Bharatiya Nagarik Suraksha Sanhita

Short title, extent and commencement

Provides the official name of the Act, defines its geographical jurisdiction (excluding Nagaland and certain tribal areas except for specific chapters), and states that its commencement date is determined by Government notification.

Definitions

Defines various legal terms used throughout the Sanhita, including 'bail', 'bailable offence', 'cognizable offence', 'investigation', and 'victim' to ensure consistent interpretation.

Construction of references

Explains how references to Magistrates in other laws should be interpreted and divides functions between Judicial Magistrates (legal decisions/trials) and Executive Magistrates (administrative/licensing).

Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws

Mandates that all offences under the BNS and other laws follow the BNSS procedure, unless a specific law provides its own special procedure.

Saving

A 'saving clause' that ensures that the Sanhita does not override existing special or local laws unless specifically stated.

Classes of Criminal Courts

Establishes the hierarchy of criminal courts in every state, identifying four main classes: Courts of Session, Judicial Magistrates of the first and second class, and Executive Magistrates.

Territorial divisions

Outlines the geographical organization of criminal administration into sessions divisions, districts, and sub-divisions, giving State Governments the power to modify these boundaries.

Court of Session

This section outlines the establishment and presiding officers of the Court of Session, including the appointment of Judges and Additional Judges by the High Court. It also provides protocols for handling urgent applications during a Judge's vacancy or absence.

Courts of Judicial Magistrates

Provides for establishment and jurisdiction of Judicial Magistrate Courts. High Court appoints presiding officers and may confer powers on civil judges.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

Defines the appointment and powers of Chief Judicial Magistrates, Additional Chief Judicial Magistrates, and Sub-divisional Judicial Magistrates by the High Court in every district.

Special Judicial Magistrates

Allows the High Court, upon government request, to appoint qualified government officials as Special Judicial Magistrates for specific cases for up to one year.

Local Jurisdiction of Judicial Magistrates

Empowers the Chief Judicial Magistrate to define local limits for magistrates' jurisdiction, which defaults to the entire district.

Subordination of Judicial Magistrates

Establishes the judicial hierarchy where the CJM is subordinate to the Sessions Judge, and other magistrates are subordinate to the CJM.

Executive Magistrates

Defines the appointment and powers of Executive Magistrates, including District Magistrates and Sub-divisional Magistrates, by the State Government.

Special Executive Magistrates

Empowers the State Government to appoint Special Executive Magistrates, including senior police officers, for specific areas or functions.

Local Jurisdiction of Executive Magistrates

Allows the District Magistrate, under state control, to define local limits for Executive Magistrates, which otherwise cover the whole district.

Subordination of Executive Magistrates

Establishes the hierarchy for Executive Magistrates, placing them under the District Magistrate, and those in sub-divisions under the SDM.

Public Prosecutors

Defines the framework for appointing Public Prosecutors and Additional PPs at High Court and District levels, specifying qualification criteria.

Assistant Public Prosecutors

Mandates the appointment of Assistant Public Prosecutors for Magistrate Courts and defines restrictions on appointing police officers as APPs.

Directorate of Prosecution

Establishes a structured Directorate of Prosecution to oversee and monitor criminal cases based on their severity and punishment terms.

Courts by which offences are triable

Specifies the courts competent to try offences under BNS and other laws, including a mandate for woman judges in specific sexual offence cases.

Sentences which High Courts and Sessions Judges may pass

Defines the sentencing powers of the High Court and Sessions Judges, noting that death sentences by Sessions Judges require High Court confirmation.

Sentences which Magistrates may pass

Specifies the sentencing limits for CJMs and Magistrates, and introduces 'Community Service' as a new form of punishment for minor offences.

Sentence of imprisonment in default of fine

Lays down the rules for awarding imprisonment if a convict fails to pay a fine, limiting it to one-fourth of the magistrate's maximum sentencing power.

Sentence in cases of conviction of several offences at one trial

Regulates the court's power to award multiple sentences in a single trial, setting a 20-year cap on total imprisonment.

Mode of conferring powers

Describes how the High Court or State Government can confer legal powers—either to specific individuals or by official title.

Powers of officers appointed

Ensures continuity of legal powers for government officers when they are appointed to equivalent or higher positions within the same state.

Withdrawal of powers

Specifies the authority of the High Court, State Government, CJM, or District Magistrate to revoke any powers they have previously granted.

Powers of Judges and Magistrates exercisable by their successors-in office

Authorizes successors-in-office to carry out the duties and powers of their predecessors and defines who determines the successor in case of doubt.

Powers of superior officers of police

Empowers senior police officers to exercise the same authorities as a station in-charge (SHO) throughout their larger assigned jurisdiction.

Public when to assist Magistrates and police

States the legal obligation of every person to assist Magistrates or police in making arrests, keeping the peace, or protecting public property.

Aid to person, other than police officer, executing warrant

Allows members of the public to assist a non-police officer in executing a warrant, provided that person is present and actively carrying it out.

Public to give information of certain offences

Imposes a legal duty on every citizen to immediately inform the authorities about serious crimes like murder, organized crime, or theft if they are aware of them.

Duty of officers employed in connection with affairs of a village to make certain report

Mandates village officers and residents to report specific illegal activities, suspicious deaths, or known criminals to the nearest Magistrate or police station.

When police may arrest without warrant

Specifies the conditions under which a police officer can arrest a person without a warrant, emphasizing procedural safeguards for offences punishable by less than seven years.

Procedure of arrest and duties of officer making arrest

Mandates that every police officer making an arrest must wear clear identification, prepare a witnessed arrest memo, and inform the arrestee of their right to notify someone.

Designated police officer

Requires State Governments to establish police control rooms and designate an officer (ASI or above) responsible for publicly displaying details of arrested persons.

Right of arrested person to meet an advocate of his choice during interrogation

Guarantees an arrested person's right to consult their chosen advocate during police interrogation, ensuring legal representation.

Arrest on refusal to give name and residence

Authorizes the police to arrest a person who commits a non-cognizable offence but refuses to provide their name or residence, strictly for identification purposes.

Arrest by private person and procedure on such arrest

Empowers any private citizen to arrest a person committing a non-bailable, cognizable offence or a proclaimed offender in their presence, with a mandatory 6-hour handover limit.

Arrest by Magistrate

Empowers Executive and Judicial Magistrates to arrest any person committing an offence in their presence within their local jurisdiction.

Protection of members of Armed Forces from arrest

Provides legal immunity to Armed Forces members from arrest for actions performed during official duties without prior government consent.

Arrest how made

Specifies the physical process of arrest, including special protections for women and new provisions allowing handcuffs for grave offences and repeat offenders.

Search of place entered by person sought to be arrested

Allows the police to enter and search any premises where an accused person is suspected to be hiding, with specific protocols for entering women's quarters.

Pursuit of offenders into other jurisdictions

Permits a police officer to pursue and arrest a person they are authorized to arrest (without a warrant) in any location across India.

No unnecessary restraint

Prohibits the use of excessive physical restraint on an arrested person, allowing only what is necessary to prevent their escape.

Person arrested to be informed of grounds of arrest and of right to bail

Mandates that every arrested person must be immediately informed of the specific grounds for their arrest and, in bailable cases, their right to secure bail.

Obligation of person making arrest to inform about arrest, etc., to relative or friend

Requires the police to notify a relative or friend of the arrested person about the arrest and place of detention, ensuring legal transparency.

Search of arrested person

Authorizes the search of an arrested person who cannot be released on bail, ensuring the safe custody of their belongings (except basic clothing) with a required receipt.

Power to seize offensive weapons

Empowers the police or the person making an arrest to seize any offensive weapons from the arrestee and deliver them to the relevant Court or officer.

Examination of accused by medical practitioner at request of police officer

Allows the medical examination of an accused at the request of a police officer to collect evidence, including DNA profiling and other scientific tests.

Examination of person accused of rape by medical practitioner

Specifies rigorous protocols for the medical examination of persons accused of rape, requiring government doctors to record injuries, DNA samples, and precise reasons for clinical conclusions.

Examination of arrested person by medical officer

Mandates a medical examination for every arrested person immediately after arrest to document their physical condition and injuries, with a copy of the report provided to them.

Identification of person arrested

Empowers the Court to direct a Test Identification Parade (TIP) for investigation; includes special protections and audio-video recording for identifiers with disabilities.

Procedure when police officer deputes subordinate to arrest without warrant

Outlines the procedure for a police officer to delegate an arrest (without a warrant) to a subordinate, requiring a written order that must be shown to the arrestee upon request.

Health and safety of arrested person

Places a mandatory duty on the person holding an accused in custody to ensure their reasonable health and safety.

Person arrested to be taken before Magistrate or officer in charge of police station

Mandates that every person arrested without a warrant must be produced before a Magistrate or the Officer-in-Charge of a police station without unnecessary delay.

Person arrested not to be detained more than twenty-four hours

Strictly limits police detention without a Magistrate's warrant to 24 hours, excluding travel time.

Police to report apprehensions

Mandates SHOs to report all warrant-less arrests within their jurisdiction to the District Magistrate or Sub-divisional Magistrate.

Discharge of person apprehended

Specifies that an arrested person can only be discharged through a personal bond, a bail bond, or a special order from a Magistrate.

Power, on escape, to pursue and retake

Provides authority to pursue and re-arrest any person who escapes or is rescued from lawful custody anywhere in India, including the right to search places.

Arrest to be made strictly according to Sanhita

Explicitly mandates that all arrests must strictly follow the procedures laid down in the BNSS or other specific laws in force.

Form of summons

Specifies the formal requirements for a summons, now explicitly including modern electronic forms with digital signatures or encrypted communication.

Summons how served

Details the methods of serving a summons, prioritizing personal service but now explicitly permitting electronic communication for summons bearing the court's seal.

Service of summons on corporate bodies, firms, and societies

Prescribes the methods for serving a summons on companies, corporations, firms, and societies, allowing for service on key officers/partners or via registered post.

Service when persons summoned cannot be found

Allows for service of summons on any adult family member residing with the summoned person if they cannot be found despite due diligence; explicitly excludes servants.

Procedure when service cannot be effected as before provided

Specifies the procedure for substituted service by affixture when primary methods fail despite due diligence; the Court must then verify the effectiveness of such service.

