CHAPTER 35, PROVISIONS AS TO BAIL AND BONDS

CHAPTER 34, EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024

CHAPTER 34 - EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

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
 

C. 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
 

D. 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
 

E. 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

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CHAPTER 33, TRANSFER OF CRIMINAL CASES

CHAPTER 33, TRANSFER OF CRIMINAL CASES

 

 BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024

CHAPTER 33 - 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

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CHAPTER 32, REFERENCE AND REVISION

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024

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

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CHAPTER 3I, APPEALS

 

 *BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024*

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 behavior
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

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CHAPTER 30, SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

 

*BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024*

 

*CHAPTER 30 - 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

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CHAPTER 26, GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024

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

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CHAPTER 25, EVIDENCE IN INQUIRIES AND TRIALS

 

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023-2024

CHAPTER XXV - EVIDENCE IN INQUIRIES AND TRIALS

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

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

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