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CHAPTER 1 to 39, Section 1 to 531, BHARATIYA NAGARIK SURAKSHA SANHITA, 2...


Preamble - BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

CHAPTER I - PRELIMINARY

Section 1 - Short title, extent and commencement

Section 2 - Definitions

Section 3 - Construction of references

Section 4 - Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws

Section 5 - Saving

CHAPTER II - CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 6 - Classes of Criminal Courts

Section 7 - Territorial divisions

Section 8 - Court of Session

Section 9 - Courts of Judicial Magistrates

Section 10 - Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Section 11 - Special Judicial Magistrates

Section 12 - Local Jurisdiction of Judicial Magistrates

Section 13 - Subordination of Judicial Magistrates

Section 14 - Executive Magistrates

Section 15 - Special Executive Magistrates

Section 16 - Local Jurisdiction of Executive Magistrates

Section 17 - Subordination of Executive Magistrates

Section 18 - Public Prosecutors

Section 19 - Assistant Public Prosecutors

Section 20 - Directorate of Prosecution

CHAPTER III - POWER OF COURTS

Section 21 - Courts by which offences are triable

Section 22 - Sentences which High Courts and Sessions Judges may pass

Section 23 - Sentences which Magistrates may pass

Section 24 - Sentence of imprisonment in default of fine

Section 25 - Sentence in cases of conviction of several offences at one trial

Section 26 - Mode of conferring powers

Section 27 - Powers of officers appointed

Section 28 - Withdrawal of powers

Section 29 - Powers of Judges and Magistrates exercisable by their successors- in- office

CHAPTER IV - POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Section 30 - Powers of superior officers of police

Section 31 - Public when to assist Magistrates and police

Section 32 - Aid to person, other than police officer, executing warrant

Section 33 - Public to give information of certain offences

Section 34 - Duty of officers employed in connection with affairs of a village to make certain report

CHAPTER V - ARREST OF PERSONS

Section 35 - When police may arrest without warrant

Section 36 - Procedure of arrest and duties of officer making arrest

Section 37 - Designated police officer

Section 38 - Right of arrested person to meet an advocate of his choice during interrogation

Section 39 - Arrest on refusal to give name and residence

Section 40 - Arrest by private person and procedure on such arrest

Section 41 - Arrest by Magistrate

Section 42 - Protection of members of Armed Forces from arrest

Section 43 - Arrest how made

Section 44 - Search of place entered by person sought to be arrested

Section 45 - Pursuit of offenders into other jurisdictions

Section 46 - No unnecessary restraint

Section 47 - Person arrested to be informed of grounds of arrest and of right to bail

Section 48 - Obligation of person making arrest to inform about arrest, etc., to relative or friend

Section 49 - Search of arrested person

Section 50 - Power to seize offensive weapons

Section 51 - Examination of accused by medical practitioner at request of police officer

Section 52 - Examination of person accused of rape by medical practitioner

Section 53 - Examination of arrested person by medical officer

Section 54 - Identification of person arrested

Section 55 - Procedure when police officer deputes subordinate to arrest without warrant

Section 56 - Health and safety of arrested person

Section 57 - Person arrested to be taken before Magistrate or officer in charge of police station

Section 58 - Person arrested not to be detained more than twenty- four hours

Section 59 - Police to report apprehensions

Section 60 - Discharge of person apprehended

Section 61 - Power, on escape, to pursue and retake

Section 62 - Arrest to be made strictly according to Sanhita

CHAPTER VI - PROCESSES TO COMPEL APPEARANCE

  1. A.   Summons

Section 63 - Form of summons

Section 64 - Summons how served

Section 65 - Service of summons on corporate bodies, firms, and societies

Section 66 - Service when persons summoned cannot be found

Section 67 - Procedure when service cannot be effected as before provided

Section 68 - Service on Government servant

Section 69 - Service of summons outside local limits

Section 70 - Proof of service in such cases and when serving officer not present

Section71 - Service of summons on witness

  1. A.  Warrant of arrest

Section 72 - Form of warrant of arrest and duration

Section 73 - Power to direct security to be taken

Section 74 - Warrants to whom directed

Section 75 - Warrant may be directed to any person

Section 76 - Warrant directed to police officer

Section 77 - Notification of substance of warrant

Section 78 - Person arrested to be brought before Court without delay

Section 79 - Where warrant may be executed

Section 80 - Warrant forwarded for execution outside jurisdiction

Section 81 - Warrant directed to police officer for execution outside jurisdiction

