Bharatiya Nagarik Suraksha Sanhita, 2023
भारतीय नागरिक सुरक्षा संहिता, 2023
Replaced the Code of Criminal Procedure, 1973 (CrPC). In force from 1 July 2024.
- 531 sections
- 39 chapters
- Act No. 46 of 2023
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Chapters and sections
2Constitution of criminal courts and officesSections 6 to 20
- 6Classes of Criminal Courts
- 7Territorial divisions
- 8Court of Session
- 9Courts of Judicial Magistrates
- 10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
- 11Special Judicial Magistrates
- 12Local Jurisdiction of Judicial Magistrates
- 13Subordination of Judicial Magistrates
- 14Executive Magistrates
- 15Special Executive Magistrates
- 16Local Jurisdiction of Executive
- 17Subordination of Executive Magistrates
- 18Public Prosecutors
- 19Assistant Public Prosecutors
- 20Directorate of Prosecution
3Power of courtsSections 21 to 29
- 21Courts by which offences are triable
- 22Sentences which High Courts and Sessions Judges may pass
- 23Sentences which Magistrates may pass
- 24Sentence of imprisonment in default of fine
- 25Sentence in cases of conviction of several offences at one trial
- 26Mode of conferring powers
- 27Powers of officers appointed
- 28Withdrawal of powers
- 29Powers of Judges and Magistrates exercisable by their successors-in office
4Powers of superior officers of police and aid to the Magistrates and the policeSections 30 to 34
5Arrest of personsSections 35 to 62
- 35When police may arrest without warrant
- 36Procedure of arrest and duties of officer making arrest
- 37Designated police officer
- 38Right of arrested person to meet an advocate of his choice during interrogation
- 39Arrest on refusal to give name and residence
- 40Arrest by private person and procedure on such arrest
- 41Arrest by Magistrate
- 42Protection of members of Armed Forces from arrest
- 43Arrest how made
- 44Search of place entered by person sought to be arrested
- 45Pursuit of offenders into other jurisdictions
- 46No unnecessary restraint
- 47Person arrested to be informed of grounds of arrest and of right to bail
- 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
- 49Search of arrested person
- 50Power to seize offensive weapons
- 51Examination of accused by medical practitioner at request of police officer
- 52Examination of person accused of rape by medical practitioner
- 53Examination of arrested person by medical officer
- 54Identification of person arrested
- 55Procedure when police officer deputes subordinate to arrest without warrant
- 56Health and safety of arrested person
- 57Person arrested to be taken before Magistrate or officer in charge of police station
- 58Person arrested not to be detained more than twenty-four hours
- 59Police to report apprehensions
- 60Discharge of person apprehended
- 61Power, on escape, to pursue and retake
- 62Arrest to be made strictly according to Sanhita
6Processes to compel appearanceSections 63 to 93
A. SummonsSections 63 to 71
- 63Form of summons
- 64Summons how served
- 65Service of summons on corporate bodies, firms, and societies
- 66Service when persons summoned cannot be found
- 67Procedure when service cannot be effected as before provided
- 68Service on Government servant
- 69Service of summons outside local limits
- 70Proof of service in such cases and when serving officer not present
- 71Service of summons on witness
B. Warrant of arrestSections 72 to 83
- 72Form of warrant of arrest and duration
- 73Power to direct security to be taken
- 74Warrants to whom directed
- 75Warrant may be directed to any person
- 76Warrant directed to police officer
- 77Notification of substance of warrant
- 78Person arrested to be brought before Court without delay
- 79Where warrant may be executed
- 80Warrant forwarded for execution outside jurisdiction
- 81Warrant directed to police officer for execution outside jurisdiction
- 82Procedure on arrest of person against whom warrant issued
- 83Procedure by Magistrate before whom such person arrested is brought
C. Proclamation and attachmentSections 84 to 89
- 84Proclamation for person absconding
- 85Attachment of property of person absconding
- 86Identification and attachment of property of proclaimed person
- 87Claims and objections to attachment
- 88Release, sale and restoration of attached property
- 89Appeal from order rejecting application for restoration of attached property
7Processes to compel the production of thingsSections 94 to 110
A. Summons to produceSections 94 to 95
B. Search-warrantsSections 96 to 101
- 96When search-warrant may be issued
- 97Search of place suspected to contain stolen property, forged documents, etc
- 98Power to declare certain publications forfeited and to issue search-warrants for same
- 99Application to High Court to set aside declaration of forfeiture
- 100Search for persons wrongfully confined
- 101Power to compel restoration of abducted females
C. General provisions relating to searchesSections 102 to 104
D. MiscellaneousSections 105 to 110
- 105Recording of search and seizure through audio-video electronic means
- 106Power of police officer to seize certain property
- 107Attachment, forfeiture or restoration of property
