-LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

515. Definitions.

516. Bar to taking cognizance after lapse of the period of limitation.

517. Commencement of the period of limitation.

518. Exclusion of time in certain cases.

519. Exclusion of date on which Court is closed.

520. Continuing offence.

521. Extension of period of limitation in certain cases.

CHAPTER XXXVIII MISCELLANEOUS

522. Trials before High Courts.

523. Delivery to commanding officers of persons liable to be tried by Court-martial.

524. Forms.

525. Power of High Court to make rules.

526. Power to alter functions allocated to Executive Magistrate in certain cases.

527. Case in which Judge or Magistrate is personally interested.

528. Practicing advocate not to sit as Magistrate in certain Courts.

529. Public servant concerned in sale not to purchase or bid for property.

530. Saving of inherent powers of High Court.

531. Duty of High Court to exercise continuous superintendence over Courts.

532. Trial and proceedings to be held in electronic mode.

533. Repeal and savings.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.