Section 82 - Procedure on arrest of person against whom warrant issued

Section 83 - Procedure by Magistrate before whom such person arrested is brought

  1. B.   Proclamation and attachment

Section 84 - Proclamation for person absconding

Section 85 - Attachment of property of person absconding

Section 86 - Identification and attachment of property of proclaimed person

Section 87 - Claims and objections to attachment

Section 88 - Release, sale and restoration of attached property

Section 89 - Appeal from order rejecting application for restoration of attached property

C.   Other rules regarding processes

Section 90 - Issue of warrant in lieu of, or in addition to, summons

Section 91 - Power to take bond or bail bond for appearance

Section 92 - Arrest on breach of bond or bail bond for appearance

Section 93 - Provisions of this Chapter generally applicable to summons and warrants of arrest

CHAPTER VII - PROCESSES TO COMPEL THE PRODUCTION OF THINGS

Summons to produce

Section 94 - Summons to produce document or other thing

Section 95 - Procedure as to letters

  1. A.  Search- warrants

Section 96 - When search- warrant may be issued

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

Section 98 - Power to declare certain publications forfeited and to issue search- warrants for same

Section 99 - Application to High Court to set aside declaration of forfeiture

Section 100 - Search for persons wrongfully confined

Section 101 - Power to compel restoration of abducted females

  1. B.  General provisions relating to searches

Section 102 - Direction, etc., of search- warrants

Section 103 - Persons in charge of closed place to allow search

Section 104 - Disposal of things found in search beyond jurisdiction

  1. C.   Miscellaneous

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

Section 106 - Power of police officer to seize certain property

Section 107 - Attachment, forfeiture or restoration of property

Section 108 - Magistrate may direct search in his presence

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

Section 110 - Reciprocal arrangements regarding processes

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

Section 111 - Definitions

Section 112 - Letter of request to competent authority for investigation in a country or place outside India

Section 113 - Letter of request from a country or place outside India to a Court or an authority for investigation in India

Section 114 - Assistance in securing transfer of persons

Section 115 - Assistance in relation to orders of attachment or forfeiture of property

Section 116 - Identifying unlawfully acquired property

Section 117 - Seizure or attachment of property

Section 118 - Management of properties seized or forfeited under this Chapter

Section 119 - Notice of forfeiture of property

Section 120 - Forfeiture of property in certain cases

Section 121 - Fine in lieu of forfeiture

Section 122 - Certain transfers to be null and void

Section 123 - Procedure in respect of letter of request Section 124 - Application of this Chapter

CHAPTER IX - SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Section 125 - Security for keeping peace on conviction

Section 126 - Security for keeping peace in other cases

Section 127 - Security for good behaviour from persons disseminating certain matters

Section 128 - Security for good behaviour from suspected persons

Section 129 - Security for good behaviour from habitual offenders

Section 130 - Order to be made

Section 131 - Procedure in respect of person present in Court

Section 132 - Summons or warrant in case of person not so present

Section 133 - Copy of order to accompany summons or warrant

Section 134 - Power to dispense with personal attendance

Section 135 - Inquiry as to truth of information

Section 136 - Order to give security

Section 137 - Discharge of person informed against

Section 138 - Commencement of period for which security is required

Section 139 - Contents of bond

Section 140 - Power to reject sureties

Section 141 - Imprisonment in default of security

Section 142 - Power to release persons imprisoned for failing to give security

Section 143 - Security for unexpired period of bond

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

Section 144 - Order for maintenance of wives, children and parents

Section 145 - Procedure

Section 146 - Alteration in allowance

Section 147 - Enforcement of order of maintenance

CHAPTER XI - MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.   Unlawful assemblies

Section 148 - Dispersal of assembly by use of civil force

Section 149 - Use of armed forces to disperse assembly

Section 150 - Power of certain armed force officers to disperse assembly

Section 151 - Protection against prosecution for acts done under

sections 148, 149 and 150

 

