1. Short title, 2. Definitions, 3. Construction of references, 4. Trial ...

CHAPTER 1 to 12, Section 1 to 170, Bharatiya Sakshya Adhiniyam, 2023-2024

 

Preamble - THE BHARATIYA SAKSHYA ADHINIYAM, 2023-2024

Part I

Chapter I - PRELIMINARY

Section 1 - Short title, application and commencements

Section 2 - Definitions

Part II - PART II

Chapter II - RELEVANCY OF FACTS

Section 3 - Evidence may be given of facts in issue and relevant facts

Section 4 to 14 - Closely connected facts

Section 4 - Relevancy of facts forming part of same transaction

Section 5 - Facts which are occasion, cause or effect of facts in issue or relevant facts

Section 6 - Motive, preparation and previous or subsequent conduct

Section 7 - Facts necessary to explain or introduce fact in issue or relevant facts

Section 8 - Things said or done by conspirator in reference to common design

Section 9 - When facts not otherwise relevant become relevant

Section 10 - Facts tending to enable Court to determine amount are relevant in suits for damages

Section 11 - Facts relevant when right or custom is in question

Section 12 - Facts showing existence of state of mind, or of body or bodily feeling

Section 13 - Facts bearing on question whether act was accidental or intentional

Section 14 - Existence of course of business when relevant

Section 15 to 25 - Admissions

Section 15 - Admission defined

Section 16 - Admission by party to proceeding or his agent

Section 17 - Admissions by persons whose position must be proved as against party to suit

Section 18 - Admissions by persons expressly referred to by party to suit

Section 19 - Proof of admissions against persons making them, and by or on their behalf

Section 20 - When oral admissions as to contents of documents are relevant

Section 21 - Admissions in civil cases when relevant

Section 22 - Confession caused by inducement, threat, coercion or promise, when irrelevant in
criminal proceeding

Section 23 - Confession to police officer

Section 24 - Consideration of proved confession affecting person making it and others jointly
under trial for same offence

Section 25 - Admissions not conclusive proof, but may estop

Section 26 to 27 - Statements by persons who cannot be called as witnesses

Section 26 - Cases in which statement of relevant fact by person who is dead or cannot be found,
etc., is relevant

Section 27 - Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts
therein stated

Section 28 to 32 - Statements made under special circumstances

Section 28 - Entries in books of account when relevant

Section 29 - Relevancy of entry in public record or an electronic record made in performance of
duty

Section 30 - Relevancy of statements in maps, charts and plans

Section 31 - Relevancy of statement as to fact of public nature contained in certain Acts or
notifications

Section 32 - Relevancy of statements as to any law contained in law books including electronic
or digital form

Section 33 to 33 - How much of a statement is to be proved

Section 33 - What evidence to be given when statement forms part of a conversation, document,
electronic record, book or series of letters or papers.

Section 34 to 38 - Judgments of Courts when relevant

Section 34 - Previous judgments relevant to bar a second suit or trial

Section 35 - Relevancy of certain judgments in probate, etc., jurisdiction

Section 36 - Relevancy and effect of judgments, orders or decrees, other than those mentioned
in section 35

Section 37 - Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

Section 38 - Fraud or collusion in obtaining judgment, or incompetency of Court, may be
proved

Section 39 to 45 - Opinions of third persons when relevant

Section 39 - Opinions of experts

Section 40 - Facts bearing upon opinions of experts

Section 41 - Opinion as to handwriting and signature, when relevant

Section 42 - Opinion as to existence of general custom or right, when relevant

Section 43 - Opinion as to usages, tenets, etc., when relevant

Section 44 - Opinion on relationship, when relevant

Section 45 - Grounds of opinion, when relevant

Section 46 to 50 - Character when relevant

Section 46 - In civil cases character to prove conduct imputed, irrelevant

Section 47 - In criminal cases previous good character relevant

Section 48 - Evidence of character or previous sexual experience not relevant in certain cases