Service on Government servant

Lays down the procedure for serving a summons on a person in government service through the head of their office, whose signature serves as evidence of receipt.

Service of summons outside local limits

Governs the service of summons on individuals residing outside the issuing Court's local jurisdiction, requiring the summons to be sent to a Magistrate in the target area.

Proof of service in such cases and when serving officer not present

Specifies the methods for proving service of a summons when the serving officer is absent or service occurred outside the local jurisdiction, notably declaring electronic summons as 'duly served' if attested.

Service of summons on witness

Allows simultaneous service of summons on witnesses via electronic communication or registered post; deemed duly served upon acknowledgement, refusal, or proof of digital delivery.

Form of warrant of arrest and duration

Defines the legal form of an arrest warrant—written, signed, and sealed—and establishes that it remains valid until executed or officially cancelled.

Power to direct security to be taken

Empowers the Court to issue 'Bailable Warrants' by endorsing the warrant with directions to release the arrested person if they provide sufficient security (bail bonds) for future attendance.

Warrants to whom directed

Specifies that arrest warrants are primarily directed to police officers but allows for direction to any individual in cases of urgent necessity when no police officer is available.

Warrant may be directed to any person

Allows Magistrates to direct arrest warrants to private individuals specifically for catching escaped convicts, proclaimed offenders, or those accused of non-bailable offences within their property.

Warrant directed to police officer

Permits a police officer to whom a warrant is directed to authorize any other police officer to execute the arrest by endorsing their name on the warrant.

Notification of substance of warrant

Mandates that the arresting officer must inform the person being arrested about the core facts of the warrant and produce the physical warrant if requested.

Person arrested to be brought before Court without delay

Requires that any person arrested under a warrant must be produced before the Court within 24 hours, excluding travel time, to protect against unlawful detention.

Where warrant may be executed

Confirms the pan-India jurisdiction of arrest warrants, allowing them to be executed in any state or union territory regardless of where they were issued.

Warrant forwarded for execution outside jurisdiction

Details the formal process for executing an arrest warrant in another jurisdiction by forwarding it to the local Executive Magistrate or Police Chief, accompanied by necessary case information for bail consideration.

Warrant directed to police officer for execution outside jurisdiction

Governs the procedure for a police officer executing a warrant outside their jurisdiction, generally requiring local endorsement from a Magistrate or SHO but allowing for direct execution in cases of extreme urgency.

Procedure on arrest of person against whom warrant issued

Specifies the legal steps following an out-of-district arrest, including a mandatory 30km rule for producing the arrestee and a new requirement to immediately notify the relevant police officers in both the arrest district and the person's home district.

Procedure by Magistrate before whom such person arrested is brought

Governs the procedure when an arrestee is brought before a local authority outside the issuing district, outlining conditions for identity verification, immediate transfer to the issuing court, and the power of local CJMs/Sessions Judges to grant bail.

Proclamation for person absconding

Authorizes the Court to issue a formal public proclamation for persons evading arrest warrants, mandating a 30-day window for appearance, and empowers the Court to declare serious offenders (10+ years punishment) as 'Proclaimed Offenders' if they fail to comply.

Attachment of property of person absconding

Empowers the Court to attach property (movable/immovable) of a proclaimed person under Section 84 to compel appearance. It specifies procedures for attachment, including seizure, receivers, and sale of perishable goods.

Identification and attachment of property of proclaimed person

Allows the Court to request assistance from foreign contracting states for identifying, attaching, and forfeiting property of a proclaimed person. This process is initiated upon request from high-ranking police officials.

Claims and objections to attachment

Provides a mechanism for third parties (other than the absconder) to claim interest in or object to the attachment of property within six months. It outlines the inquiry process and the right to file a civil suit if the claim is disallowed.

Release, sale and restoration of attached property

Deals with the release of property if the absconder appears, the sale of property by the State Government if they don't, and the restoration of property or its proceeds if the person proves within two years they weren't avoiding justice.

Appeal from order rejecting application for restoration of attached property

Grants the right to appeal against a court's refusal to restore attached property or its sale proceeds to the person claiming it under Section 88(3).

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

Empowers the Court to issue an arrest warrant instead of or alongside a summons if it believes the person will abscond or if they fail to appear without a valid excuse despite proper service.

Power to take bond or bail bond for appearance

Allows a presiding officer to require a person present in court to execute a bond or bail bond for future appearances, ensuring they return for trial.

Arrest on breach of bond or bail bond for appearance

Empowers the presiding officer to issue an arrest warrant if a person fails to appear in court despite being bound by a bond or bail bond.

Provisions of this Chapter generally applicable to summons and warrants of arrest

Specifies that the general rules for issuing, serving, and executing summons and warrants in this chapter apply to all such documents issued under this Sanhita.

Summons to produce document or other thing

Empowers the Court or a police officer to issue a summons or written order (physical or electronic) for the production of documents, electronic communications, or other items necessary for an investigation or trial.

Procedure as to letters

Outlines the procedure for obtaining documents or parcels from postal authorities. Higher courts can order delivery, while lower magistrates or police heads can only order detention pending a higher court's decision.

When search-warrant may be issued

Defines the conditions under which a Court can issue a search warrant, including non-compliance with summons, unknown possession of evidence, or the necessity of a general search. It also restricts the power to search postal items to DMs and CJMs.

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

Authorizes DMs, SDMs, or First Class Magistrates to issue search warrants for places suspected of storing or selling stolen property or objectionable items like counterfeit coins, forged documents, or obscene materials.

Power to declare certain publications forfeited and to issue search-warrants for same

Empowers the State Government to forfeit publications (books, newspapers, documents) that contain matter punishable under specific sections of BNS (e.g., sedition, promoting enmity, obscenity). Police can seize such copies and search premises with a warrant.

Application to High Court to set aside declaration of forfeiture

Provides a judicial remedy against forfeiture orders under Section 98. Any interested person can apply to the High Court within two months to set aside the order. A Special Bench of three judges (or all judges if less than three) hears the application.

Search for persons wrongfully confined

Empowers DMs, SDMs, or First Class Magistrates to issue a search warrant if they believe a person is being wrongfully confined (amounting to an offense). If found, the person is immediately brought before a Magistrate for appropriate orders.

Power to compel restoration of abducted females

Allows a DM, SDM, or First Class Magistrate to order the immediate rescue and restoration of an abducted woman or female child. The Magistrate can use necessary force to ensure compliance with the restoration order.

Direction, etc., of search-warrants

Extends the procedural provisions relating to arrest warrants (direction, service, execution, etc.) to all search warrants issued under Sections 96, 97, 98, and 100.

Persons in charge of closed place to allow search

Prescribes the mandatory procedure for searching a closed place, including the requirement for two independent witnesses, preparation of a seizure list (Panchnama), and the right of the occupant to be present. It also ensures privacy during body searches of women.

Disposal of things found in search beyond jurisdiction

Explains the procedure when items are found during a search outside the jurisdiction of the court that issued the warrant. Items should generally be taken to the issuing court, unless a local magistrate is nearer, who then authorizes the transfer.

Recording of search and seizure through audio-video electronic means

Mandates the audio-video recording (preferably via mobile phone) of the entire search and seizure process, including the preparation and signing of the seizure list. The recording must be forwarded to a Magistrate without delay.

Power of police officer to seize certain property

Authorizes any police officer to seize property suspected to be stolen or linked to an offense. Seizures must be reported to the Magistrate, and the property can be given to a third party on a bond if transportation or storage is difficult.

Attachment, forfeiture or restoration of property

Introduces a robust mechanism for the attachment and forfeiture of property derived from criminal activity. It allows the Court to distribute such proceeds of crime to victims or forfeit them to the Government if no claimants exist.

Magistrate may direct search in his presence

A Magistrate can personally oversee a search in any location for which they are authorized to issue a search warrant.

Power to impound document, etc., produced

Grants any Court the authority to keep (impound) any document or object presented before it during proceedings.

Reciprocal arrangements regarding processes

Outlines the procedures for the mutual service of summons, warrants, and search-warrants between Courts in different parts of India and with contracting foreign countries.

Definitions

Defines key terms used in the context of reciprocal arrangements and the attachment of property, including 'contracting State', 'proceeds of crime', and 'property'.

Letter of request to competent authority for investigation in a country or place outside India

Allows a Criminal Court to issue a 'letter of request' (Letter Rogatory) to a foreign authority to collect evidence, examine witnesses, or produce documents located outside India for an ongoing investigation.

Letter of request from a country or place outside India to a Court or an authority for investigation in India

Provides the reciprocal procedure where foreign authorities can request the Indian government to collect evidence, record statements, or conduct investigations within India for an offense committed abroad.

Assistance in securing transfer of persons

Regulates the mutual transfer of persons (including prisoners) between India and contracting foreign states for the purposes of investigation, inquiry, or production of evidence.

Assistance in relation to orders of attachment or forfeiture of property

Provides a mechanism for the mutual enforcement of property attachment or forfeiture orders between India and contracting states, specifically for property derived from criminal offenses.

Identifying unlawfully acquired property

Mandates the Court to direct a police officer (minimum rank of Sub-Inspector) to trace and identify property suspected to be unlawfully acquired or as requested by a foreign state.

Seizure or attachment of property

Allows an investigating officer to seize or attach property if they believe it might be concealed or transferred. Such orders must be confirmed by a Court within thirty days.

Management of properties seized or forfeited under this Chapter

Provides for the appointment of an Administrator (usually the District Magistrate or their nominee) to manage and dispose of properties that are seized or forfeited under this Chapter.

Notice of forfeiture of property

Requires the Court to issue a 30-day show-cause notice to any person suspected of holding proceeds of crime, asking them to explain the source of the property and why it should not be forfeited.

Forfeiture of property in certain cases

Empowers the Court to issue a final order forfeiting property to the Central Government if it finds the property to be proceeds of crime after hearing the affected person.

Fine in lieu of forfeiture

Gives the Court the option to impose a fine equal to the market value of the property instead of forfeiting it, provided that only a portion of the property's source is unproven.

