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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
ARRANGEMENT OF CLAUSES
CHAPTER I
PRELIMINARY
C LAUSES
- Short title, extent and commencement.
- Definitions.
- Construction of references.
- Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
- Saving. CHAPTER II C ONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Classes of Criminal Courts.
- Territorial divisions.
- Court of Session.
- Courts of Judicial Magistrates.
- Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
- Special Judicial Magistrates.
- Local Jurisdiction of Judicial Magistrates.
- Subordination of Judicial Magistrates.
- Executive Magistrates.
- Special Executive Magistrates.
- Local Jurisdiction of Executive Magistrates.
- Subordination of Executive Magistrates.
- Public Prosecutors.
- Assistant Public Prosecutors.
- Directorate of Prosecution. CHAPTER III POWER OF COURTS
- Courts by which offences are triable.
- Sentences which High Courts and Sessions Judges may pass.
- Sentences which Magistrates may pass.
- Sentence of imprisonment in default of fine.
AS PASSED BY LOK S ABHA
ON 20.12.
Bill No. 174-C of 2023
( ii )
C LAUSES
- Sentence in cases of conviction of several offences at one trial.
- Mode of conferring powers.
- Powers of officers appointed.
- Withdrawal of powers.
- Powers of Judges and Magistrates exercisable by their successors-in-office.
CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE M AGISTRATES AND THE POLICE
- Powers of superior officers of police.
- Public when to assist Magistrates and police.
- Aid to person, other than police officer, executing warrant.
- Public to give information of certain offences.
- Duty of officers employed in connection with affairs of a village to make certain report. CHAPTER V ARREST OF PERSONS
- When police may arrest without warrant.
- Procedure of arrest and duties of officer making arrest.
- Designated police officer.
- Right of arrested person to meet an advocate of his choice during interrogation.
- Arrest on refusal to give name and residence.
- Arrest by private person and procedure on such arrest.
- Arrest by Magistrate.
- Protection of members of Armed Forces from arrest.
- Arrest how made.
- Search of place entered by person sought to be arrested.
- Pursuit of offenders into other jurisdictions.
- No unnecessary restraint.
- Person arrested to be informed of grounds of arrest and of right to bail.
- Obligation of person making arrest to inform about arrest, etc., to relative or friend.
- Search of arrested person.
- Power to seize offensive weapons.
- Examination of accused by medical practitioner at request of police officer.
- Examination of person accused of rape by medical practitioner.
- Examination of arrested person by medical officer.
- Identification of person arrested.
- Procedure when police officer deputes subordinate to arrest without warrant.
- Health and safety of arrested person.
D. — Other rules regarding processes C LAUSES
- Issue of warrant in lieu of, or in addition to, summons.
- Power to take bond or bail bond for appearance.
- Arrest on breach of bond or bail bond for appearance.
- Provisions of this Chapter generally applicable to summons and warrants of arrest. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A. — Summons to produce
- Summons to produce document or other thing.
- Procedure as to letters. B. — Search-warrants
- When search-warrant may be issued.
- Search of place suspected to contain stolen property, forged documents, etc.
- Power to declare certain publications forfeited and to issue search-warrants for same.
- Application to High Court to set aside declaration of forfeiture.
- Search for persons wrongfully confined.
- Power to compel restoration of abducted females. C. — General provisions relating to searches
- Direction, etc., of search-warrants.
- Persons in charge of closed place to allow search.
- Disposal of things found in search beyond jurisdiction. D. — Miscellaneous
- Recording of search and seizure through audio-video electronic means.
- Power of police officer to seize certain property.
- Attachment, forfeiture or restoration of property.
- Magistrate may direct search in his presence.
- Power to impound document, etc., produced.
- Reciprocal arrangements regarding processes. CHAPTER VIII R ECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
- Definitions.
- Letter of request to competent authority for investigation in a country or place outside India.
- Letter of request from a country or place outside India to a Court or an authority for investigation in India.
- Assistance in securing transfer of persons.
- Assistance in relation to orders of attachment or forfeiture of property.
- Identifying unlawfully acquired property.
- Seizure or attachment of property.
( iv )
( v )
C LAUSES
- Management of properties seized or forfeited under this Chapter.
- Notice of forfeiture of property.
- Forfeiture of property in certain cases.
- Fine in lieu of forfeiture.
- Certain transfers to be null and void.
- Procedure in respect of letter of request.
- Application of this Chapter. CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
- Security for keeping peace on conviction.
- Security for keeping peace in other cases.
- Security for good behaviour from persons disseminating certain matters.
- Security for good behaviour from suspected persons.
- Security for good behaviour from habitual offenders.
- Order to be made.
- Procedure in respect of person present in Court.
- Summons or warrant in case of person not so present.