Section 49 - Previous bad character not relevant, except in reply

Section 50 - Character as affecting damages

Part III - ON PROOF

Chapter III - FACTS WHICH NEED NOT BE PROVED

Section 51 - Fact judicially noticeable need not be proved

Section 52 - Facts of which Court shall take judicial notice

Section 53 - Facts admitted need not be proved

Chapter IV - OF ORAL EVIDENCE

Section 54 - Proof of facts by oral evidence

Section 55 - Oral evidence to be direct

Chapter V - OF DOCUMENTARY EVIDENCE

Section 56 - Proof of contents of documents

Section 57 - Primary evidence

Section 58 - Secondary evidence

Section 59 - Proof of documents by primary evidence

Section 60 - Cases in which secondary evidence relating to documents may be given

Section 61 - Electronic or digital record

Section 62 - Special provisions as to evidence relating to electronic record

Section 63 - Admissibility of electronic records

Section 64 - Rules as to notice to produce

Section 65 - Proof of signature and handwriting of person alleged to have signed or written
document produced

Section 66 - Proof as to electronic signature

Section 67 - Proof of execution of document required by law to be attested

Section 68 - Proof where no attesting witness found

Section 69 - Admission of execution by party to attested document

Section 70 - Proof when attesting witness denies execution

Section 71 - Proof of document not required by law to be attested

Section 72 - Comparison of signature, writing or seal with others admitted or proved

Section 73 - Proof as to verification of digital signature

Section 74 to 77 - Public documents

Section 74 - Public and private documents

Section 75 - Certified copies of public documents

Section 76 - Proof of documents by production of certified copies

Section 77 - Proof of other official documents

Section 78 to 93 - Presumptions as to documents

Section 78 - Presumption as to genuineness of certified copies

Section 79 - Presumption as to documents produced as record of evidence, etc

Section 80 - Presumption as to Gazettes, newspapers, and other documents

Section 81 - Presumption as to Gazettes in electronic or digital record

Section 82 - Presumption as to maps or plans made by authority of Government

Section 83 - Presumption as to collections of laws and reports of decisions

Section 84 - Presumption as to powers-of-attorney

Section 85 - Presumption as to electronic agreements

Section 86 - Presumption as to electronic records and electronic signatures

Section 87 - Presumption as to Electronic Signature Certificates

Section 88 - Presumption as to certified copies of foreign judicial records

Section 89 - Presumption as to books, maps and charts

Section 90 - Presumption as to electronic messages

Section 91 - Presumption as to due execution, etc., of documents not produced

Section 92 - Presumption as to documents thirty years old

Section 93 - Presumption as to electronic records five years old

Chapter VI - OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Section 94 - Evidence of terms of contracts, grants and other dispositions of property reduced
to form of document

Section 95 - Exclusion of evidence of oral agreement

Section 96 - Exclusion of evidence to explain or amend ambiguous document

Section 97 - Exclusion of evidence against application of document to existing facts

Section 98 - Evidence as to document unmeaning in reference to existing facts

Section 99 - Evidence as to application of language which can apply to one only of several
persons

Section 100 - Evidence as to application of language to one of two sets of facts, to neither of
which the whole correctly applies

Section 101 - Evidence as to meaning of illegible characters, etc.

Section 102 - Who may give evidence of agreement varying terms of document

Section 103 - Saving of provisions of Indian Succession Act relating to wills

Part IV - PRODUCTION AND EFFECT OF EVIDENCE

Chapter VII - OF THE BURDEN OF PROOF

Section 104 - Burden of proof

Section 105 - On whom burden of proof lies

Section 106 - Burden of proof as to particular fact

Section 107 - Burden of proving fact to be proved to make evidence admissible

Section 108 - Burden of proving that case of accused comes within exceptions

Section 109 - Burden of proving fact especially within knowledge

Section 110 - Burden of proving death of person known to have been alive within thirty years

Section 111 - Burden of proving that person is alive who has not been heard of for seven years

Section 112 - Burden of proof as to relationship in the cases of partners, landlord and tenant,
principal and agent

Section 113 - Burden of proof as to ownership

Section 114 - Proof of good faith in transactions where one party is in relation of active
confidence