Certain transfers to be null and void

States that any transfer of property made after an attachment order (Sec 117) or a forfeiture notice (Sec 119) is issued shall be ignored for the purpose of proceedings and deemed null and void if the property is eventually forfeited.

Procedure in respect of letter of request

Specifies that all international legal requests (Letters Rogatory, summons, or warrants) between India and contracting states must follow the form and manner notified by the Central Government.

Application of this Chapter

Allows the Central Government to apply the provisions of this Chapter (international assistance) to specific contracting states with certain conditions or exceptions as notified in the Official Gazette.

Security for keeping peace on conviction

Empowers a Court of Session or JMIC to order a convicted person to execute a bond for keeping the peace for up to three years, if the offence involved public tranquility, assault, mischief, or criminal intimidation.

Security for keeping peace in other cases

Allows an Executive Magistrate to require a person likely to disturb public peace to show cause why they shouldn't execute a bond for keeping the peace for up to one year.

Security for good behaviour from persons disseminating certain matters

Allows an Executive Magistrate to require a 'Good Behaviour Bond' (up to one year) from individuals disseminating seditious, communal, defamatory (against Judges), or obscene matters.

Security for good behaviour from suspected persons

Allows an Executive Magistrate to require a 'Good Behaviour Bond' (up to one year) from a person found concealing their presence with the intent to commit a cognizable offence.

Security for good behaviour from habitual offenders

Empowers an Executive Magistrate to bind down 'habitual offenders' (thieves, robbers, kidnappers, or those committing economic/social crimes) for a period of up to three years.

Order to be made

Requires the Magistrate to pass a written order when initiating proceedings under Sections 126-129, specifying the information received, bond amount, duration, and details regarding sureties.

Procedure in respect of person present in Court

Directs the Magistrate to read out or explain the preliminary order to the person if they are already present in the court.

Summons or warrant in case of person not so present

Prescribes the process for securing the attendance of a person not present in court—either via summons or a warrant if they are already in custody. It also allows for an immediate arrest warrant if a breach of peace is imminent.

Copy of order to accompany summons or warrant

Mandates that every summons or warrant served for preventive proceedings must be accompanied by a copy of the Magistrate's preliminary order (made under Sec 130).

Power to dispense with personal attendance

Allows the Magistrate to exempt a person from personally attending the court for show-cause proceedings and permit them to be represented by an advocate.

Inquiry as to truth of information

Prescribes the detailed procedure for conducting an inquiry into the information received against a person. It includes powers to order an 'Interim Bond' for immediate safety and mandates completion within six months.

Cognizance of offences by Magistrate

Empowers First Class Magistrates and empowered Second Class Magistrates to take judicial notice (cognizance) of offences through complaints, police reports, or personal knowledge.

Transfer on application of accused

Grants the accused the right to transfer their case to another Magistrate if cognizance was taken based on the Magistrate's own knowledge or private information.

Making over of cases to Magistrates

Allows the Chief Judicial Magistrate or empowered First Class Magistrates to distribute work by making over cases to other competent subordinate Magistrates.

Cognizance of offences by Court of Session

Restricts the Court of Session from taking direct cognizance of offences unless a Magistrate commits the case to it.

Additional Sessions Judges to try cases made over to them

Specifies that Additional Sessions Judges try cases assigned to them by the Sessions Judge or directed by the High Court.

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Restricts Courts from taking cognizance of contempt of public authority and perjury offences unless a written complaint is filed by the concerned official or the Court itself.

Procedure for witnesses in case of threatening, etc.

Enables a witness or any other person to file a complaint regarding the threatening of witnesses under the Bharatiya Nyaya Sanhita.

Prosecution for offences against State and for criminal conspiracy to commit such offence

Mandates prior government sanction for prosecuting offences against the State, communal harmony, and specific criminal conspiracies.

Prosecution of Judges and public servants

Protects Judges and public servants from prosecution for official acts without prior government sanction, while introducing a 120-day time limit for such decisions.

Prosecution for offences against marriage

Restricts Courts from taking cognizance of matrimonial offences unless a complaint is filed by the aggrieved person, with specific exceptions for children, women, and the disabled.

Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

Restricts the court's power to take cognizance of husband's cruelty cases (BNS 85) to police reports or complaints from the wife or her close relatives.

Cognizance of offence

Requires a complaint by the wife and prima facie satisfaction of the court for taking cognizance of sexual intercourse by a husband during separation (BNS 67).

Prosecution for defamation

Mandates that only the aggrieved person can file for defamation (BNS 356), with special direct cognizance procedures for high-ranking officials and public servants.

Examination of complainant

Mandates the examination of the complainant on oath and introduces a groundbreaking requirement to hear the accused before taking cognizance.

Procedure by Magistrate not competent to take cognizance of case

Outlines the steps a Magistrate must take when a complaint is filed in the wrong court, including returning the complaint with an endorsement.

Postponement of issue of process

Empowers Magistrates to postpone issuing process and conduct an inquiry or investigation to determine if a case has sufficient merit to proceed.

Dismissal of complaint

Allows a Magistrate to dismiss a complaint if no sufficient grounds for proceeding are found, provided that the reasons for dismissal are recorded.

Issue of process

Governs the issuance of summons or warrants to an accused person once a case is found to have sufficient merit, including a modern provision for electronic service.

Magistrate may dispense with personal attendance of accused

Allows the Magistrate to exempt the accused from appearing in person and permit them to appear through an advocate, while retaining the power to recall them at any stage.

Special summons in cases of petty offence

Provides a simplified 'guilty plea' procedure for petty offences, allowing the accused to pay a fine (up to ₹5,000) by post or messenger without a personal appearance.

Supply to accused of copy of police report and other documents

Mandates that the accused and the victim receive copies of the police report and related documents within 14 days, with a provision for electronic delivery.

Supply of copies of statements and documents to accused in other cases triable by Court of Session

Ensures that in private complaint cases triable by a Court of Session, the accused is provided with copies of all witness statements and evidence, including digital versions.

Commitment of case to Court of Session when offence is triable exclusively by it

Defines the mandatory procedure for committing serious cases to the Court of Session, introducing a strict 90-day timeline for completion.

Procedure to be followed when there is a complaint case and police investigation in respect of same offence

Mandates the consolidation of a private complaint case with a police investigation if they relate to the same offence, ensuring a single unified trial.

Contents of charge

Specifies the mandatory details to be included in a charge, such as the offence name, relevant law, and court language.

Particulars as to time, place and person

Outlines requirements for including specific details like time, location, and the involved parties in a criminal charge.

When manner of committing offence must be stated

Requires the specific manner of committing an offence to be included in the charge if basic details are not enough for the accused to understand the allegation.

Words in charge taken in sense of law under which offence is punishable

States that words in a charge must be interpreted according to their legal definitions in the relevant penal statute.

Effect of errors

Provides that errors or omissions in a charge are only considered significant if they mislead the accused and result in a failure of justice.

Court may alter charge

Grants courts the authority to modify or add charges at any point before a judgment is delivered, ensuring fairness for both sides.

Recall of witnesses when charge altered

Ensures that both the prosecution and defense can re-examine witnesses if the charge is changed during the trial, unless it is for delay.

Separate charges for distinct offences

Establishes the rule that each distinct offence requires its own charge and trial, though a Magistrate can combine them if the accused requests it in writing.

Offences of same kind within year may be charged together

Allows up to five offences of the same kind committed within a 12-month period to be tried together in a single trial for judicial efficiency.

Trial for more than one offence

Outlines the conditions under which a person can be tried for multiple offences in a single trial, specifically when acts form part of the same transaction.

Where it is doubtful what offence has been committed

Provides for charging an accused with multiple or alternative offences when it is unclear which specific offence the facts will prove.

When offence proved included in offence charged

Allows for conviction for a minor offence or an attempt to commit an offence, even if only a major offence was originally charged.

What persons may be charged jointly

Specifies the categories of persons who can be charged and tried together in a single trial, such as co-accused in the same transaction or principal and abettors.

Withdrawal of remaining charges on conviction on one of several charges

Enables the prosecution to withdraw remaining charges after obtaining a conviction on primary ones, effectively acting as an acquittal for the withdrawn charges.

Trial to be conducted by Public Prosecutor

Mandates that all trials in a Court of Session must be prosecuted by a Public Prosecutor.

Opening case for prosecution

Describes the initial stage of a trial where the prosecutor outlines the charges and proposed evidence against the accused.

Discharge

Provides the procedure for discharging an accused if the Judge finds no sufficient grounds to proceed, with a new 60-day application window.

Framing of charge

Details the procedure for framing charges, including a 60-day limit for Sessions cases and the allowance for electronic reading of charges.

Conviction on plea of guilty

Provides for the possibility of immediate conviction if an accused person chooses to plead guilty, at the Judge's discretion.

Date for prosecution evidence

Establishes the procedure for setting a date for the prosecution to present its evidence if a trial is necessary.

Evidence for prosecution

Outlines how the prosecution presents its evidence, notably allowing for audio-video recording of testimony, especially for public servants.

Acquittal

Provides the Judge the authority to acquit the accused if there is a complete lack of evidence after the prosecution presents its case.

Entering upon defence

Outlines the procedure for the accused to present their defense, including the right to produce evidence and call witnesses.

Arguments

Describes the final stage of the trial where both sides present their closing arguments before the judgment.

Judgment of acquittal or conviction

Mandates the delivery of judgment within 30-45 days and requires a pre-sentencing hearing if the accused is convicted.

Previous conviction

Ensures that evidence of a previous conviction is only considered after the accused has been found guilty in the current trial, to avoid prejudice.

Procedure in cases instituted under sub-section (2) of section 222

Specifies the procedure for Sessions trials involving defamation of public officials, including compensation for false accusations and in-camera hearings.

Compliance with section 230

Ensures that the Magistrate verifies the delivery of necessary documents to the accused before starting a warrant-case trial.

When accused shall be discharged

Specifies the conditions and timelines for the discharge of an accused in a warrant-case before a Magistrate.

Framing of charge

Outlines the process of framing a written charge against the accused in a warrant-case within a specific 60-day window.

Conviction on plea of guilty

Allows the Magistrate to convict the accused immediately if they plead guilty to the charges.

Evidence for prosecution

Describes the process for the prosecution to present evidence in a warrant-case, including the use of electronic means and the advance supply of statements.