- 108Magistrate may direct search in his presence
- 109Power to impound document, etc., produced
- 110Reciprocal arrangements regarding processes
8Reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of propertySections 111 to 124
- 111Definitions
- 112Letter of request to competent authority for investigation in a country or place outside India
- 113Letter of request from a country or place outside India to a Court or an authority for investigation in India
- 114Assistance in securing transfer of persons
- 115Assistance in relation to orders of attachment or forfeiture of property
- 116Identifying unlawfully acquired property
- 117Seizure or attachment of property
- 118Management of properties seized or forfeited under this Chapter
- 119Notice of forfeiture of property
- 120Forfeiture of property in certain cases
- 121Fine in lieu of forfeiture
- 122Certain transfers to be null and void
- 123Procedure in respect of letter of request
- 124Application of this Chapter
9Security for keeping the peace and for good behaviourSections 125 to 143
- 125Security for keeping peace on conviction
- 126Security for keeping peace in other cases
- 127Security for good behaviour from persons disseminating certain matters
- 128Security for good behaviour from suspected persons
- 129Security for good behaviour from habitual offenders
- 130Order to be made
- 131Procedure in respect of person present in Court
- 132Summons or warrant in case of person not so present
- 133Copy of order to accompany summons or warrant
- 134Power to dispense with personal attendance
- 135Inquiry as to truth of information
- 136Order to give security
- 137Discharge of person informed against
- 138Commencement of period for which security is required
- 139Contents of bond
- 140Power to reject sureties
- 141Imprisonment in default of security
- 142Power to release persons imprisoned for failing to give security
- 143Security for unexpired period of bond
10Order for maintenance of wives, children and parentsSections 144 to 147
11Maintenance of public order and tranquillitySections 148 to 167
A. Unlawful assembliesSections 148 to 151
B. Public nuisancesSections 152 to 162
- 152Conditional order for removal of nuisance
- 153Service or notification of order
- 154Person to whom order is addressed to obey or show cause
- 155Penalty for failure to comply with section 154
- 156Procedure where existence of public right is denied
- 157Procedure where person against whom order is made under section 152 appears to show cause
- 158Power of Magistrate to direct local investigation and examination of an expert
- 159Power of Magistrate to furnish written instructions, etc
- 160Procedure on order being made absolute and consequences of disobedience
- 161Injunction pending inquiry
- 162Magistrate may prohibit repetition or Continuance of public nuisance
C. Urgent cases of nuisance or apprehended dangerSection 163
D. Disputes as to immovable propertySections 164 to 167
12Preventive action of the policeSections 168 to 172
13Information to the police and their powers to investigateSections 173 to 196
- 173Information in cognizable cases
- 174Information as to non-cognizable cases and investigation of such cases
- 175Police officer’s power to investigate cognizable case
- 176Procedure for investigation
- 177Report how submitted
- 178Power to hold investigation or preliminary inquiry
- 179Police officer's power to require attendance of witnesses
- 180Examination of witnesses by police
- 181Statements to police and use thereof
- 182No inducement to be offered
- 183Recording of confessions and statements
- 184Medical examination of victim of rape
- 185Search by police officer
- 186When officer in charge of police station may require another to issue search-warrant
- 187Procedure when investigation cannot be completed in twenty-four hours
- 188Report of investigation by subordinate police officer
- 189Release of accused when evidence deficient
- 190Cases to be sent to Magistrate, when evidence is sufficient
- 191Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
- 192Diary of proceedings in investigation
- 193Report of police officer on completion of investigation
- 194Police to enquire and report on suicide, etc
- 195Power to summon persons
- 196Inquiry by Magistrate into cause of death
14Jurisdiction of the criminal courts in inquiries and trialsSections 197 to 209
- 197Ordinary place of inquiry and trial
- 198Place of inquiry or trial
- 199Offence triable where act is done or consequence ensues
- 200Place of trial where act is an offence by reason of relation to other offence
- 201Place of trial in case of certain offences
- 202Offences committed by means of electronic communications, letters, etc
- 203Offence committed on journey or voyage
- 204Place of trial for offences triable together
- 205Power to order cases to be tried in different sessions divisions
- 206High Court to decide, in case of doubt, district where inquiry or trial shall take place
- 207Power to issue summons or warrant for offence committed beyond local jurisdiction
- 208Offence committed outside India
- 209Receipt of evidence relating to offences committed outside India