B.  Public nuisances Section

152 - Conditional order for removal of nuisance

Section 153 - Service or notification of order

Section 154 - Person to whom order is addressed to obey or show cause

Section 155 - Penalty for failure to comply with section 154

Section 156 - Procedure where existence of public right is denied

Section 157 - Procedure where person against whom order is made under

section 152 appears to show cause

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

Section 159 - Power of Magistrate to furnish written instructions, etc

Section 160 - Procedure on order being made absolute and consequences of disobedience

Section 161 - Injunction pending inquiry

Section 162 - Magistrate may prohibit repetition or continuance of public nuisance

  1. A.  Urgent cases of nuisance or apprehended danger

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

  1. B.    Disputes as to immovable property

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

Section 165 - Power to attach subject of dispute and to appoint receiver

Section 166 - Dispute concerning right of use of land or water

Section 167 - Local inquiry

CHAPTER XII - PREVENTIVE ACTION OF THE POLICE

Section 168 - Police to prevent cognizable offences

Section 169 - Information of design to commit cognizable offences

Section 170 - Arrest to prevent commission of cognizable offences

Section 171 - Prevention of injury to public property

Section 172 - Persons bound to conform to lawful directions of police

CHAPTER XIII - INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 173 - Information in cognizable cases

Section 174 - Information as to non- cognizable cases and investigation of such cases

Section 175 - Police officer's power to investigate cognizable case

Section 176 - Procedure for investigation

Section 177 - Report how submitted

Section 178 - Power to hold investigation or preliminary inquiry

Section 179 - Police officer's power to require attendance of witnesses

Section 180 - Examination of witnesses by police

Section 181 - Statements to police and use thereof

Section 182 - No inducement to be offered

Section 183 - Recording of confessions and statements

Section 184 - Medical examination of victim of rape

Section 185 - Search by police officer

Section 186 - When officer in charge of police station may require another to issue search- warrant

Section 187 - Procedure when investigation cannot be completed in twenty- four hours

Section 188 - Report of investigation by subordinate police officer

Section 189 - Release of accused when evidence deficient

Section 190 - Cases to be sent to Magistrate, when evidence is sufficient

Section 191 - Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

Section 192 - Diary of proceedings in investigation

Section 193 - Report of police officer on completion of investigation

Section 194 - Police to enquire and report on suicide, etc

Section 195 - Power to summon persons

Section 196 - Inquiry by Magistrate into cause of death

CHAPTER XIV - JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 197 - Ordinary place of inquiry and trial

Section 198 - Place of inquiry or trial

Section 199 - Offence triable where act is done or consequence ensues

Section 200 - Place of trial where act is an offence by reason of relation to other offence

Section 201 - Place of trial in case of certain offences

Section 202 - Offences committed by means of electronic communications, letters, etc

Section 203 - Offence committed on journey or voyage

Section 204 - Place of trial for offences triable together

Section 205 - Power to order cases to be tried in different sessions divisions

Section 206 - High Court to decide, in case of doubt, district where inquiry or trial shall take place

Section 207 - Power to issue summons or warrant for offence committed beyond local jurisdiction

Section 208 - Offence committed outside India

Section 209 - Receipt of evidence relating to offences committed outside India

CHAPTER XV - CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 210 - Cognizance of offences by Magistrate

Section 211 - Transfer on application of accused

Section 212 - Making over of cases to Magistrates

Section 213 - Cognizance of offences by Court of Session

Section 214 - Additional Sessions Judges to try cases made over to them

Section 215 - Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Section 216 - Procedure for witnesses in case of threatening, etc

Section 217 - Prosecution for offences against State and for criminal conspiracy to commit such offence

Section 218 - Prosecution of Judges and public servants

Section 219 - Prosecution for offences against marriage

Section 220 - Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

Section 221 - Cognizance of offence

Section 222 - Prosecution for defamation

CHAPTER XVI - COMPLAINTS TO MAGISTRATES

Section 223 - Examination of complainant

Section 224 - Procedure by Magistrate not competent to take cognizance of case

Section 225 - Postponement of issue of process

Section 226 - Dismissal of complaint

CHAPTER XVII - COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227 - Issue of process

Section 228 - Magistrate may dispense with personal attendance of accused

Section 229 - Special summons in cases of petty offence

Section 230 - Supply to accused of copy of police report and other documents

Section 231 - Supply of copies of statements and documents to accused in other cases triable by Court of Session