Section 115 - Presumption as to certain offences

Section 116 - Birth during marriage, conclusive proof of legitimacy

Section 117 - Presumption as to abetment of suicide by a married woman

Section 118 - Presumption as to dowry death

Section 119 - Court may presume existence of certain facts

Section 120 - Presumption as to absence of consent in certain prosecution for rape

Chapter VIII - ESTOPPEL

Section 121 - Estoppel

Section 122 - Estoppel of tenant and of licensee of person in possession

Section 123 - Estoppel of acceptor of bill of exchange, bailee or licensee

Chapter IX - OF WITNESSES

Section 124 - Who may testify

Section 125 - Witness unable to communicate verbally

Section 126 - Competency of husband and wife as witnesses in certain cases

Section 127 - Judges and Magistrates

Section 128 - Communications during marriage

Section 129 - Evidence as to affairs of State

Section 130 - Official communications

Section 131 - Information as to commission of offences

Section 132 - Professional communications

Section 133 - Privilege not waived by volunteering evidence

Section 134 - Confidential communication with legal advisers

Section 135 - Production of title-deeds of witness not a party

Section 136 - Production of documents or electronic records which another person, having
possession, could refuse to produce

Section 137 - Witness not excused from answering on ground that answer will criminate

Section 138 - Accomplice

Section 139 - Number of witnesses

Chapter X - OF EXAMINATION OF WITNESSES

Section 140 - Order of production and examination of witnesses

Section 141 - Judge to decide as to admissibility of evidence

Section 142 - Examination of witnesses

Section 143 - Order of examinations

Section 144 - Cross-examination of person called to produce a document

Section 145 - Witnesses to character

Section 146 - Leading questions

Section 147 - Evidence as to matters in writing

Section 148 - Cross-examination as to previous statements in writing

Section 149 - Questions lawful in cross-examination

Section 150 - When witness to be compelled to answer

Section 151 - Court to decide when question shall be asked and when witness compelled to
answer

Section 152 - Question not to be asked without reasonable grounds

Section 153 - Procedure of Court in case of question being asked without reasonable grounds

Section 154 - Indecent and scandalous questions

Section 155 - Questions intended to insult or annoy

Section 156 - Exclusion of evidence to contradict answers to questions testing veracity

Section 157 - Question by party to his own witness

Section 158 - Impeaching credit of witness

Section 159 - Questions tending to corroborate evidence of relevant fact, admissible

Section 160 - Former statements of witness may be proved to corroborate later testimony as to
same fact

Section 161 - What matters may be proved in connection with proved statement relevant under section 26 or 27

Section 162 - Refreshing memory

Section 163 - Testimony to facts stated in document mentioned in section 162

Section 164 - Right of adverse party as to writing used to refresh memory

Section 165 - Production of documents

Section 166 - Giving, as evidence, of document called for and produced on notice

Section 167 - Using, as evidence, of document production of which was refused on notice

Section 168 - Judge’s power to put questions or order production

Chapter XI - OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

Section 169 - No new trial for improper admission or rejection of evidence

Chapter XII - REPEAL AND SAVINGS

Section 170 - Repeal and savings

 

CHAPTER 1 to 20, Section 1 to 358, Bharatiya Nyaya Sanhita, 2023 - 2024

Preamble - THE BHARATIYA NYAYA SANHITA, 2023 - 2024

CHAPTER I - PRELIMINARY

Section 1 - Short title, commencement and application.

Section 2 - Definitions.

Section 3 - General explanations.

CHAPTER II - OF PUNISHMENTS

Section 4 - Punishments.

Section 5 - Commutation of sentence.

Section 6 - Fractions of terms of punishment.

Section 7 - Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

Section 8 - Amount of fine, liability in default of payment of fine, etc.

Section 9 - Limit of punishment of offence made up of several offences.

Section 10 - Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which.

Section 11 - Solitary confinement.

Section 12 - Limit of solitary confinement.

Section 13 - Enhanced punishment for certain offences after previous conviction.

CHAPTER III - GENERAL EXCEPTIONS

Section 14 - Act done by a person bound, or by mistake of fact believing himself bound, by law.

Section 15 - Act of Judge when acting judicially.

Section 16 - Act done pursuant to judgment or order of Court.