- Copy of order to accompany summons or warrant.
- Power to dispense with personal attendance.
- Inquiry as to truth of information.
- Order to give security.
- Discharge of person informed against.
- Commencement of period for which security is required.
- Contents of bond.
- Power to reject sureties.
- Imprisonment in default of security.
- Power to release persons imprisoned for failing to give security.
- Security for unexpired period of bond. CHAPTER X ORDER FOR MAINTENANCE OF WIVES , CHILDREN AND PARENTS
- Order for maintenance of wives, children and parents.
- Procedure.
- Alteration in allowance.
- Enforcement of order of maintenance.
CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A .— Unlawful assemblies
- Dispersal of assembly by use of civil force.
- Use of armed forces to disperse assembly.
( vii )
C LAUSES
- Recording of confessions and statements.
- Medical examination of victim of rape.
- Search by police officer.
- When officer in charge of police station may require another to issue search-warrant.
- Procedure when investigation cannot be completed in twenty-four hours.
- Report of investigation by subordinate police officer.
- Release of accused when evidence deficient.
- Cases to be sent to Magistrate, when evidence is sufficient.
- Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.
- Diary of proceedings in investigation.
- Report of police officer on completion of investigation.
- Police to enquire and report on suicide, etc.
- Power to summon persons.
- Inquiry by Magistrate into cause of death. CHAPTER XIV J URISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
- Ordinary place of inquiry and trial.
- Place of inquiry or trial.
- Offence triable where act is done or consequence ensues.
- Place of trial where act is an offence by reason of relation to other offence.
- Place of trial in case of certain offences.
- Offences committed by means of electronic communications, letters, etc.
- Offence committed on journey or voyage.
- Place of trial for offences triable together.
- Power to order cases to be tried in different sessions divisions.
- High Court to decide, in case of doubt, district where inquiry or trial shall take place.
- Power to issue summons or warrant for offence committed beyond local jurisdiction.
- Offence committed outside India.
- Receipt of evidence relating to offences committed outside India. CHAPTER XV C ONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Cognizance of offences by Magistrate.
- Transfer on application of accused.
- Making over of cases to Magistrates.
- Cognizance of offences by Court of Session.
- Additional Sessions Judges to try cases made over to them.
- Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
- Procedure for witnesses in case of threatening, etc.
( viii )
C LAUSES
- Prosecution for offences against State and for criminal conspiracy to commit such offence.
- Prosecution of Judges and public servants.
- Prosecution for offences against marriage.
- Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
- Cognizance of offence.
- Prosecution for defamation. CHAPTER XVI C OMPLAINTS TO M AGISTRATES
- Examination of complainant.
- Procedure by Magistrate not competent to take cognizance of case.
- Postponement of issue of process.
- Dismissal of complaint. CHAPTER XVII C OMMENCEMENT OF PROCEEDINGS BEFORE M AGISTRATES
- Issue of process.
- Magistrate may dispense with personal attendance of accused.
- Special summons in cases of petty offence.
- Supply to accused of copy of police report and other documents.
- Supply of copies of statements and documents to accused in other cases triable by Court of Session.
- Commitment of case to Court of Session when offence is triable exclusively by it.
- Procedure to be followed when there is a complaint case and police investigation in respect of same offence. CHAPTER XVIII T HE CHARGE A. — Form of charges
- Contents of charge.
- Particulars as to time, place and person.
- When manner of committing offence must be stated.
- Words in charge taken in sense of law under which offence is punishable.
- Effect of errors.
- Court may alter charge.
- Recall of witnesses when charge altered. B. — Joinder of charges
- Separate charges for distinct offences.
- Offences of same kind within year may be charged together.
- Trial for more than one offence.
- Where it is doubtful what offence has been committed.
( x )
C LAUSES (^) CHAPTER XXI
TRIAL OF SUMMONS - CASES BY M AGISTRATES C LAUSES
- Substance of accusation to be stated.
- Conviction on plea of guilty.
- Conviction on plea of guilty in absence of accused in petty cases.
- Procedure when not convicted.
- Acquittal or conviction.
- Non-appearance or death of complainant.
- Withdrawal of complaint.
- Power to stop proceedings in certain cases.
- Power of Court to convert summons-cases into warrant-cases. CHAPTER XXII SUMMARY TRIALS
- Power to try summarily.
- Summary trial by Magistrate of second class.
- Procedure for summary trials.
- Record in summary trials.
- Judgment in cases tried summarily.
- Language of record and judgment. CHAPTER XXIII P LEA BARGAINING
- Application of Chapter.
- Application for plea bargaining.
- Guidelines for mutually satisfactory disposition.
- Report of mutually satisfactory disposition to be submitted before Court.
- Disposal of case.
- Judgment of Court.