Evidence for defence

Provides the procedure for the accused to present their defense in a warrant-case, including calling witnesses and using electronic testimony.

Evidence for prosecution

Outlines the initial procedure for a warrant-case initiated via a complaint, focusing on hearing the prosecution and recording evidence.

When accused shall be discharged

Provides for the discharge of an accused in a complaint-based warrant case if the prosecution evidence is insufficient.

Procedure where accused is not discharged

Specifies the procedure for framing charges and conducting cross-examinations in complaint-based warrant cases, including a new provision for closing evidence if witnesses are unavailable.

Evidence for defence

Extends the defense evidence rules from Section 266 to complaint-based warrant cases.

Acquittal or conviction

Outlines the final outcome of a warrant-case, including mandatory pre-sentencing hearings and the protected status of past criminal records.

Absence of complainant

Provides for the discharge of the accused if the complainant is absent in non-cognizable or compoundable warrant cases, after a mandatory 30-day notice.

Compensation for accusation without reasonable cause

Empowers Magistrates to order compensation to be paid by complainants/informants for accusations made without reasonable grounds, applicable to both summons and warrant cases.

Substance of accusation to be stated

Specifies the simplified procedure for initiating a summons-case where a formal charge is not required, and introduces an explicit power of discharge.

Conviction on plea of guilty

Allows the Magistrate to convict an accused in a summons-case if they admit guilt, requiring the plea to be recorded in their own words.

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

Enables quick disposal of petty cases by allowing the accused to plead guilty and pay fines via post or messenger without appearing in court.

Procedure when not convicted

Outlines the full trial procedure for a summons-case if the accused does not plead guilty, including hearing both parties and summoning witnesses.

Acquittal or conviction

Specifies the final judgment procedure for summons-cases, allowing for conviction based on proven facts regardless of the original summons.

Non-appearance or death of complainant

Outlines the consequences of a complainant's absence or death in a summons-case, mandating a 30-day grace period before acquittal.

Withdrawal of complaint

Allows for the withdrawal of a complaint in a summons-case upon the Magistrate's satisfaction, resulting in the acquittal of the accused.

Power to stop proceedings in certain cases

Grants Magistrates the power to terminate summons-cases initiated by police reports at any stage, with the effect being acquittal or discharge based on evidence status.

Power of Court to convert summonscases into warrant-cases

Authorizes Magistrates to convert a summons-case into a warrant-case in the interests of justice, provided the offence is punishable by more than six months imprisonment.

Power to try summarily

Defines the types of offences and the Magistrate's power to conduct summary trials, significantly expanded under BNSS to include higher monetary values and offences punishable up to 3 years.

Summary trial by Magistrate of second class

Allows High Courts to empower Second Class Magistrates to conduct summary trials for minor offences punishable by fine or short imprisonment.

Procedure for summary trials

Standardizes summary trial procedure based on summons-case rules and imposes a strict three-month limit on imprisonment.

Record in summary trials

Specifies the mandatory particulars that must be recorded in every summary trial case using a prescribed form.

Judgment in cases tried summarily

Mandates that for contested summary trials, the Magistrate must record the substance of the evidence and brief reasons for the judgment.

Language of record and judgment

Specifies the language requirements for summary trial records and judgments, and allows for administrative assistance in their preparation.

Application of Chapter

Defines the eligibility for Plea Bargaining: applies to offences punishable by up to 7 years, but excludes crimes against women, children, and socio-economic offences.

Application for plea bargaining

Establishes the process for applying for Plea Bargaining, including a new 30-day filing limit after charge framing and a 60-day limit for reaching a settlement.

Guidelines for mutually satisfactory disposition

Outlines the participation and Court's oversight in plea bargaining meetings to ensure voluntary settlements between the prosecution, victim, and accused.

Report of mutually satisfactory disposition to be submitted before Court

Mandates the preparation of a signed report if a settlement is reached, or the resumption of trial if plea bargaining fails.

Disposal of case

Outlines the sentencing benefits of Plea Bargaining, allowing for significant reductions in punishment, especially for first-time offenders.

Judgment of Court

Mandates that the final plea bargaining judgment be delivered publicly in open court and signed by the judge.

Finality of judgment

Declares plea bargaining judgments as final and non-appealable, with constitutional remedies being the only exceptions.

Power of Court in plea bargaining

Confirms that the Court retains all its regular judicial powers while handling plea bargaining applications.

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

Ensures that time spent in custody before the final judgment is deducted from the sentence awarded through plea bargaining.

Savings

Gives the plea bargaining chapter an overriding effect over inconsistent provisions in the Sanhita and defines Public Prosecutor for this chapter.

Statements of accused not to be used

Protects the accused by ensuring that statements made during plea bargaining cannot be used as evidence against them for any other purpose.

Non-application of Chapter

Excludes juveniles and children from the scope of plea bargaining provisions, referring to the Juvenile Justice Act for their legal procedures.

Power of State Government to empower officer in charge to discharge

Enables the State Government to delegate the powers of the Inspector-General of Prisons to the officer in charge of a jail for managing persons confined due to mental unsoundness.

Procedure where prisoner of unsound mind is reported capable of making his defence

Outlines the procedure for certifying an accused as fit for trial after being detained for mental health treatment. It designates specific authorities to issue the fitness certificate.

Enforcement of order of maintenance

Section 147 ensures beneficiaries receive a free copy of the maintenance order and allows any Magistrate in India to enforce it wherever the respondent is found.

Right of person against whom proceedings are instituted to be defended

Guarantees every accused person the fundamental right to be defended by a legal practitioner of their own choice.

Procedure where person of unsound mind detained is declared fit to be released

Provides a framework for the release of detained persons of unsound mind upon certification of their safety to themselves and others. It includes the appointment of a special Commission for formal inquiry.

Procedure in cases mentioned in section 215

Prescribes the legal procedure for a Court to take cognizance of offences affecting the administration of justice (perjury, forgery in court, etc.). It involves a preliminary inquiry and filing a formal complaint to a Magistrate.

Use of armed forces to disperse assembly

Section 149 allows a District Magistrate to call upon the armed forces to disperse an assembly if civil force is insufficient. The officer must use the minimum force necessary.

Appeal

Provides the right to appeal against a court's decision to either file or refuse to file a complaint under Section 379. It also clarifies that such appellate orders are final and immune to revision.

Power of certain armed force officers to disperse assembly

Section 150 grants emergency powers to armed forces officers to disperse dangerous assemblies when no Magistrate is reachable, requiring them to seek instructions as soon as possible.

Evidence of public servants, experts, police officers in certain cases

Allows successor officers to testify on behalf of transferred, retired, or deceased predecessors regarding official reports to prevent trial delays.

Power of Supreme Court to transfer cases and appeals

Authorizes the Supreme Court to transfer criminal cases and appeals across State jurisdictions to uphold the interests of justice and fair trial.

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

Section 151 provides immunity from prosecution for officials and citizens acting in good faith under Sections 148-150. Prosecution requires prior government sanction.

Permission to conduct prosecution

Allows Magistrates to permit individuals other than the state's regular prosecutors to lead a prosecution, provided they are not low-ranking police or the investigating officer.

High Court's powers of revision

Defines the High Court's extensive powers to correct errors in trial court records while protecting the right to a hearing and preventing acquittal reversals.

Warrant with whom to be lodged

Mandates that the execution warrant must be handed over to and kept by the jailor if the prisoner is sent to jail.

Conditional order for removal of nuisance

Section 152 empowers Magistrates to issue conditional orders for the removal of public nuisances such as obstructions, dangerous buildings, or hazardous trades.

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

Enshrines the principle of double jeopardy, preventing a person from being tried twice for the same offence or on the same facts for similar offences.

Power to direct further inquiry to be made or additional evidence to be taken

Allows the High Court to seek more evidence or conduct further inquiries during death sentence confirmation proceedings.

Service or notification of order

Section 153 details how the order for nuisance removal must be served. It follows summons procedure or public proclamation if personal service fails.

Cases to be sent to Magistrate, when evidence is sufficient

Mandates the forwarding of the accused, case property, and witnesses to the Magistrate when sufficient evidence is found.

Trial of person not complying with conditions of pardon

Prescribes the procedure for trying an approver who fails to comply with the terms of their pardon by concealing facts or giving false evidence.

Power to order costs

Empowers the court to award costs in proceedings related to filing complaints for offences against justice or subsequent appeals.

Person to whom order is addressed to obey or show cause

Section 154 requires the person receiving a nuisance order to either comply or show cause against it, with a new provision for audio-video conferencing.

Procedure of Magistrate taking cognizance

Directs Magistrates to treat complaints filed by courts under Section 379 as cases instituted on a police report. It also allows for the adjournment of such cases if the original judicial proceeding is under appeal.

Judgments of subordinate Appellate Court

Applies trial judgment rules to subordinate appellate courts (Sessions Court/CJM), with a proviso that accused attendance is not mandatory for hearing judgment.

Penalty for failure to comply with section 154

Section 155 penalizes non-compliance with a nuisance order by making the order absolute and imposing criminal liability under Section 223 BNS.

Interpretation of evidence to accused or his advocate

Ensures the right to a fair trial by mandating evidence interpretation for the accused or their advocate.

Previous conviction or acquittal how proved

Provides specific methods for proving a person's previous criminal record or acquittal in court using official documents and identity verification.

Summary procedure for trial for giving false evidence

Provides a fast-track summary trial procedure for witnesses who provide false evidence in a Court of Session or before a First Class Magistrate. It allows for immediate cognizance and sentencing up to three months.

Procedure in certain cases of contempt

Empowers Civil, Criminal, and Revenue Courts to summarily punish contemptuous acts (like intentional insults or document withholding) committed in their presence. It allows for immediate fines and short-term imprisonment in default.

Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

Allows a Magistrate to transfer (commit) a case to the Court of Session at any time before judgment if they determine the case is serious enough to warrant a trial by a higher court.

Trial of persons previously convicted of offences against coinage, stamp-law or property

Requires habitual offenders of property or coinage crimes to be tried by higher courts (CJM or Sessions) to ensure they receive a strictly adequate sentence beyond a regular Magistrate's powers.