15Conditions requisite for initiation of proceedingsSections 210 to 222
- 210Cognizance of offences by Magistrate
- 211Transfer on application of accused
- 212Making over of cases to Magistrates
- 213Cognizance of offences by Court of Session
- 214Additional Sessions Judges to try cases made over to them
- 215Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- 216Procedure for witnesses in case of threatening, etc
- 217Prosecution for offences against State and for criminal conspiracy to commit such offence
- 218Prosecution of Judges and public servants
- 219Prosecution for offences against marriage
- 220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
- 221Cognizance of offence
- 222Prosecution for defamation
16Complaints to MagistratesSections 223 to 226
17Commencement of proceedings before MagistratesSections 227 to 233
- 227Issue of process
- 228Magistrate may dispense with personal attendance of accused
- 229Special summons in cases of petty offence
- 230Supply to accused of copy of police report and other documents
- 231Supply of copies of statements and documents to accused in other cases triable by Court of Session
- 232Commitment of case to Court of Session when offence is triable exclusively by it
- 233Procedure to be followed when there is a complaint case and police investigation in respect of same offence
18The chargeSections 234 to 247
A. Form of chargesSections 234 to 240
B. Joinder of chargesSections 241 to 247
- 241Separate charges for distinct offences
- 242Offences of same kind within year may be charged together
- 243Trial for more than one offence
- 244Where it is doubtful what offence has been committed
- 245When offence proved included in offence charged
- 246What persons may be charged jointly
- 247Withdrawal of remaining charges on conviction on one of several charges
19Trial before a Court of SessionSections 248 to 260
- 248Trial to be conducted by Public Prosecutor
- 249Opening case for prosecution
- 250Discharge
- 251Framing of charge
- 252Conviction on plea of guilty
- 253Date for prosecution evidence
- 254Evidence for prosecution
- 255Acquittal
- 256Entering upon defence
- 257Arguments
- 258Judgment of acquittal or conviction
- 259Previous conviction
- 260Procedure in cases instituted under sub-section (2) of section 222
20Trial of warrant-cases by MagistratesSections 261 to 273
A. Cases instituted on a police reportSections 261 to 266
B. Cases instituted otherwise than on police reportSections 267 to 270
C. Conclusion of trialSections 271 to 273
21Trial of summons-cases by MagistratesSections 274 to 282
- 274Substance of accusation to be stated
- 275Conviction on plea of guilty
- 276Conviction on plea of guilty in absence of accused in petty cases
- 277Procedure when not convicted
- 278Acquittal or conviction
- 279Non-appearance or death of complainant
- 280Withdrawal of complaint
- 281Power to stop proceedings in certain cases
- 282Power of Court to convert summonscases into warrant-cases
23Plea bargainingSections 289 to 300
- 289Application of Chapter
- 290Application for plea bargaining
- 291Guidelines for mutually satisfactory disposition
- 292Report of mutually satisfactory disposition to be submitted before Court
- 293Disposal of case
- 294Judgment of Court
- 295Finality of judgment
- 296Power of Court in plea bargaining
- 297Period of detention undergone by accused to be set off against sentence of imprisonment
- 298Savings
- 299Statements of accused not to be used
- 300Non-application of Chapter
24Attendance of persons confined or detained in prisonsSections 301 to 306
- 301Definitions
- 302Power to require attendance of prisoners
- 303Power of State Government or Central Government to exclude certain persons from operation of section 302
- 304Officer in charge of prison to abstain from carrying out order in certain contingencies
- 305Prisoner to be brought to Court in custody
- 306Power to issue commission for examination of witness in prison
25Evidence in inquiries and trialsSections 307 to 336
A. Mode of taking and recording evidenceSections 307 to 318
- 307Language of Courts
- 308Evidence to be taken in presence of accused
- 309Record in summonscases and inquiries
- 310Record in warrant-cases
- 311Record in trial before Court of Session
- 312Language of record of evidence
- 313Procedure in regard to such evidence when completed
- 314Interpretation of evidence to accused or his advocate
- 315Remarks respecting demeanour of witness
- 316Record of examination of accused
- 317Interpreter to be bound to interpret truthfully
- 318Record in High Court
B. Commissions for the examination of witnessesSections 319 to 336
- 319When attendance of witness may be dispensed with and commission issued
- 320Commission to whom to be issued
- 321Execution of commissions
- 322Parties may examine witnesses
- 323Return of commission
- 324Adjournment of proceeding
- 325Execution of foreign commissions
- 326Deposition of medical witness
- 327Identification report of Magistrate
- 328Evidence of officers of Mint
- 329Reports of certain Government scientific experts
- 330No formal proof of certain documents
- 331Affidavit in proof of conduct of public servants