Section 232 - Commitment of case to Court of Session when offence is triable exclusively by it

Section 233 - Procedure to be followed when there is a complaint case and police investigation in respect of same offence

CHAPTER XVIII - THE CHARGE

  1. A.  Form of charges

Section 234 - Contents of charge

Section 235 - Particulars as to time, place and person

Section 236 - When manner of committing offence must be stated

Section 237 - Words in charge taken in sense of law under which offence is punishable

Section 238 - Effect of errors

Section 239 - Court may alter charge

Section 240 - Recall of witnesses when charge altered

  1. B.  Joinder of charges

Section 241 - Separate charges for distinct offences

Section 242 - Offences of same kind within year may be charged together

Section 243 - Trial for more than one offence

Section 244 - Where it is doubtful what offence has been committed

Section 245 - When offence proved included in offence charged

Section 246 - What persons may be charged jointly

Section 247 - Withdrawal of remaining charges on conviction on one of several charges

CHAPTER XIX - TRIAL BEFORE A COURT OF SESSION

Section 248 - Trial to be conducted by Public Prosecutor

Section 249 - Opening case for prosecution

Section 250 - Discharge

Section 251 - Framing of charge

Section 252 - Conviction on plea of guilty

Section 253 - Date for prosecution evidence

Section 254 - Evidence for prosecution

Section 255 - Acquittal

Section 256 - Entering upon defence

Section 257 - Arguments

Section 258 - Judgment of acquittal or conviction

Section 259 - Previous conviction

Section 260 - Procedure in cases instituted under sub- section (2) ofsection 222

CHAPTER XX - TRIAL OF WARRANT- CASES BY MAGISTRATES

  1. A.   Cases instituted on a police report

Section 261 - Compliance with section 230

Section 262 - When accused shall be discharged

Section 263 - Framing of charge

Section 264 - Conviction on plea of guilty

Section 265 - Evidence for prosecution

Section 266 - Evidence for defence

  1. B.  Cases instituted otherwise than on police report

Section 267 - Evidence for prosecution

Section 268 - When accused shall be discharged

Section 269 - Procedure where accused is not discharged

Section 270 - Evidence for defence

  1. C.  Conclusion of trial

Section 271 - Acquittal or conviction

Section 272 - Absence of complainant

Section 273 - Compensation for accusation without reasonable cause

CHAPTER XXI - TRIAL OF SUMMONS- CASES BY MAGISTRATES

Section 274 - Substance of accusation to be stated

Section 275 - Conviction on plea of guilty

Section 276 - Conviction on plea of guilty in absence of accused in petty cases

Section 277 - Procedure when not convicted

Section 278 - Acquittal or conviction

Section 279 - Non- appearance or death of complainant

Section 280 - Withdrawal of complaint

Section 281 - Power to stop proceedings in certain cases

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

CHAPTER XXII - TRIAL OF SUMMONS- CASES BY MAGISTRATES

Section 283 - Power to try summarily

Section 284 - Summary trial by Magistrate of second class

Section 285 - Procedure for summary trials

Section 286 - Record in summary trials

Section 287 - Judgment in cases tried summarily

Section 288 - Language of record and judgment

CHAPTER XXIII - PLEA BARGAINING

Section 289 - Application of Chapter

Section 290 - Application for plea bargaining

Section 291 - Guidelines for mutually satisfactory disposition

Section 292 - Report of mutually satisfactory disposition to be submitted before Court

Section 293 - Disposal of case

Section 294 - Judgment of Court Section 295 - Finality of judgment

Section 296 - Power of Court in plea bargaining

Section  297  -  Period  of  detention  undergone  by  accused  to  be  set  off  against  sentence  of imprisonment

Section 298 - Savings

Section 299 - Statements of accused not to be used

Section 300 - Non- application of Chapter

CHAPTER XXIV - ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Section 301 - Definitions

Section 302 - Power to require attendance of prisoners

Section 303 - Power of State Government or Central Government to exclude certain persons from operation of section 302