Copy of judgment to be given to accused and other persons

Ensures the accused receives a free copy of the judgment, especially if imprisoned or in death sentence cases, to facilitate their right to appeal.

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

Allows the State Government to confer the status of a Civil Court upon Registrars and Sub-Registrars, specifically to enable them to handle contempt cases under Sections 384 and 385.

Discharge of offender on submission of apology

Grants courts the discretionary power to forgive a contempt offender if they subsequently comply with the court's orders or offer a satisfactory apology.

Treatment of victims

Mandates all hospitals to provide free immediate medical treatment to victims of sexual offences and notify the police.

Reference to High Court

Enables subordinate courts to refer questions concerning the validity of laws or complex points of law to the High Court for authoritative determination.

Calling for records to exercise powers of revision

Grants High Courts and Sessions Judges the power to review the legality and propriety of trial court orders while barring revision for interlocutory matters.

Imprisonment or committal of person refusing to answer or produce document

Prescribes the immediate measures a Criminal Court can take against a witness who refuses to testify or produce a required document. It allows for a short-term coercive detention of up to seven days.

Release of accused when evidence deficient

Directs the police to release an accused person on a bond if the investigation reveals a lack of evidence.

Appearance by Public Prosecutors

Confirms that Public Prosecutors lead the prosecution even if private advocates are involved, and they do not need written authority to appear in court.

Report of investigation by subordinate police officer

Mandates that subordinate officers must report their investigation results to the SHO/Officer-in-Charge.

Appeal in case of acquittal

Regulates appeals against acquittal by the State, Central Government, or private complainants, requiring judicial 'leave' to proceed in the High Court.

Procedure in case of person of unsound mind tried before Court

Outlines the procedure when an accused appears to be of unsound mind during a trial. It mandates an inquiry into the mental state and specifies actions such as discharge or postponement for treatment.

When officer in charge of police station may require another to issue search-warrant

Regulates searches conducted outside a police station's own jurisdiction, including emergency powers to prevent evidence destruction.

Procedure in cases which Magistrate cannot dispose of

Outlines the steps a Magistrate must take when they realize they lack jurisdiction or when a case is better suited for trial by the Chief Judicial Magistrate or another Magistrate.

Power to proceed against other persons appearing to be guilty of offence

Empowers the Court to add new persons as accused during a trial if the evidence suggests their involvement in the crime.

Provision for inquiries and trial being held in absence of accused in certain cases

Allows criminal proceedings to continue without the physical presence of the accused, especially if they are represented by an advocate or attend via audio-video electronic means.

Summary procedure for punishment for non-attendance by a witness in obedience to summons

Allows a Criminal Court to summarily punish a witness who fails to attend in response to a summons or leaves the court without permission, with a fine up to five hundred rupees.

Procedure where Court considers that case should not be dealt with under section 384

Provides an alternative procedure when the contempt committed is too serious to be handled summarily under Section 384. In such cases, the court forwards the matter to a Magistrate for a regular trial.

No appeal in petty cases

Bars appeals in minor cases where sentences or fines are below specified thresholds, ensuring judicial economy for petty matters.

Medical examination of victim of rape

Outlines the strict protocol for medical examination of rape victims, including the 24-hour timeline, mandatory consent, and DNA profiling requirements.

Delivery of person of unsound mind to care of relative or friend

Allows for the delivery of a detained person of unsound mind to the care and custody of a relative or friend, subject to security and inspection conditions. It also details the procedure for resuming trial upon recovery.

Language of record of evidence

Regulates the language used for recording evidence in Magistrate and Sessions trials.

Recording of confessions and statements

Governs the judicial recording of confessions and witness statements, with strict mandates for voluntariness, legal representation, and special protections for sexual offence victims.

Power to examine accused

Requires the Court to question the accused person after the prosecution's case is closed, allowing them to explain any incriminating circumstances personally.

Record in trial before Court of Session

Outlines the formal procedure for recording evidence in trials before a Court of Session.

Release of person of unsound mind pending investigation or trial

Provides for the release on bail or safe custody of an accused found to be of unsound mind. It emphasizes regular treatment and safety undertakings by relatives, ensuring compliance with the Mental Healthcare Act, 2017.

Power to postpone or adjourn proceedings

Mandates day-to-day trials and strictly limits adjournments to prevent delays, including a 2-month deadline for sexual offence trials.

Statements to police and use thereof

Specifies that police statements must not be signed and are generally inadmissible as substantive evidence, except for contradicting witnesses in court.

Authorities before whom affidavits may be sworn

Specifies the authorities before whom legal affidavits can be sworn and outlines the requirements for the content and clarity of such affidavits.

Examination of witnesses by police

Outlines the procedure for police to examine witnesses, ensuring the right against self-incrimination and mandating woman officers for sexual offence cases.

Evidence of formal character on affidavit

Allows formal evidence to be submitted via affidavit to save court time, while preserving the right of parties to cross-examine the deponent.

Affidavit in proof of conduct of public servants

Permits facts regarding allegations against public servants to be proved by affidavit during legal proceedings.

Police officer's power to require attendance of witnesses

Allows police to summon witnesses via written orders, with mandatory exemptions for women, children, seniors, and the disabled from attending police stations.

Sentence of death to be submitted by Court of Session for confirmation

Mandates that any death sentence passed by a Court of Session must be confirmed by the High Court before it can be executed.

No formal proof of certain documents

Mandates parties to admit or deny document genuineness within 30 days, allowing undisputed documents to be admitted without formal proof of signature.

Identification report of Magistrate

Allows identification reports by Executive Magistrates to be used as evidence without calling them as witnesses, subject to certain conditions.

Report how submitted

Describes the administrative channel for submitting investigation reports to Magistrates through superior officers if mandated by the State Government.

Deposition of medical witness

Allows recorded medical testimonies to be admitted as evidence without requiring the physical presence of the doctor in court.

Execution of foreign commissions

Provides the legal framework for Indian courts to execute witness commissions issued by foreign judicial authorities.

Procedure for investigation

Outlines investigation steps, reports to Magistrates, and spot visits. It mandates forensic expert visits and videography for serious offences (7+ years) and protection for rape victims.

Record in summons-cases and inquiries

Prescribes the procedure for recording a memorandum of evidence substance in summons-cases and specific inquiries.

Adjournment of proceeding

Provides for the adjournment of a trial or inquiry to allow for the completion and return of a witness commission.

Return of commission

Outlines the formal process for the return of an executed commission and its admissibility as evidence.

Procedure in case of accused being person of unsound mind

Prescribes the procedure when an accused appears to be of unsound mind during an inquiry. It mandates medical examination and specifies outcomes like discharge or postponement for treatment.

Execution of commissions

Specifies the procedure for executing a commission, giving the executing Magistrate the same powers as in a warrant-case trial.

Commission to whom to be issued

Defines the appropriate judicial authorities to whom a witness examination commission must be sent.

Record in High Court

Grants High Courts the authority to prescribe their own rules for recording evidence and examinations.

Persons bound to conform to lawful directions of police

Section 172 mandates public compliance with lawful police directions during preventive actions and allows for short-term detention of those who resist.

Interpreter to be bound to interpret truthfully

Legally mandates that interpreters provide an accurate and honest translation of all court proceedings.

Prevention of injury to public property

Section 171 (formerly Section 152 CrPC) gives police officers the authority to intervene and prevent damage to public property or landmarks.

Record of examination of accused

Prescribes the mandatory full recording of the accused's examination, ensuring verification and certification.

Remarks respecting demeanour of witness

Requires Judges to record observations about a witness's behavior and conduct during testimony to help assess their credibility.

Procedure in regard to such evidence when completed

Prescribes the mandatory procedure for verifying and correcting recorded evidence in the presence of the witness and accused.

Record in warrant-cases

Specifies the detailed procedure for recording evidence in warrant-cases, including the use of audio-video means.

Language of Courts

Empowers the State Government to determine the official language for all courts in the state except the High Court.

Police to prevent cognizable offences

Section 168 (formerly Section 149 CrPC) mandates all police officers to proactively prevent the commission of cognizable offences.

Power to issue commission for examination of witness in prison

Clarifies that the court can choose to examine a prisoner via a commission (in jail) rather than requiring physical production in court.

Language and contents of judgment

Defines the formal requirements of a criminal judgment, including the language, points for determination, and specific mandates for death sentences and alternative convictions.

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

Outlines specific conditions under which a prison officer can legally decline a court production order, such as illness or pending remand.

Dispute concerning right of use of land or water

Section 166 (formerly Section 147 CrPC) deals with disputes over the right to use land or water, such as easements or rights of way, to prevent a breach of peace.

Power of State Government or Central Government to exclude certain persons from operation of section 302

Allows the government to prohibit the removal of certain prisoners from jail for court attendance due to public order or interest concerns.

Power to require attendance of prisoners

Empowers courts to order the production of prisoners for trial or as witnesses, with specific oversight for lower magistrates.

Definitions

Defines the terms "detained" and "prison" specifically for the context of attendance of prisoners in courts.

Evidence to be taken in presence of accused

Mandates recording evidence in the presence of the accused or their advocate, explicitly allowing audio-video electronic means.

Exclusion of time in certain cases

Lists various scenarios where the limitation period is paused, including time spent in wrong courts, periods of stay orders, time taken for government sanctions, or when the offender is absconding.

Injunction pending inquiry

Section 161 empowers the Magistrate to issue an interim injunction to prevent imminent public danger while a nuisance inquiry is pending.

Procedure on order being made absolute and consequences of disobedience

Section 160 provides for the enforcement of an absolute nuisance order, allowing the Magistrate to carry out the act and recover costs from the offender’s property.

Judgment

Lays down the procedure for pronouncing judgments in criminal trials. It introduces a mandatory 45-day deadline for delivery and mandates the uploading of judgment copies online within seven days.

Appeal by State Government against sentence

Empowers the State and Central Government to appeal for the enhancement of inadequate sentences, while ensuring the accused has a right to be heard.

Procedure where existence of public right is denied

Section 156 requires a Magistrate to stay proceedings if a person denies a public right and provides reliable evidence, referring the matter to a Civil Court.

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

Section 158 empowers the Magistrate to direct a local investigation or summon an expert to aid in public nuisance inquiries.