Section 17 - Act done by a person justified, or by mistake of fact believing himself justified, by law.

Section 18 - Accident in doing a lawful act.

Section 19 - Act likely to cause harm, but done without criminal intent, and to prevent other harm.

Section 20 - Act of a child under seven years of age.

Section 21 - Act of a child above seven and under twelve years of age of immature understanding.

Section 22 - Act of a person of unsound mind.

Section 23 - Act of a person incapable of judgment by reason of intoxication caused against his will.

Section 24 - Offence requiring a particular intent or knowledge committed by one who is intoxicated.

Section 25 - Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

Section 26 - Act not intended to cause death, done by consent in good faith for person’s benefit.

Section 27 - Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.

Section 28 - Consent known to be given under fear or misconception.

Section 29 - Exclusion of acts which are offences independently of harm caused.

Section 30 - Act done in good faith for benefit of a person without consent.

Section 31 - Communication made in good faith.

Section 32 - Act to which a person is compelled by threats.

Section 33 - Act causing slight harm.

Of right of private defence

Section 34 - Things done in private defence.

Section 35 - Right of private defence of body and of property.

Section 36 - Right of private defence against act of a person of unsound mind, etc.

Section 37 - Acts against which there is no right of private defence.

Section 38 - When right of private defence of body extends to causing death.

Section 39 - When such right extends to causing any harm other than death.

Section 40 - Commencement and continuance of right of private defence of body.

Section 41 - When right of private defence of property extends to causing death.

Section 42 - When such right extends to causing any harm other than death.

Section 43 - Commencement and continuance of right of private defence of property.

Section 44 - Right of private defence against deadly assault when there is risk of harm to innocent person.

CHAPTER IV - OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

Of abetment

Section 45 - Abetment of a thing.

Section 46 - Abettor.

Section 47 - Abetment in India of offences outside India.

Section 48 - Abetment outside India for offence in India.

Section 49 - Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.

Section 50 - Punishment of abetment if person abetted does act with different intention from that of abettor.

Section 51 - Liability of abettor when one act abetted and different act done.

Section 52 - Abettor when liable to cumulative punishment for act abetted and for act done.

Section 53 - Liability of abettor for an effect caused by act abetted different from that intended by abettor.

Section 54 - Abettor present when offence is committed.

Section 55 - Abetment of offence punishable with death or imprisonment for life.

Section 56 - Abetment of offence punishable with imprisonment.

Section 57 - Abetting commission of offence by public or by more than ten persons.

Section 58 - Concealing design to commit offence punishable with death or imprisonment for life.

Section 59 - Public servant concealing design to commit offence which it is his duty to prevent.

Section 60 - Concealing design to commit offence punishable with imprisonment. Of criminal conspiracy

Section 61 - Criminal conspiracy.

Of attempt

Section    62 - Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

CHAPTER V - OF OFFENCES AGAINST WOMAN AND CHILD

Of sexual offences

Section 63 - Rape.

Section 64 - Punishment for rape.

Section 65 - Punishment for rape in certain cases.

Section 66 - Punishment for causing death or resulting in persistent vegetative state of victim.

Section 67 - Sexual intercourse by husband upon his wife during separation.

Section 68 - Sexual intercourse by a person in authority.

Section 69 - Sexual intercourse by employing deceitful means, etc.

Section 70 - Gang rape.

Section 71 - Punishment for repeat offenders.

Section 72 - Disclosure of identity of victim of certain offences, etc.

Section 73 - Printing or publishing of any matter relating to Court proceedings without permission.

Of criminal force and assault against woman

Section 74 - Assault or use of criminal force to woman with intent to outrage her modesty.

Section 75 - Sexual harassment.

Section 76 - Assault or use of criminal force to woman with intent to disrobe.

Section 77 - Voyeurism.

Section 78 - Stalking.

Section 79 - Word, gesture or act intended to insult modesty of a woman.

Of offences relating to marriage

Section 80 - Dowry death.

Section 81 - Cohabitation caused by man deceitfully inducing belief of lawful marriage.

Section 82 - Marrying again during lifetime of husband or wife.

Section 83 - Marriage ceremony fraudulently gone through without lawful marriage.