- 332Evidence of formal character on affidavit
- 333Authorities before whom affidavits may be sworn
- 334Previous conviction or acquittal how proved
- 335Record of evidence in absence of accused
- 336Evidence of public servants, experts, police officers in certain cases
26General provisions as to inquiries and trialsSections 337 to 366
- 337Person once convicted or acquitted not to be tried for same offence
- 338Appearance by Public Prosecutors
- 339Permission to conduct prosecution
- 340Right of person against whom proceedings are instituted to be defended
- 341Legal aid to accused at State expense in certain cases
- 342Procedure when corporation or registered society is an accused
- 343Tender of pardon to accomplice
- 344Power to direct tender of pardon
- 345Trial of person not complying with conditions of pardon
- 346Power to postpone or adjourn proceedings
- 347Local inspection
- 348Power to summon material witness, or examine person present
- 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
- 350Expenses of complainants and witnesses
- 351Power to examine accused
- 352Oral arguments and memorandum of arguments
- 353Accused person to be competent witness
- 354No influence to be used to induce disclosure
- 355Provision for inquiries and trial being held in absence of accused in certain cases
- 356Inquiry, trial or judgment in absentia of proclaimed offender
- 357Procedure where accused does not understand proceedings
- 358Power to proceed against other persons appearing to be guilty of offence
- 359Compounding of offences
- 360Withdrawal from prosecution
- 361Procedure in cases which Magistrate cannot dispose of
- 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
- 363Trial of persons previously convicted of offences against coinage, stamp-law or property
- 364Procedure when Magistrate cannot pass sentence sufficiently severe
- 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 366Court to be open
27Provisions as to accused persons of unsound mindSections 367 to 378
- 367Procedure in case of accused being person of unsound mind
- 368Procedure in case of person of unsound mind tried before Court
- 369Release of person of unsound mind pending investigation or trial
- 370Resumption of inquiry or trial
- 371Procedure on accused appearing before Magistrate or Court
- 372When accused appears to have been of sound mind
- 373Judgment of acquittal on ground of unsoundness of mind
- 374Person acquitted on ground of unsoundness of mind to be detained in safe custody
- 375Power of State Government to empower officer in charge to discharge
- 376Procedure where prisoner of unsound mind is reported capable of making his defence
- 377Procedure where person of unsound mind detained is declared fit to be released
- 378Delivery of person of unsound mind to care of relative or friend
28Provisions as to offences affecting the administration of justiceSections 379 to 391
- 379Procedure in cases mentioned in section 215
- 380Appeal
- 381Power to order costs
- 382Procedure of Magistrate taking cognizance
- 383Summary procedure for trial for giving false evidence
- 384Procedure in certain cases of contempt
- 385Procedure where Court considers that case should not be dealt with under section 384
- 386When Registrar or Sub-Registrar to be deemed a Civil Court
- 387Discharge of offender on submission of apology
- 388Imprisonment or committal of person refusing to answer or produce document
- 389Summary procedure for punishment for non-attendance by a witness in obedience to summons
- 390Appeals from convictions under sections 383, 384, 388 and 389
- 391Certain Judges and Magistrates not to try certain offences when committed before themselves
29The judgmentSections 392 to 406
- 392Judgment
- 393Language and contents of judgment
- 394Order for notifying address of previously convicted offender
- 395Order to pay compensation
- 396Victim compensation scheme
- 397Treatment of victims
- 398Witness protection scheme
- 399Compensation to persons groundlessly arrested
- 400Order to pay costs in non-cognizable cases
- 401Order to release on probation of good conduct or after admonition
- 402Special reasons to be recorded in certain cases
- 403Court not to alter judgment
- 404Copy of judgment to be given to accused and other persons
- 405Judgment when to be translated
- 406Court of Session to send copy of finding and sentence to District Magistrate
30Submission of death sentences for confirmationSections 407 to 412
- 407Sentence of death to be submitted by Court of Session for confirmation
- 408Power to direct further inquiry to be made or additional evidence to be taken
- 409Power of High Court to confirm sentence or annul conviction
- 410Confirmation or new sentence to be signed by two Judges
- 411Procedure in case of difference of opinion
- 412Procedure in cases submitted to High Court for confirmation
31AppealsSections 413 to 435
- 413No appeal to lie unless otherwise provided
- 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
- 415Appeals from convictions
- 416No appeal in certain cases when accused pleads guilty
- 417No appeal in petty cases
- 418Appeal by State Government against sentence
- 419Appeal in case of acquittal