- Finality of judgment.
- Power of Court in plea bargaining.
- Period of detention undergone by accused to be set off against sentence of imprisonment.
- Savings.
- Statements of accused not to be used.
- Non-application of Chapter. CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
- Definitions.
- Power to require attendance of prisoners.
- Power of State Government or Central Government to exclude certain persons from operation of section 302.
- Officer in charge of prison to abstain from carrying out order in certain contingencies.
( xi )
C LAUSES
- Prisoner to be brought to Court in custody.
- Power to issue commission for examination of witness in prison. CHAPTER XXV E VIDENCE IN INQUIRIES AND TRIALS A. — Mode of taking and recording evidence
- Language of Courts.
- Evidence to be taken in presence of accused.
- Record in summons-cases and inquiries.
- Record in warrant-cases.
- Record in trial before Court of Session.
- Language of record of evidence.
- Procedure in regard to such evidence when completed.
- Interpretation of evidence to accused or his advocate.
- Remarks respecting demeanour of witness.
- Record of examination of accused.
- Interpreter to be bound to interpret truthfully.
- Record in High Court. B. — Commissions for the examination of witnesses
- When attendance of witness may be dispensed with and commission issued.
- Commission to whom to be issued.
- Execution of commissions.
- Parties may examine witnesses.
- Return of commission.
- Adjournment of proceeding.
- Execution of foreign commissions.
- Deposition of medical witness.
- Identification report of Magistrate.
- Evidence of officers of Mint.
- Reports of certain Government scientific experts.
- No formal proof of certain documents.
- Affidavit in proof of conduct of public servants.
- Evidence of formal character on affidavit.
- Authorities before whom affidavits may be sworn.
- Previous conviction or acquittal how proved.
- Record of evidence in absence of accused.
- Evidence of public servants, experts, police officers in certain cases. CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Person once convicted or acquitted not to be tried for same offence.
- Appearance by Public Prosecutors.
( xiii )
C LAUSES
- Person acquitted on ground of unsoundness of mind to be detained in safe custody.
- Power of State Government to empower officer in charge to discharge.
- Procedure where prisoner of unsound mind is reported capable of making his defence.
- Procedure where person of unsound mind detained is declared fit to be released.
- Delivery of person of unsound mind to care of relative or friend. CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Procedure in cases mentioned in section 215.
- Appeal.
- Power to order costs.
- Procedure of Magistrate taking cognizance.
- Summary procedure for trial for giving false evidence.
- Procedure in certain cases of contempt.
- Procedure where Court considers that case should not be dealt with under section 384.
- When Registrar or Sub-Registrar to be deemed a Civil Court.
- Discharge of offender on submission of apology.
- Imprisonment or committal of person refusing to answer or produce document.
- Summary procedure for punishment for non-attendance by a witness in obedience to summons.
- Appeals from convictions under sections 383, 384, 388 and 389.
- Certain Judges and Magistrates not to try certain offences when committed before themselves. CHAPTER XXIX T HE JUDGMENT
- Judgment.
- Language and contents of judgment.
- Order for notifying address of previously convicted offender.
- Order to pay compensation.
- Victim compensation scheme.
- Treatment of victims.
- Witness protection scheme.
- Compensation to persons groundlessly arrested.
- Order to pay costs in non-cognizable cases.
- Order to release on probation of good conduct or after admonition.
- Special reasons to be recorded in certain cases.
- Court not to alter judgment.
- Copy of judgment to be given to accused and other persons.
- Judgment when to be translated.
- Court of Session to send copy of finding and sentence to District Magistrate.
CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
C LAUSES
- Sentence of death to be submitted by Court of Session for confirmation.
- Power to direct further inquiry to be made or additional evidence to be taken.
- Power of High Court to confirm sentence or annul conviction.
- Confirmation or new sentence to be signed by two Judges.
- Procedure in case of difference of opinion.
- Procedure in cases submitted to High Court for confirmation. CHAPTER XXXI A PPEALS
- No appeal to lie unless otherwise provided.
- Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
- Appeals from convictions.
- No appeal in certain cases when accused pleads guilty.
- No appeal in petty cases.
- Appeal by State Government against sentence.
- Appeal in case of acquittal.
- Appeal against conviction by High Court in certain cases.
- Special right of appeal in certain cases.
- Appeal to Court of Session how heard.
- Petition of appeal.
- Procedure when appellant in jail.
- Summary dismissal of appeal.
- Procedure for hearing appeals not dismissed summarily.
- Powers of Appellate Court.
- Judgments of subordinate Appellate Court.
- Order of High Court on appeal to be certified to lower Court.
- Suspension of sentence pending appeal; release of appellant on bail.
- Arrest of accused in appeal from acquittal.