Section 84 - Enticing or taking away or detaining with criminal intent a married woman.

Section 85 - Husband or relative of husband of a woman subjecting her to cruelty.

Section 86 - Cruelty defined.

Section 87 - Kidnapping, abducting or inducing woman to compel her marriage, etc.

Of causing miscarriage, etc.

Section 88 - Causing miscarriage.

Section 89 - Causing miscarriage without woman’s consent.

Section 90 - Death caused by act done with intent to cause miscarriage.

Section 91 - Act done with intent to prevent child being born alive or to cause to die after birth.

Section 92 - Causing death of quick unborn child by act amounting to culpable homicide.

Of offences against child

Section 93 - Exposure and abandonment of child under twelve years of age, by parent or person having care of it.

Section 94 - Concealment of birth by secret disposal of dead body.

Section 95 - Hiring, employing or engaging a child to commit an offence.

Section 96 - Procuration of child.

Section 97 - Kidnapping or abducting child under ten years of age with intent to steal from its person.

Section 98 - Selling child for purposes of prostitution, etc.

Section 99 - Buying child for purposes of prostitution, etc.

CHAPTER VI - OF OFFENCES AFFECTING THE HUMAN BODY

Of offences affecting life

Section 100 - Culpable homicide.

Section 101 - Murder.

Section 102 - Culpable homicide by causing death of person other than person whose death was intended.

Section 103 - Punishment for murder.

Section 104 - Punishment for murder by life-convict.

Section 105 - Punishment for culpable homicide not amounting to murder.

Section 106 - Causing death by negligence.

Section 107 - Abetment of suicide of child or person of unsound mind.

Section 108 - Abetment of suicide.

Section 109 - Attempt to murder.

Section 110 - Attempt to commit culpable homicide.

Section 111 - Organised crime.

Section 112 - Petty organised crime.

Section 113 - Terrorist act.

Of hurt

Section 114 - Hurt.

Section 115 - Voluntarily causing hurt.

Section 116 - Grievous hurt.

Section 117 - Voluntarily causing grievous hurt.

Section 118 - Voluntarily causing hurt or grievous hurt by dangerous weapons or means.

Section 119 - Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.

Section 120 - Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property.

Section 121 - Voluntarily causing hurt or grievous hurt to deter public servant from his duty.

Section 122 - Voluntarily causing hurt or grievous hurt on provocation.

Section 123 - Causing hurt by means of poison, etc., with intent to commit an offence.

Section 124 - Voluntarily causing grievous hurt by use of acid, etc.

Section 125 - Act endangering life or personal safety of others.

Of wrongful restraint and wrongful confinement

Section 126 - Wrongful restraint.

Section 127 - Wrongful confinement.

Of criminal force and assault

Section 128 - Force.

Section 129 - Criminal force.

Section 130 - Assault.

Section 131 - Punishment for assault or criminal force otherwise than on grave provocation.

Section 132 - Assault or criminal force to deter public servant from discharge of his duty.

Section 133 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

Section 134 - Assault or criminal force in attempt to commit theft of property carried by a person.

Section 135 - Assault or criminal force in attempt to wrongfully confine a person.

Section 136 - Assault or criminal force on grave provocation.

Of kidnapping, abduction, slavery and forced labour Section 137 - Kidnapping.

Section 138 - Abduction.

Section 139 - Kidnapping or maiming a child for purposes of begging.

Section 140 - Kidnapping or abducting in order to murder or for ransom, etc.

Section 141 - Importation of girl or boy from foreign country.

Section 142 - Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

Section 143 - Trafficking of person.

Section 144 - Exploitation of a trafficked person.

Section 145 - Habitual dealing in slaves.

Section 146 - Unlawful compulsory labour.

CHAPTER VII - OF OFFENCES AGAINST THE STATE

Section 147 - Waging, or attempting to wage war, or abetting waging of war, against Government of India.

Section 148 - Conspiracy to commit offences punishable by section 147.

Section 149 - Collecting arms, etc., with intention of waging war against Government of India.

Section 150 - Concealing with intent to facilitate design to wage war.

Section 151 - Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power.