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

Section 305 - Prisoner to be brought to Court in custody

Section 306 - Power to issue commission for examination of witness in prison

CHAPTER XXV - EVIDENCE IN INQUIRIES AND TRIALS

  1. A.   Mode of taking and recording evidence

Section 307 - Language of Courts

Section 308 - Evidence to be taken in presence of accused

Section 309 - Record in summons- cases and inquiries

Section 310 - Record in warrant- cases

Section 311 - Record in trial before Court of Session

Section 312 - Language of record of evidence

Section 313 - Procedure in regard to such evidence when completed

Section 314 - Interpretation of evidence to accused or his advocate

Section 315 - Remarks respecting demeanour of witness

Section 316 - Record of examination of accused

Section 317 - Interpreter to be bound to interpret truthfully

Section 318 - Record in High Court

  1. B.  Commissions for the examination of witnesses

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

Section 320 - Commission to whom to be issued

Section 321 - Execution of commissions

Section 322 - Parties may examine witnesses

Section 323 - Return of commission

Section 324 - Adjournment of proceeding

Section 325 - Execution of foreign commissions

Section 326 - Deposition of medical witness

Section 327 - Identification report of Magistrate

Section 328 - Evidence of officers of Mint

Section 329 - Reports of certain Government scientific experts

Section 330 - No formal proof of certain documents

Section 331 - Affidavit in proof of conduct of public servants

Section 332 - Evidence of formal character on affidavit

Section 333 - Authorities before whom affidavits may be sworn

Section 334 - Previous conviction or acquittal how proved

Section 335 - Record of evidence in absence of accused

Section 336 - Evidence of public servants, experts, police officers in certain cases

CHAPTER XXVI - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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

Section 338 - Appearance by Public Prosecutors

Section 339 - Permission to conduct prosecution

Section 340 - Right of person against whom proceedings are instituted to be defended

Section 341 - Legal aid to accused at State expense in certain cases

Section 342 - Procedure when corporation or registered society is an accused

Section 343 - Tender of pardon to accomplice

Section 344 - Power to direct tender of pardon

Section 345 - Trial of person not complying with conditions of pardon

Section 346 - Power to postpone or adjourn proceedings

Section 347 - Local inspection

Section 348 - Power to summon material witness, or examine person present

Section 349 - Power of Magistrate to order person to give specimen signatures or handwriting, etc

Section 350 - Expenses of complainants and witnesses

Section 351 - Power to examine accused

Section 352 - Oral arguments and memorandum of arguments

Section 353 - Accused person to be competent witness

Section 354 - No influence to be used to induce disclosure

Section 355 - Provision for inquiries and trial being held in absence of accused in certain cases

Section 356 - Inquiry, trial or judgment in absentia of proclaimed offender

Section 357 - Procedure where accused does not understand proceedings

Section 358 - Power to proceed against other persons appearing to be guilty of offence

Section 359 - Compounding of offences

Section 360 - Withdrawal from prosecution

Section 361 - Procedure in cases which Magistrate cannot dispose of

Section 362 - Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

Section 363 - Trial of persons previously convicted of offences against coinage, stamp- law or property

Section 364 - Procedure when Magistrate cannot pass sentence sufficiently severe

Section 365 - Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Section 366 - Court to be open

CHAPTER XXVII - PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Section 367 - Procedure in case of accused being person of unsound mind

Section 368 - Procedure in case of person of unsound mind tried before Court

Section 369 - Release of person of unsound mind pending investigation or trial

Section 370 - Resumption of inquiry or trial

Section 371 - Procedure on accused appearing before Magistrate or Court

Section 372 - When accused appears to have been of sound mind

Section 373 - Judgment of acquittal on ground of unsoundness of mind

Section 374 - Person acquitted on ground of unsoundness of mind to be detained in safe custody

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

Section 376 - Procedure where prisoner of unsound mind is reported capable of making his defence

Section 377 - Procedure where person of unsound mind detained is declared fit to be released

Section 378 - Delivery of person of unsound mind to care of relative or friend

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

Section 379 - Procedure in cases mentioned in section 215

Section 380 - Appeal

Section 381 - Power to order costs

Section 382 - Procedure of Magistrate taking cognizance

Section 383 - Summary procedure for trial for giving false evidence

Section 384 - Procedure in certain cases of contempt

Section 385 - Procedure where Court considers that case should not be dealt with under section 384

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

Section 387 - Discharge of offender on submission of apology

Section 388 - Imprisonment or committal of person refusing to answer or produce document