Power of Magistrate to furnish written instructions, etc.

Section 159 allows the Magistrate to set guidelines and allocate costs for investigations and experts, making the resulting reports admissible as evidence.

Magistrate may prohibit repetition or Continuance of public nuisance

Section 162 empowers authorities to order a person to stop or not repeat a public nuisance as defined under BNS or local laws.

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

Section 163 (formerly Section 144 CrPC) empowers Magistrates to issue urgent preventive orders to maintain public order and safety.

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

Section 164 (formerly Section 145 CrPC) empowers Magistrates to determine actual possession of disputed property to prevent violence, maintaining the status quo until a Civil Court rules on ownership.

Diary of proceedings in investigation

Mandates the maintenance of a chronological Case Diary for all investigations, outlining its use in Court.

Power to attach subject of dispute and to appoint receiver

Section 165 allows the Magistrate to attach disputed property and appoint a receiver in emergencies or when possession is unclear, ensuring property safety during litigation.

Local inquiry

Section 167 (formerly Section 148 CrPC) provides for local inquiries in property disputes and the awarding of legal costs, including advocate fees.

Prisoner to be brought to Court in custody

Defines the administrative duty of jail officers to transport prisoners to court and maintain custody during proceedings.

Procedure where person against whom order is made under section 152 appears to show cause

Section 157 outlines the hearing procedure for nuisance orders, evaluating evidence like a summons case. It introduces a strict 90-120 day timeline for completion.

When attendance of witness may be dispensed with and commission issued

Permits issuing a commission for witness examination to avoid unreasonable delay or expense, and mandates it for high dignitaries.

Power to release persons imprisoned for failing to give security

District or Chief Judicial Magistrates can discharge individuals imprisoned for failing to provide security if they pose no risk. They can also reduce security amounts/durations or cancel bonds entirely. Conditional releases can be revoked upon breach.

Dispersal of assembly by use of civil force

Section 148 empowers Executive Magistrates and police officers (SI and above) to order the dispersal of unlawful or disruptive assemblies. If they refuse, civil force may be used.

Information of design to commit cognizable offences

Section 169 (formerly Section 150 CrPC) requires police officers to share information about planned cognizable offences with their superiors and relevant colleagues.

Arrest to prevent commission of cognizable offences

Section 170 (formerly Section 151 CrPC) allows police to arrest individuals planning cognizable offences without a warrant for up to 24 hours.

Information in cognizable cases

Section 173 (formerly Section 154 CrPC) is the core provision for filing an FIR, introducing e-FIR, Zero FIR, and a 14-day preliminary enquiry for certain offences.

Information as to non-cognizable cases and investigation of such cases

Section 174 (formerly Section 155 CrPC) handles non-cognizable offences, requiring a Magistrate order for investigation and treating mixed cases as cognizable.

Police officer’s power to investigate cognizable case

Section 175 (formerly Section 156 CrPC) empowers police to investigate cognizable cases and allows Magistrates to order investigations subject to new safeguards like affidavits and superior reports for public servants.

Power to hold investigation or preliminary inquiry

Grants Magistrates the power to order an investigation or conduct a preliminary inquiry upon receiving a police report.

No inducement to be offered

Forbids authorities from using coercion, threats, or promises to obtain statements, while protecting the right to make voluntary statements.

Search by police officer

Provides the power to search without a warrant for investigation purposes, mandating audio-video recording and strict reporting to the Magistrate.

Procedure when investigation cannot be completed in twenty-four hours

Outlines the critical remand procedure (Section 167 equivalent) and Default Bail rules, setting maximum custody limits and mandating judicial oversight.

Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

Protects witnesses and complainants from police harassment and unnecessary restraint during court proceedings.

Ordinary place of inquiry and trial

Defines the basic territorial jurisdiction: an offence is tried where it is committed.

Offence triable where act is done or consequence ensues

Grants jurisdiction to Courts where either the criminal act occurred or where the results of that act took place.

Place of trial in case of certain offences

Specifies the place of trial for crimes like dacoity, kidnapping, theft, and breach of trust, offering multiple jurisdictional options based on where property or victims are found.

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

Prevents the reversal of court findings due to minor procedural errors or irregularities in documents/sanctions, unless a true failure of justice is proven.

Suspension of sentence pending appeal; release of appellant on bail

Empowers appellate courts to suspend sentences and grant bail pending appeal. Allows trial courts to grant temporary bail for filing an appeal in minor cases.

Victim compensation scheme

Requires State Governments to establish schemes for victim compensation and rehabilitation, managed by Legal Services Authorities.

Person acquitted on ground of unsoundness of mind to be detained in safe custody

Regulates the post-acquittal custody of persons found to have committed an act while being of unsound mind. It allows for either institutional detention or supervised release to a relative/friend.

Order to pay compensation

Empowers courts to order the accused to pay compensation to victims for loss or injury, either from the fine imposed or as a separate order.

Order for notifying address of previously convicted offender

Allows courts to order repeat offenders (convicted for 3+ years) to notify their residence for up to five years after release.

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

Provides the right to appeal for persons convicted of summary offences like perjury or contempt. It specifies the appropriate appellate forums, such as the Court of Session for convictions by Small Causes Courts or Registrars.

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

Enforces the principle of natural justice by prohibiting judges and magistrates from trying offences committed against their own authority, except where summary powers are specifically granted by the Sanhita.

Witness protection scheme

Requires every State Government to formulate and implement a scheme specifically for the protection of witnesses.

Compensation to persons groundlessly arrested

Allows Magistrates to award up to ₹1,000 as compensation to persons arrested without sufficient grounds, payable by the person who caused the arrest.

Order to pay costs in non-cognizable cases

Empowers courts in non-cognizable cases to order a convicted accused to pay the complainant's prosecution costs, including advocate fees.

Order to release on probation of good conduct or after admonition

Allows courts to release first-time offenders on probation for good conduct or after a warning (admonition), prioritizing rehabilitation over punishment.

Special reasons to be recorded in certain cases

Mandates that courts must record specific reasons if they choose not to grant probation or rehabilitative benefits to eligible offenders.

Court not to alter judgment

Strictly prohibits criminal courts from altering or reviewing a signed judgment, except for correcting clerical or mathematical mistakes.

Judgment when to be translated

Requires a translation of the judgment into the language of the Court if the original is recorded in a different language and a party requests it.

Court of Session to send copy of finding and sentence to District Magistrate

Requires the Court of Session or Chief Judicial Magistrate to send a copy of their findings and sentences to the District Magistrate for record-keeping.

Power of High Court to confirm sentence or annul conviction

Defines the powers of the High Court to confirm, modify, or annul a death sentence and conviction passed by a Court of Session.

Confirmation or new sentence to be signed by two Judges

Requires at least two High Court judges to sign off on a death sentence confirmation or any related new order.

Procedure in case of difference of opinion

Provides the procedure for resolving a tie in the judges' opinions during a death sentence confirmation in the High Court.

Procedure in cases submitted to High Court for confirmation

Outlines the administrative procedure for communicating the High Court's decision on a death sentence back to the Court of Session, including via electronic means.

No appeal to lie unless otherwise provided

States the general rule that appeals only exist if provided by law, but grants victims the right to appeal against acquittal, lesser conviction, or low compensation.

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior

Provides a right to appeal to the Court of Session against orders requiring security for good behavior or the rejection of a surety.

Appeals from convictions

Outlines the hierarchy of criminal appeals based on the convicting court and sentence, and mandates a 6-month disposal for sexual offence appeals.

No appeal in certain cases when accused pleads guilty

Restricts appeals when an accused pleads guilty, allowing challenges only to the legality or extent of the sentence in lower courts.

Appeal against conviction by High Court in certain cases

Grants a right to appeal to the Supreme Court if the High Court reverses an acquittal and sentences a person to 10+ years, life, or death.

Special right of appeal in certain cases

Ensures that if one person in a joint trial has a right to appeal, all co-convicts in that trial also gain the right to appeal.

Appeal to Court of Session how heard

Specifies that appeals to the Court of Session are heard by the Sessions Judge, Additional Sessions Judge, or in certain cases, the CJM.

Petition of appeal

Requires every criminal appeal to be a written petition submitted with a copy of the challenged judgment.

Procedure when appellant in jail

Allows prisoners to file appeals by handing their petition to the jail officer, who must forward it to the Appellate Court.

Summary dismissal of appeal

Empowers Appellate Courts to dismiss meritless appeals at the threshold, subject to hearing the appellant and recording reasons.

Procedure for hearing appeals not dismissed summarily

Details the mandatory procedure for admitted appeals, including issuing notices to parties and calling for trial records.

Powers of Appellate Court

Comprehensive list of powers of an Appellate Court, including reversing acquittals, altering convictions, and enhancing sentences after due notice.

Maximum period for which under trial prisoner can be detained

Regulates the release of undertrial prisoners who have served half of their maximum sentence (or one-third for first-time offenders), ensuring no one stays in jail longer than the actual sentence.

Arrest of accused in appeal from acquittal

Enables the High Court to arrest an acquitted person when an appeal is filed against the acquittal, ensuring their availability during the appeal process.

Appellate Court may take further evidence or direct it to be taken

Permits appellate courts to take additional evidence to ensure a just decision, either directly or via a subordinate court.

Procedure where Judges of Court of appeal are equally divided

Outlines the procedure for resolving a tie in judicial opinions at the High Court level by referring the matter to a third judge or a larger bench.

Finality of judgments and orders on appeal

Declares appellate judgments as final while protecting the right to hear related appeals for acquittal or sentence enhancement.

Abatement of appeals

Defines the conditions under which a criminal appeal abates (closes) due to the death of the accused or appellant, allowing families to continue appeals against conviction.

Disposal of case according to decision of High Court

Mandates that the referring court must settle the case according to the High Court's decision on the referred legal question.

Power to order inquiry

Empowers High Courts and Sessions Judges to direct further inquiry into dismissed complaints or cases of discharged accused persons, ensuring a fair hearing first.

Sessions Judge's powers of revision

Grants the Sessions Judge revisionary powers identical to the High Court and establishes that their decision is final, barring a second revision.