Section 152 - Act endangering sovereignty, unity and integrity of India.

Section 153 - Waging war against Government of any foreign State at peace with Government of India.

Section 154 - Committing depredation on territories of foreign State at peace with Government of India.

Section 155 - Receiving property taken by war or depredation mentioned in sections 153 and 154.

Section 156 - Public servant voluntarily allowing prisoner of State or war to escape.

Section 157 - Public servant negligently suffering such prisoner to escape.

Section 158 - Aiding escape of, rescuing or harbouring such prisoner.

CHAPTER VIII - OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

Section 159 - Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.

Section 160 - Abetment of mutiny, if mutiny is committed in consequence thereof.

Section 161 - Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.

Section 162 - Abetment of such assault, if assault committed.

Section 163 - Abetment of desertion of soldier, sailor or airman.

Section 164 - Harbouring deserter.

Section 165 - Deserter concealed on board merchant vessel through negligence of master.

Section 166 - Abetment of act of insubordination by soldier, sailor or airman.

Section 167 - Persons subject to certain Acts.

Section 168 - Wearing garb or carrying token used by soldier, sailor or airman.

CHAPTER IX - OF OFFENCES RELATING TO ELECTIONS Section 169 - Candidate, electoral right defined. Section 170 - Bribery.

Section 171 - Undue influence at elections.

Section 172 - Personation at elections.

Section 173 - Punishment for bribery.

Section 174 - Punishment for undue influence or personation at an election.

Section 175 - False statement in connection with an election.

Section 176 - Illegal payments in connection with an election.

Section 177 - Failure to keep election accounts.

CHAPTER X - OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS

Section 178 - Counterfeiting coin, Government stamps, currency-notes or bank-notes.

Section 179 - Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes.

Section 180 - Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.

Section 181 - Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes.

Section 182 - Making or using documents resembling currency-notes or bank-notes.

Section 183 - Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.

Section 184 - Using Government stamp known to have been before used.

Section 185 - Erasure of mark denoting that stamp has been used.

Section 186 - Prohibition of fictitious stamps.

Section 187 - Person employed in mint causing coin to be of different weight or composition from that fixed by law.

Section 188 - Unlawfully taking coining instrument from mint.

CHAPTER XI - OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

Section 189 - Unlawful assembly.

Section 190 - Every member of unlawful assembly guilty of offence committed in prosecution of common object.

Section 191 - Rioting.

Section 192 - Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed.

Section 193 - Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.

Section 194 - Affray.

Section 195 - Assaulting or obstructing public servant when suppressing riot, etc.

Section 196 - Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

Section 197 - Imputations, assertions prejudicial to national integration.

CHAPTER XII - OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS Section 198 - Public servant disobeying law, with intent to cause injury to any person. Section 199 - Public servant disobeying direction under law. Section 200 - Punishment for non-treatment of victim.

Section 201 - Public servant framing an incorrect document with intent to cause injury.

Section 202 - Public servant unlawfully engaging in trade.

Section 203 - Public servant unlawfully buying or bidding for property.

Section 204 - Personating a public servant.

Section 205 - Wearing garb or carrying token used by public servant with fraudulent intent.

CHAPTER XIII - OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Section 206 - Absconding to avoid service of summons or other proceeding.

Section 207 - Preventing service of summons or other proceeding, or preventing publication thereof.

Section 208 - Non-attendance in obedience to an order from public servant.

Section 209 - Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Section 210 - Omission to produce document or electronic record to public servant by person legally bound to produce it.

Section 211 - Omission to give notice or information to public servant by person legally bound to give it.

Section 212 - Furnishing false information.

Section 213 - Refusing oath or affirmation when duly required by public servant to make it.

Section 214 - Refusing to answer public servant authorised to question.

Section 215 - Refusing to sign statement.

Section 216 - False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.

Section 217 - False information, with intent to cause public servant to use his lawful power to injury of another person.

Section 218 - Resistance to taking of property by lawful authority of a public servant.

Section 219 - Obstructing sale of property offered for sale by authority of public servant.

Section 220 - Illegal purchase or bid for property offered for sale by authority of public servant.

Section 221 - Obstructing public servant in discharge of public functions.