Section 389 - Summary procedure for punishment for non- attendance by a witness in obedience to summons

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

Section 391 - Certain Judges and Magistrates not to try certain offences when committed before themselves

CHAPTER XXIX - THE JUDGMENT

Section 392 - Judgment

Section 393 - Language and contents of judgment

Section 394 - Order for notifying address of previously convicted offender

Section 395 - Order to pay compensation

Section 396 - Victim compensation scheme

Section 397 - Treatment of victims

Section 398 - Witness protection scheme

Section 399 - Compensation to persons groundlessly arrested

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

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

Section 402 - Special reasons to be recorded in certain cases

Section 403 - Court not to alter judgment

Section 404 - Copy of judgment to be given to accused and other persons

Section 405 - Judgment when to be translated

Section 406 - Court of Session to send copy of finding and sentence to District Magistrate

CHAPTER XXX - SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

Section 407 - Sentence of death to be submitted by Court of Session for confirmation

Section 408 - Power to direct further inquiry to be made or additional evidence to be taken

Section 409 - Power of High Court to confirm sentence or annul conviction

Section 410 - Confirmation or new sentence to be signed by two Judges

Section 411 - Procedure in case of difference of opinion

Section 412 - Procedure in cases submitted to High Court for confirmation

CHAPTER XXXI - APPEALS

Section 413 - No appeal to lie unless otherwise provided

Section 414 - Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

Section 415 - Appeals from convictions

Section 416 - No appeal in certain cases when accused pleads guilty

Section 417 - No appeal in petty cases

Section 418 - Appeal by State Government against sentence

Section 419 - Appeal in case of acquittal

Section 420 - Appeal against conviction by High Court in certain cases

Section 421 - Special right of appeal in certain cases

Section 422 - Appeal to Court of Session how heard

Section 423 - Petition of appeal

Section 424 - Procedure when appellant in jail

Section 425 - Summary dismissal of appeal

Section 426 - Procedure for hearing appeals not dismissed summarily

Section 427 - Powers of Appellate Court

Section 428 - Judgments of subordinate Appellate Court

Section 429 - Order of High Court on appeal to be certified to lower Court

Section 430 - Suspension of sentence pending appeal; release of appellant on bail

Section 431 - Arrest of accused in appeal from acquittal

Section 432 - Appellate Court may take further evidence or direct it to be taken

Section 433 - Procedure where Judges of Court of appeal are equally divided

Section 434 - Finality of judgments and orders on appeal

Section 435 - Abatement of appeals

CHAPTER XXXII - REFERENCE AND REVISION

Section 436 - Reference to High Court

Section 437 - Disposal of case according to decision of High Court

Section 438 - Calling for records to exercise powers of revision

Section 439 - Power to order inquiry

Section 440 - Sessions Judge's powers of revision

Section 441 - Power of Additional Sessions Judge

Section 442 - High Court's powers of revision

Section 443 - Power of High Court to withdraw or transfer revision cases

Section 444 - Option of Court to hear parties

Section 445 - High Court's order to be certified to lower Court

CHAPTER XXXIII - TRANSFER OF CRIMINAL CASES

Section 446 - Power of Supreme Court to transfer cases and appeals

Section 447 - Power of High Court to transfer cases and appeals

Section 448 - Power of Sessions Judge to transfer cases and appeals

Section 449 - Withdrawal of cases and appeals by Sessions Judges

Section 450 - Withdrawal of cases by Judicial Magistrates

Section 451 - Making over or withdrawal of cases by Executive Magistrates

Section 452 - Reasons to be recorded

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

  1. A.   Death sentences

Section 453 - Execution of order passed under section 409

Section 454 - Execution of sentence of death passed by High Court

Section 455 - Postponement of execution of sentence of death in case of appeal to Supreme Court

Section 456 - Commutation of sentence of death on pregnant woman

B.  Imprisonment

Section 457 - Power to appoint place of imprisonment

Section 458 - Execution of sentence of imprisonment Section 459 - Direction of warrant for execution