- Appellate Court may take further evidence or direct it to be taken.
- Procedure where Judges of Court of appeal are equally divided.
- Finality of judgments and orders on appeal.
- Abatement of appeals. CHAPTER XXXII R EFERENCE AND REVISION
- Reference to High Court.
- Disposal of case according to decision of High Court.
- Calling for records to exercise powers of revision.
( xiv )
( xvi )
C LAUSES
- Period of detention undergone by accused to be set off against sentence of imprisonment.
- Saving.
- Return of warrant on execution of sentence.
- Money ordered to be paid recoverable as a fine. E.—Suspension, remission and commutation of sentences.
- Mercy petition in death sentence cases.
- Power to suspend or remit sentences.
- Power to commute sentence.
- Restriction on powers of remission or commutation in certain cases.
- Concurrent power of Central Government in case of death sentences.
- State Government to act after concurrence with Central Government in certain cases. CHAPTER XXXV P ROVISIONS AS TO BAIL AND BONDS
- In what cases bail to be taken.
- Maximum period for which undertrial prisoner can be detained.
- When bail may be taken in case of non-bailable offence.
- Bail to require accused to appear before next Appellate Court.
- Direction for grant of bail to person apprehending arrest.
- Special powers of High Court or Court of Session regarding bail.
- Amount of bond and reduction thereof.
- Bond of accused and sureties.
- Declaration by sureties.
- Discharge from custody.
- Power to order sufficient bail when that first taken is insufficient.
- Discharge of sureties.
- Deposit instead of recognizance.
- Procedure when bond has been forfeited.
- Cancellation of bond and bail bond.
- Procedure in case of insolvency of death of surety or when a bond is forfeited.
- Bond required from child.
- Appeal from orders under section 491.
- Power to direct levy of amount due on certain recognizances. CHAPTER XXXVI D ISPOSAL OF PROPERTY
- Order for custody and disposal of property pending trial in certain cases.
- Order for disposal of property at conclusion of trial.
- Payment to innocent purchaser of money found on accused.
- Appeal against orders under section 498 or section 499.
- Destruction of libellous and other matter.
( xvii )
C LAUSES
- Power to restore possession of immovable property.
- Procedure by police upon seizure of property.
- Procedure where no claimant appears within six months.
- Power to sell perishable property. CHAPTER XXXVII I RREGULAR PROCEEDINGS
- Irregularities which do not vitiate proceedings.
- Irregularities which vitiate proceedings.
- Proceedings in wrong place.
- Non-compliance with provisions of section 183 or section 316.
- Effect of omission to frame, or absence of, or error in, charge.
- Finding or sentence when reversible by reason of error, omission or irregularity.
- Defect or error not to make attachment unlawful. CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
- Definitions.
- Bar to taking cognizance after lapse of period of limitation.
- Commencement of period of limitation.
- Exclusion of time in certain cases.
- Exclusion of date on which Court is closed.
- Continuing offence.
- Extension of period of limitation in certain cases. CHAPTER XXXIX MISCELLANEOUS
- Trials before High Courts.
- Delivery to commanding officers of persons liable to be tried by Court-martial.
- Forms.
- Power of High Court to make rules.
- Power to alter functions allocated to Executive Magistrate in certain cases.
- Cases in which Judge or Magistrate is personally interested.
- Practising advocate not to sit as Magistrate in certain Courts.
- Public servant concerned in sale not to purchase or bid for property.
- Saving of inherent powers of High Court.
- Duty of High Court to exercise continuous superintendence over Courts.
- Trial and proceedings to be held in electronic mode.
- Repeal and savings. THE FIRST SCHEDULE THE SECOND SCHEDULE
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
A BILL to consolidate and amend the law relating to Criminal Procedure.
B E it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:— CHAPTER I P RELIMINARY
1. ( 1 ) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023. ( 2 ) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply— ( a ) to the State of Nagaland; ( b ) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Short title, extent and commencement.
Bill No. 174-C of 2023
AS PASSED BY LOK S ABHA
ON 20.12.
5
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Explanation .—In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. ( 3 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. ( 1 ) In this Sanhita, unless the context otherwise requires,— ( a ) "audio-video electronic means" shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide; ( b ) "bail" means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond; ( c ) "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; ( d ) "bail bond" means an undertaking for release with surety; ( e ) "bond" means a personal bond or an undertaking for release without surety; ( f ) "charge" includes any head of charge when the charge contains more heads than one; ( g ) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; ( h ) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation .—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; ( i ) "electronic communication" means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government; ( j ) "High Court" means,— ( i ) in relation to any State, the High Court for that State; ( ii ) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; ( iii ) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; ( k ) "inquiry" means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court; ( l ) "investigation" includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Explanation .—Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail;
Definitions.
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