Section 222 - Omission to assist public servant when bound by law to give assistance.

Section 223 - Disobedience to order duly promulgated by public servant.

Section 224 - Threat of injury to public servant.

Section 225 - Threat of injury to induce person to refrain from applying for protection to public servant.

Section 226 - Attempt to commit suicide to compel or restrain exercise of lawful power.

CHAPTER XIV - OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Section 227 - Giving false evidence.

Section 228 - Fabricating false evidence.

Section 229 - Punishment for false evidence.

Section 230 - Giving or fabricating false evidence with intent to procure conviction of capital offence.

Section 231 - Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.

Section 232 - Threatening any person to give false evidence.

Section 233 - Using evidence known to be false.

Section 234 - Issuing or signing false certificate.

Section 235 - Using as true a certificate known to be false.

Section 236 - False statement made in declaration which is by law receivable as evidence.

Section 237 - Using as true such declaration knowing it to be false.

Section 238 - Causing disappearance of evidence of offence, or giving false information to screen offender.

Section 239 - Intentional omission to give information of offence by person bound to inform.

Section 240 - Giving false information respecting an offence committed.

Section 241 - Destruction of document or electronic record to prevent its production as evidence.

Section 242 - False personation for purpose of act or proceeding in suit or prosecution.

Section 243 - Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.

Section 244 - Fraudulent claim to property to prevent its seizure as forfeited or in execution.

Section 245 - Fraudulently suffering decree for sum not due.

Section 246 - Dishonestly making false claim in Court.

Section 247 - Fraudulently obtaining decree for sum not due.

Section 248 - False charge of offence made with intent to injure.

Section 249 - Harbouring offender.

Section 250 - Taking gift, etc., to screen an offender from punishment.

Section 251 - Offering gift or restoration of property in consideration of screening offender.

Section 252 - Taking gift to help to recover stolen property, etc.

Section 253 - Harbouring offender who has escaped from custody or whose apprehension has been ordered.

Section 254 - Penalty for harbouring robbers or dacoits.

Section 255 - Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

Section 256 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Section 257 - Public servant in judicial proceeding corruptly making report, etc., contrary to law.

Section 258 - Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.

Section 259 - Intentional omission to apprehend on part of public servant bound to apprehend.

Section 260 - Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.

Section 261 - Escape from confinement or custody negligently suffered by public servant.

Section 262 - Resistance or obstruction by a person to his lawful apprehension.

Section 263 - Resistance or obstruction to lawful apprehension of another person.

Section 264 - Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.

Section 265 - Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.

Section 266 - Violation of condition of remission of punishment.

Section 267 - Intentional insult or interruption to public servant sitting in judicial proceeding.

Section 268 - Personation of assessor.

Section 269 - Failure by person released on bail bond or bond to appear in Court.

CHAPTER XV - OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS Section 270 - Public nuisance.

Section 271 - Negligent act likely to spread infection of disease dangerous to life.

Section 272 - Malignant act likely to spread infection of disease dangerous to life.

Section 273 - Disobedience to quarantine rule.

Section 274 - Adulteration of food or drink intended for sale.

Section 275 - Sale of noxious food or drink.

Section 276 - Adulteration of drugs.

Section 277 - Sale of adulterated drugs.

Section 278 - Sale of drug as a different drug or preparation.

Section 279 - Fouling water of public spring or reservoir.

Section 280 - Making atmosphere noxious to health.

Section 281 - Rash driving or riding on a public way.

Section 282 - Rash navigation of vessel.

Section 283 - Exhibition of false light, mark or buoy.

Section 284 - Conveying person by water for hire in unsafe or overloaded vessel.

Section 285 - Danger or obstruction in public way or line of navigation.

Section 286 - Negligent conduct with respect to poisonous substance.

Section 287 - Negligent conduct with respect to fire or combustible matter.

Section 288 - Negligent conduct with respect to explosive substance.

Section 289 - Negligent conduct with respect to machinery.

Section 290 - Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.

Section 291 - Negligent conduct with respect to animal.

Section 292 - Punishment for public nuisance in cases not otherwise provided for.