Section 460 - Warrant with whom to be lodged

  1. A.  Levy of fine

Section 461 - Warrant for levy of fine

Section 462 - Effect of such warrant

Section 463 - Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend

Section 464 - Suspension of execution of sentence of imprisonment

  1. B.    General provisions regarding execution

Section 465 - Who may issue warrant

Section 466 - Sentence on escaped convict when to take effect

Section 467 - Sentence on offender already sentenced for another offence

Section  468  -  Period  of  detention  undergone  by  accused  to  be  set  off  against  sentence  of imprisonment

Section 469 - Saving

Section 470 - Return of warrant on execution of sentence

Section 471 - Money ordered to be paid recoverable as a fine

C. Suspension, remission and commutation of sentences

Section 472 - Mercy petition in death sentence cases

Section 473 - Power to suspend or remit sentences

Section 474 - Power to commute sentence

Section 475 - Restriction on powers of remission or commutation in certain cases

Section 476 - Concurrent power of Central Government in case of death sentences

Section 477 - State Government to act after concurrence with Central Government in certain cases

CHAPTER XXXV - PROVISIONS AS TO BAIL AND BONDS

Section 478 - In what cases bail to be taken

Section 479 - Maximum period for which undertrial prisoner can be detained

Section 480 - When bail may be taken in case of non- bailable offence

Section 481 - Bail to require accused to appear before next Appellate Court

Section 482 - Direction for grant of bail to person apprehending arrest  

Section 483 - Special powers of High Court or Court of Session regarding bail

Section 484 - Amount of bond and reduction thereof

Section 485 - Bond of accused and sureties

Section 486 - Declaration by sureties

Section 487 - Discharge from custody

Section 488 - Power to order sufficient bail when that first taken is insufficient

Section 489 - Discharge of sureties

Section 490 - Deposit instead of recognizance

Section 491 - Procedure when bond has been forfeited

Section 492 - Cancellation of bond and bail bond

Section 493 - Procedure in case of insolvency or death of surety or when a bond is forfeited

Section 494 - Bond required from child

Section 495 - Appeal from orders under section 491

Section 496 - Power to direct levy of amount due on certain recognizances

CHAPTER XXXVI - DISPOSAL OF PROPERTY

Section 497 - Order for custody and disposal of property pending trial in certain cases

Section 498 - Order for disposal of property at conclusion of trial

Section 499 - Payment to innocent purchaser of money found on accused

Section 500 - Appeal against orders under section 498 or section 499

Section 501 - Destruction of libellous and other matter

Section 502 - Power to restore possession of immovable property

Section 503 - Procedure by police upon seizure of property

Section 504 - Procedure where no claimant appears within six months

Section 505 - Power to sell perishable property

CHAPTER XXXVII - IRREGULAR PROCEEDINGS

Section 506 - Irregularities which do not vitiate proceedings

Section 507 - Irregularities which vitiate proceedings

Section 508 - Proceedings in wrong place

Section 509 - Non- compliance with provisions of section 183 or section 316

Section 510 - Effect of omission to frame, or absence of, or error in, charge

Section 511 - Finding or sentence when reversible by reason of error, omission or irregularity

Section 512 - Defect or error not to make attachment unlawful

CHAPTER XXXVIII - LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 513 - Definitions

Section 514 - Bar to taking cognizance after lapse of period of limitation

Section 515 - Commencement of period of limitation

Section 516 - Exclusion of time in certain cases

Section 517 - Exclusion of date on which Court is closed

Section 518 - Continuing offence

Section 519 - Extension of period of limitation in certain cases

CHAPTER XXXIX - MISCELLANEOUS

Section 520 - Trials before High Courts

Section 521 - Delivery to commanding officers of persons liable to be tried by Court- martial

Section 522 - Forms

Section 523 - Power of High Court to make rules

Section 524 - Power to alter functions allocated to Executive Magistrate in certain cases

Section 525 - Cases in which Judge or Magistrate is personally interested

Section 526 - Practising advocate not to sit as Magistrate in certain Courts  

Section 527 - Public servant concerned in sale not to purchase or bid for property

Section 528 - Saving of inherent powers of High Court

Section 529 - Duty of High Court to exercise continuous superintendence over Courts

Section 530 - Trial and proceedings to be held in electronic mode

Section 531 - Repeal and savings Schedule I - FIRST SCHEDULE Schedule II - SECOND SCHEDULE

Statement of Objects and Reasons - BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 

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