Power of Additional Sessions Judge

Confirms that Additional Sessions Judges possess the same revisionary authority as a Sessions Judge for cases assigned to them.

Power of High Court to withdraw or transfer revision cases

Sets a procedure for consolidating revision applications from the same trial when filed in both High Court and Sessions Court to ensure a single, consistent ruling.

Option of Court to hear parties

Clarifies that parties lack a mandatory right to oral hearings in revision cases, though the court retains discretionary authority to permit them.

High Court's order to be certified to lower Court

Mandates the formal communication of revision orders to the original trial court for immediate implementation and record updating.

Power of Sessions Judge to transfer cases and appeals

Empowers the Sessions Judge to transfer criminal cases between courts within their sessions division to ensure judicial efficiency and fairness.

Withdrawal of cases and appeals by Sessions Judges

Provides the Sessions Judge with administrative authority to recall or withdraw cases from subordinate judicial officers for reassignment or personal adjudication.

Withdrawal of cases by Judicial Magistrates

Empowers Chief Judicial Magistrates and Judicial Magistrates to withdraw or recall cases from subordinates for personal adjudication or re-assignment.

Making over or withdrawal of cases by Executive Magistrates

Grants District and Sub-divisional Magistrates the authority to distribute, withdraw, and manage proceedings among subordinate executive magistrates.

Reasons to be recorded

Requires judges and magistrates to formally document the justification for transferring or withdrawing cases to ensure transparency.

Execution of order passed under section 409

Outlines the procedure for the Court of Session to execute orders (including death sentence confirmations) received from the High Court.

Execution of sentence of death passed by High Court

Details the execution procedure for death sentences passed by the High Court during appeal or revision, executed via the Court of Session.

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

Mandates the High Court to postpone death sentence execution when the convict appeals to the Supreme Court or applies for a certificate or special leave to appeal.

Commutation of sentence of death on pregnant woman

Mandates the High Court to commute a death sentence to life imprisonment if the convict is found to be pregnant.

Power to appoint place of imprisonment

Empowers the State Government to designate places of confinement and allows courts to transfer persons from civil to criminal jails under specific conditions.

Execution of sentence of imprisonment

Outlines the mandatory procedure for issuing warrants and forwarding convicts to jail for life or term imprisonment, including cases where the accused is absent.

Direction of warrant for execution

Specifies that all execution warrants must be addressed to the officer in charge of the designated prison or place of confinement.

Warrant for levy of fine

Provides methods for recovering unpaid fines via attachment or sale of movable property or through the District Collector as land revenue arrears.

Effect of such warrant

Clarifies the jurisdictional reach of fine-levy warrants, allowing execution outside the issuing court area if endorsed by the relevant District Magistrate.

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

Validates fine-recovery warrants issued by courts in non-applicable territories when executed within territories where the BNSS applies.

Suspension of execution of sentence of imprisonment

Grants the court power to suspend a default imprisonment sentence by allowing the offender to pay the fine in installments or by a fixed date, provided a bond is executed.

Saving

Ensures that previous sections do not excuse anyone from their total punishment and prioritizes all substantive sentences over default sentences for non-payment of fine.

Who may issue warrant

Clarifies that the authority to issue execution warrants lies with the original sentencing judge or magistrate or their successor.

Sentence on escaped convict when to take effect

Regulates when new sentences for escaped convicts take effect, distinguishing between death or life sentences (immediate) and term imprisonment (dependent on severity).

Sentence on offender already sentenced for another offence

Establishes the default rule that subsequent sentences run consecutively (after the first one ends) unless the court orders them to run concurrently, with special rules for life imprisonment.

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

Mandates that the time an accused spent in jail during the investigation or trial must be deducted (set off) from the final prison sentence awarded.

Return of warrant on execution of sentence

Requires the executing officer to return the completed warrant to the issuing court with a certified endorsement explaining how the sentence was carried out.

Money ordered to be paid recoverable as a fine

Ensures that any monetary payment ordered under the BNSS (like costs or compensation) can be recovered using the same legal methods as a fine.

Mercy petition in death sentence cases

Formalizes the timeline and procedure for filing mercy petitions before the President or Governor in death sentence cases, establishing strict deadlines and finality.

Power to commute sentence

Empowers the Government to substitute a harsher punishment with a lighter one (commutation) without the convict’s consent.

Restriction on powers of remission or commutation in certain cases

Mandates a minimum of 14 years of actual imprisonment for life convicts in cases where the offence carried a potential death penalty.

Concurrent power of Central Government in case of death sentences

Grants the Central Government equal authority to suspend, remit, or commute a death sentence alongside the State Government.

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

Requires the State Government to obtain the Central Government’s consent before remitting or commuting sentences in cases involving central agencies (like CBI), central property, or central employees.

In what cases bail to be taken

Mandates that bail is a right in bailable offences. It requires courts to release indigent persons on personal bonds without sureties if they cannot afford bail within one week.

Bond of accused and sureties

Details the requirements for bail bonds, including the involvement of sureties, adherence to conditions, and the Court’s authority to verify a surety’s fitness.

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

Outlines the judicial discretion for granting bail in non-bailable offences, specifying restrictions for habitual offenders and capital crimes while protecting vulnerable groups.

Bail to require accused to appear before next Appellate Court

Requires an accused person to execute a bond before the trial or appeal ends, ensuring they appear before a higher court if an appeal is filed against their judgment.

Special powers of High Court or Court of Session regarding bail

Grants superior courts special powers to grant bail, modify Magistrate’s bail conditions, or cancel bail, while mandating victim presence for heinous sexual offences.

Amount of bond and reduction thereof

Mandates that bail amounts must be reasonable and not excessive, and gives Higher Courts the power to reduce bail set by lower authorities.

Declaration by sureties

Requires every surety to provide a formal declaration to the Court stating the number of people they are currently providing bail for.

Discharge from custody

Mandates immediate release once a bail bond is executed, unless the person is required to be detained for another separate legal matter.

Power to order sufficient bail when that first taken is insufficient

Empowers the Court to re-arrest an accused and demand better sureties if the original ones are found to be insufficient due to fraud, error, or changed circumstances.

Order for disposal of property at conclusion of trial

Governs the disposal of property after a trial ends, allowing for destruction, confiscation, or delivery, with a mandatory stay on execution for two months pending potential appeals.

Discharge of sureties

Allows sureties to withdraw their guarantee at any time, prompting the Court to re-arrest the accused and demand fresh sureties.

Deposit instead of recognizance

Allows a person to deposit cash or government securities instead of executing a traditional bond with sureties, except for cases involving good behavior bonds.

Procedure when bond has been forfeited

Outlines the legal procedure for recovering penalties when a bail bond is forfeited due to non-appearance or breach of conditions.

Cancellation of bond and bail bond

Provides for the automatic cancellation of a bail bond upon forfeiture and restricts the accused from being released again on a personal bond alone unless fresh sureties are provided.

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

Empowers courts to order custody or disposal of property produced during investigation or trial, mandating a property statement within 14 days and audio-visual recording.

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

Mandates the provision of fresh security if a surety dies, becomes insolvent, or if a bond is forfeited, treating failure to do so as a default of the original court order.

Bond required from child

Provides a simplified procedure for minors, allowing the Court to accept a bond executed solely by sureties instead of requiring a personal bond from the child.

Appeal from orders under section 491

Provides the appellate hierarchy for orders related to bond forfeiture under Section 491, ensuring judicial review of penalty orders.

Power to direct levy of amount due on certain recognizances

Empowers superior courts to delegate the physical recovery of forfeited bond amounts to a lower Magistrate.

Payment to innocent purchaser of money found on accused

Allows the court to compensate an innocent purchaser of stolen property using money found on the convicted accused, provided the property is returned to its owner.

Appeal against orders under section 498 or section 499

Provides a right of appeal to any person aggrieved by property disposal or compensation orders issued under sections 498 or 499.

Destruction of libellous and other matter

Empowers the court to destroy libellous matter, obscene materials, or adulterated food and drugs following a conviction under specific BNS sections.

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

Provides that errors or omissions in framing charges do not invalidate a trial unless they result in a "failure of justice," allowing courts to order retrials or quash convictions.

Power to restore possession of immovable property

Allows criminal courts to restore possession of immovable property to a person forcibly dispossessed, provided the order is made within one month of conviction.

Procedure by police upon seizure of property

Prescribes the Magistrate’s procedure for managing property seized by the police, including restitution to known owners or issuing proclamations for unknown owners.

Procedure where no claimant appears within six months

Prescribes that unclaimed property, after six months, may be handed over to the State Government for sale, subject to an appeal process.

Power to sell perishable property

Authorizes the Magistrate to sell seized property immediately if it is perishable, if the sale benefits the owner, or if its value is below ₹10,000.

Irregularities which do not vitiate proceedings

Lists procedural errors or lack of authority by a Magistrate that, if done in good faith, do not invalidate the legal proceedings.

Irregularities which vitiate proceedings

Identifies fundamental jurisdictional errors that render a Magistrate’s proceedings completely void and invalid, regardless of good faith.

Proceedings in wrong place

Validates court orders passed in the wrong territorial jurisdiction, provided the error did not lead to a failure of justice.

Non-compliance with provisions of section 183 or section 316

Allows the court to admit confessions or statements even if procedural rules were not strictly followed, provided the accused is not prejudiced in their defense.

Defect or error not to make attachment unlawful

Protects property attachments and officials from being deemed illegal or trespassers due to minor formal defects in court documents.

Definitions (Limitation)

Defines the term "period of limitation" for the chapter regarding limits on taking cognizance of criminal offences.

Bar to taking cognizance after lapse of period of limitation

Mandates statutory time limits (6 months to 3 years) for taking cognizance of minor offences, barring court action once the period expires.

Commencement of period of limitation

Defines the triggers for starting the limitation clock: the date of the crime, the date it was discovered, or the date the perpetrator was identified.

Exclusion of date on which Court is closed

Extends the limitation period to the next working day if it expires on a holiday or a day the court is closed.

Continuing offence

States that for offences that are ongoing in nature, the limitation period restarts at every moment the offence continues to be committed.

Repeal and savings

The final section that repeals the CrPC 1973 while preserving pending cases, trials, and investigations under the old law to ensure a smooth transition.