Section 293 - Continuance of nuisance after injunction to discontinue.

Section 294 - Sale, etc., of obscene books, etc.

Section 295 - Sale, etc., of obscene objects to child.

Section 296 - Obscene acts and songs.

Section 297 - Keeping lottery office.

CHAPTER XVI - OF OFFENCES RELATING TO RELIGION

Section 298 - Injuring or defiling place of worship with intent to insult religion of any class.

Section 299 - Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

Section 300 - Disturbing religious assembly.

Section 301 - Trespassing on burial places, etc.

Section 302 - Uttering words, etc., with deliberate intent to wound religious feelings of any person.

CHAPTER XVII - OF OFFENCES AGAINST PROPERTY

Of theft

Section 303 - Theft.

Section 304 - Snatching.

Section 305 - Theft in a dwelling house, or means of transportation or place of worship, etc.

Section 306 - Theft by clerk or servant of property in possession of master.

Section 307 - Theft after preparation made for causing death, hurt or restraint in order to committing of theft.

Of extortion

Section 308 - Extortion.

Of robbery and dacoity

Section 309 - Robbery.

Section 310 - Dacoity.

Section 311 - Robbery, or dacoity, with attempt to cause death or grievous hurt.

Section 312 - Attempt to commit robbery or dacoity when armed with deadly weapon.

Section 313 - Punishment for belonging to gang of robbers, etc. Of criminal misappropriation of property

Section 314 - Dishonest misappropriation of property.

Section 315 - Dishonest misappropriation of property possessed by deceased person at the time of his death.

Of criminal breach of trust

Section 316 - Criminal breach of trust.

Of receiving stolen property

Section 317 - Stolen property.

Of cheating

Section 318 - Cheating.

Section 319 - Cheating by personation.

Of fraudulent deeds and dispositions of property

Section 320 - Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.

Section 321 - Dishonestly or fraudulently preventing debt being available for creditors.

Section 322 - Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.

Section 323 - Dishonest or fraudulent removal or concealment of property.

Of mischief

Section 324 - Mischief.

Section 325 - Mischief by killing or maiming animal.

Section 326 - Mischief by injury, inundation, fire or explosive substance, etc.


Section 327 - Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.

Section 328 - Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

Of criminal trespass

Section 329 - Criminal trespass and house-trespass.

Section 330 - House-trespass and house-breaking.

Section 331 - Punishment for house-trespass or house-breaking.

Section 332 - House-trespass in order to commit offence.

Section 333 - House-trespass after preparation for hurt, assault or wrongful restraint.

Section 334 - Dishonestly breaking open receptacle containing property.

CHAPTER XVIII - OF OFFENCES RELATING TO DOCUMENTS AND TO
PROPERTY MARKS

Section 335 - Making a false document.

Section 336 - Forgery.

Section 337 - Forgery of record of Court or of public register, etc.

Section 338 - Forgery of valuable security, will, etc.

Section 339 - Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.

Section 340 - Forged document or electronic record and using it as genuine.

Section 341 - Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.

Section 342 - Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.

Section 343 - Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

Section 344 - Falsification of accounts.

Of property marks

Section 345 - Property mark.

Section 346 - Tampering with property mark with intent to cause injury.

Section 347 - Counterfeiting a property mark.

Section 348 - Making or possession of any instrument for counterfeiting a property mark.

Section 349 - Selling goods marked with a counterfeit property mark.

Section 350 - Making a false mark upon any receptacle containing goods.

CHAPTER XIX - OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE,
DEFAMATION, ETC.

Section 351 - Criminal intimidation.

Section 352 - Intentional insult with intent to provoke breach of peace.

Section 353 - Statements conducing to public mischief.

Section 354 - Act caused by inducing person to believe that he will be rendered an object of Divine displeasure.

Section 355 - Misconduct in public by a drunken person.

Of defamation

Section 356 - Defamation.

Of breach of contract to attend on and supply wants of helpless person Section 357 - Breach of contract to attend on and supply wants of helpless person.

CHAPTER XX - REPEAL AND SAVINGS Section 358 - Repeal and savings.

Statement of Objects and Reasons - STATEMENT OF OBJECTS AND REASONS

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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