Extension of period of limitation in certain cases

Empowers the court to ignore the limitation period and take cognizance if the delay is justified or if it serves the interests of justice.

Trials before High Courts

Directs the High Court to follow the Sessions Court trial procedure when it directly conducts a trial.

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

Provides the procedure for transferring military personnel accused of crimes to military authorities for court-martial proceedings instead of trial in ordinary criminal courts.

Forms

Validates the use of standardized legal forms provided in the Second Schedule of the BNSS for various judicial purposes.

Power of High Court to make rules

Grants High Courts the authority to regulate petition-writers in subordinate criminal courts, including licensing, fees, and penalties.

Power to alter functions allocated to Executive Magistrate in certain cases

Allows a State Government to shift specific administrative powers (regarding public order and nuisance) from Executive Magistrates to Judicial Magistrates.

Cases in which Judge or Magistrate is personally interested

Codifies the principle of "Nemo judex in causa sua" (no one should be a judge in their own cause), prohibiting judges from hearing cases where they have a personal interest or are hearing an appeal against their own order.

Practising advocate not to sit as Magistrate in certain Courts

Prevents professional conflict of interest by prohibiting an advocate from acting as a Magistrate in the same jurisdiction where they practice law.

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

Forbids public servants involved in the court-ordered sale of property from participating in the purchase or bidding process themselves.

Saving of inherent powers of High Court

Preserves the High Court’s inherent authority to pass any order necessary to prevent injustice or abuse of the legal process, even if not explicitly mentioned in the Sanhita.

Duty of High Court to exercise continuous superintendence over Courts

Mandates the High Court to actively monitor and supervise subordinate courts to ensure timely and effective justice delivery.

Trial and proceedings to be held in electronic mode

A landmark provision that legalizes the use of electronic modes (VC, electronic communication) for every stage of a criminal trial, from summons to appeals.

Parties may examine witnesses

Ensures that both the prosecution and defense have the right to examine witnesses during the commission process.

Power of Magistrate to order person to give specimen signatures or handwriting, etc.

Empowers Magistrates to order individuals, whether arrested or not, to provide specimen signatures, finger impressions, handwriting, or voice samples for investigation.

Police to enquire and report on suicide, etc.

Prescribes the procedure for police inquests in unnatural or suspicious deaths, including mandatory post-mortems in specific cases.

Power to summon persons

Grants police the power to summon witnesses for inquest investigations with specific protections for vulnerable individuals.

Procedure when corporation or registered society is an accused

Outlines how a corporation or registered society acts through an appointed representative during criminal proceedings.

Inquiry by Magistrate into cause of death

Mandates an inquiry by a Magistrate into custodial deaths, custodial rape, or disappearance, ensuring judicial oversight over police custody.

Expenses of complainants and witnesses

Enables Criminal Courts to order the Government to reimburse reasonable travel and attendance expenses for witnesses and complainants.

Power to summon material witness, or examine person present

Grants Courts broad authority to summon or re-examine any witness at any stage if their testimony is essential for delivering justice.

Oral arguments and memorandum of arguments

Permits parties to present oral arguments and submit written summaries of their case while empowering the Court to regulate irrelevant or lengthy arguments.

Accused person to be competent witness

Allows an accused person to testify as a witness for their own defense on oath, provided they make a written request.

Local inspection

Empowers Judges or Magistrates to personally visit and inspect the scene of a crime to better understand the evidence presented in Court.

Place of inquiry or trial

Provides rules for jurisdiction in cases involving uncertain locations, continuing offences, or crimes committed across multiple areas.

No influence to be used to induce disclosure

Prohibits the use of threats, promises, or any form of influence to coerce an accused person into making or withholding a statement.

Report of police officer on completion of investigation

Regulates the final Charge Sheet (Police Report), mandates timelines for sexual offences, and enforces victim updates.

Power to direct tender of pardon

Empowers the trial court to grant pardon to an accomplice after the case has been committed for trial but before the final judgment.

Place of trial where act is an offence by reason of relation to other offence

Determines jurisdiction for offences related to other crimes, such as abetment or receiving stolen property.

Inquiry, trial or judgment in absentia of proclaimed offender

A landmark provision allowing for the full trial and sentencing of proclaimed offenders in their absence, provided specific procedural safeguards like newspaper advertisements and mandatory legal aid are followed.

Legal aid to accused at State expense in certain cases

Provides for state-funded legal assistance to unrepresented accused persons who lack sufficient financial means to hire an advocate.

Tender of pardon to accomplice

Allows Courts to grant pardon to an accomplice (approver) in exchange for a full disclosure of information regarding a serious crime.

Order of High Court on appeal to be certified to lower Court

Requires the High Court to certify its appellate decisions to the trial court for execution and record amendment.

Offences committed by means of electronic communications, letters, etc.

Defines jurisdiction for digital cheating and matrimonial offences like bigamy, allowing trials where messages are received or where the victim resides.

Evidence of officers of Mint

Makes reports from government mints, printing presses, and forensic laboratories admissible as evidence without personal testimony of the gazetted officers.

Procedure where accused does not understand proceedings

Prescribes the procedure for cases where the accused is sane but unable to understand the trial proceedings (e.g., due to being deaf/mute), requiring High Court confirmation for convictions.

Power of High Court to transfer cases and appeals

Grants High Courts the power to transfer criminal cases or appeals across subordinate courts to ensure impartial trials or legal clarity.

Order to give security

If inquiry proves necessity, the Magistrate orders the person to execute a bond for peace or good behavior. The bond's terms must not exceed the initial order, and children's bonds are signed only by sureties.

Compounding of offences

Provides a list of criminal offences that can be settled (compounded) between the victim and the accused, either directly or with court permission, resulting in an acquittal.

Discharge of person informed against

If the inquiry fails to prove the necessity for a bond, the Magistrate must record the finding and release the person from custody or discharge them if they are not in custody.

Offence committed on journey or voyage

Grants jurisdiction to any Court along the route of a journey where an offence took place.

Withdrawal from prosecution

Empowers the Public Prosecutor to withdraw from a case with the court's consent, leading to the discharge or acquittal of the accused, while mandating that the victim be heard before such withdrawal is allowed.

Commencement of period for which security is required

Security periods for those already in prison start after their sentence ends. For others, the period begins on the date of the order, unless the Magistrate specifies a later date.

Place of trial for offences triable together

Enables a single Court to try multiple offences or multiple accused persons together if they meet the legal criteria for a joint trial.

Contents of bond

The bond binds the person to peace or good behavior. Committing, attempting, or abetting any imprisonable offense constitutes a breach of a good behavior bond.

Power to order cases to be tried in different sessions divisions

Allows the State Government to transfer trials between different sessions divisions for administrative or legal reasons.

Reports of certain Government scientific experts

Allows reports from specified government scientific experts to be used as evidence and permits them to depute qualified officers to testify on their behalf if they cannot attend.

Procedure when Magistrate cannot pass sentence sufficiently severe

Allows a lower-level Magistrate to refer a guilty person to the Chief Judicial Magistrate if the required punishment exceeds the lower court's sentencing powers.

Power to reject sureties

A Magistrate can reject a surety if found unfit after an inquiry. Reasonable notice must be given, evidence recorded, and reasons documented. Previously accepted sureties can only be rejected after summoning the bonded person.

High Court to decide, in case of doubt, district where inquiry or trial shall take place

Mandates that the High Court resolve jurisdictional conflicts when multiple Courts take cognizance of the same crime.

Power to suspend or remit sentences

Grants the Government the power to suspend or remit sentences, subject to conditions and the opinion of the sentencing judge.

Imprisonment in default of security

Failure to provide security leads to imprisonment for the duration of the security period, capped at 3 years. Peace bonds result in simple imprisonment, while good behavior bonds can lead to simple or rigorous imprisonment.

Power to issue summons or warrant for offence committed beyond local jurisdiction

Enables a Magistrate to act against an offender found in their area for crimes committed outside, facilitating their transfer to the proper Court.

Record of evidence in absence of accused

Allows courts to record witness statements when an accused is absconding or when an unknown person commits a major crime, ensuring evidence is preserved for future use.

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Ensures trial continuity by allowing a successor judge or magistrate to use evidence already recorded by their predecessor, avoiding the need to restart the trial from scratch.

Offence committed outside India

Extends Indian jurisdiction to crimes committed globally by Indian citizens or on Indian vessels, subject to Central Government approval.

Court to be open

States that criminal courts are generally open to the public, while mandating in-camera (private) trials for sexual offences, preferably conducted by a woman judge.

Resumption of inquiry or trial

Allows for the resumption of an inquiry or trial once an accused person recovers from their unsoundness of mind and becomes capable of making a defense.

Security for unexpired period of bond

When a person appears after their surety is rejected or cancelled, the Magistrate must cancel the old bond and order a new one for the remaining term, following the same conditions as the original.

Receipt of evidence relating to offences committed outside India

Enables the use of physical or electronic evidence collected abroad in Indian criminal proceedings with government approval.

Procedure on accused appearing before Magistrate or Court

Prescribes the next steps when an accused, previously found of unsound mind, is brought back to court. It determines whether to proceed with the trial or continue medical protocols.

Order for maintenance of wives, children and parents

Section 144 mandates maintenance for wives, children, and parents from individuals with sufficient means. It includes interim maintenance (to be decided within 60 days) and penalties for non-compliance, including imprisonment.

When accused appears to have been of sound mind

Deals with cases where an accused is sane during the trial but was of unsound mind when the alleged offense was committed. It mandates proceeding with the case to establish the facts.

Direction for grant of bail to person apprehending arrest

Outlines the procedure for applying for Anticipatory Bail in the High Court or Sessions Court for non-bailable offences.

Procedure

Section 145 defines the jurisdiction and procedure for maintenance cases. It allows filing in districts where the person is, where the wife/parents reside, or where they last lived together. It also permits ex-parte orders.

Judgment of acquittal on ground of unsoundness of mind

Requires the court to specifically record a finding on whether the act was committed by the accused when granting an acquittal on the grounds of insanity.

Alteration in allowance

Section 146 allows for the modification or cancellation of maintenance orders due to changes in circumstances or Civil Court decisions, and outlines conditions for cancelling maintenance for divorced women.