- 420Appeal against conviction by High Court in certain cases
- 421Special right of appeal in certain cases
- 422Appeal to Court of Session how heard
- 423Petition of appeal
- 424Procedure when appellant in jail
- 425Summary dismissal of appeal
- 426Procedure for hearing appeals not dismissed summarily
- 427Powers of Appellate Court
- 428Judgments of subordinate Appellate Court
- 429Order of High Court on appeal to be certified to lower Court
- 430Suspension of sentence pending appeal; release of appellant on bail
- 431Arrest of accused in appeal from acquittal
- 432Appellate Court may take further evidence or direct it to be taken
- 433Procedure where Judges of Court of appeal are equally divided
- 434Finality of judgments and orders on appeal
- 435Abatement of appeals
32Reference and revisionSections 436 to 445
- 436Reference to High Court
- 437Disposal of case according to decision of High Court
- 438Calling for records to exercise powers of revision
- 439Power to order inquiry
- 440Sessions Judge's powers of revision
- 441Power of Additional Sessions Judge
- 442High Court's powers of revision
- 443Power of High Court to withdraw or transfer revision cases
- 444Option of Court to hear parties
- 445High Court's order to be certified to lower Court
33Transfer of criminal casesSections 446 to 452
- 446Power of Supreme Court to transfer cases and appeals
- 447Power of High Court to transfer cases and appeals
- 448Power of Sessions Judge to transfer cases and appeals
- 449Withdrawal of cases and appeals by Sessions Judges
- 450Withdrawal of cases by Judicial Magistrates
- 451Making over or withdrawal of cases by Executive Magistrates
- 452Reasons to be recorded
34Execution, suspension, remission and commutation of sentencesSections 453 to 477
A. Death sentencesSections 453 to 456
B. ImprisonmentSections 457 to 460
C. Levy of fineSections 461 to 464
D. General provisions regarding executionSections 465 to 471
- 465Who may issue warrant
- 466Sentence on escaped convict when to take effect
- 467Sentence on offender already sentenced for another offence
- 468Period of detention undergone by accused to be set off against sentence of imprisonment
- 469Saving
- 470Return of warrant on execution of sentence
- 471Money ordered to be paid recoverable as a fine
E. Suspension, remission and commutation of sentencesSections 472 to 477
- 472Mercy petition in death sentence cases
- 473Power to suspend or remit sentences
- 474Power to commute sentence
- 475Restriction on powers of remission or commutation in certain cases
- 476Concurrent power of Central Government in case of death sentences
- 477State Government to act after concurrence with Central Government in certain cases
35Provisions as to bail and bondsSections 478 to 496
- 478In what cases bail to be taken
- 479Maximum period for which under trial prisoner can be detained
- 480When bail may be taken in case of non-bailable offence
- 481Bail to require accused to appear before next Appellate Court
- 482Direction for grant of bail to person apprehending arrest
- 483Special powers of High Court or Court of Session regarding bail
- 484Amount of bond and reduction thereof
- 485Bond of accused and sureties
- 486Declaration by sureties
- 487Discharge from custody
- 488Power to order sufficient bail when that first taken is insufficient
- 489Discharge of sureties
- 490Deposit instead of recognizance
- 491Procedure when bond has been forfeited
- 492Cancellation of bond and bail bond
- 493Procedure in case of insolvency or death of surety or when a bond is forfeited
- 494Bond required from child
- 495Appeal from orders under section 491
- 496Power to direct levy of amount due on certain recognizances
36Disposal of propertySections 497 to 505
- 497Order for custody and disposal of property pending trial in certain cases
- 498Order for disposal of property at conclusion of trial
- 499Payment to innocent purchaser of money found on accused
- 500Appeal against orders under section 498 or section 499
- 501Destruction of libellous and other matter
- 502Power to restore possession of immovable property
- 503Procedure by police upon seizure of property
- 504Procedure where no claimant appears within six months
- 505Power to sell perishable property
37Irregular proceedingsSections 506 to 512
- 506Irregularities which do not vitiate proceedings
- 507Irregularities which vitiate proceedings
- 508Proceedings in wrong place
- 509Non-compliance with provisions of section 183 or section 316
- 510Effect of omission to frame, or absence of, or error in, charge
- 511Finding or sentence when reversible by reason of error, omission or irregularity
- 512Defect or error not to make attachment unlawful
38Limitation for taking cognizance of certain offencesSections 513 to 519
39MiscellaneousSections 520 to 531
- 520Trials before High Courts
- 521Delivery to commanding officers of persons liable to be tried by Court-martial
- 522Forms
- 523Power of High Court to make rules
- 524Power to alter functions allocated to Executive Magistrate in certain cases
- 525Cases in which Judge or Magistrate is personally interested
- 526Practising advocate not to sit as Magistrate in certain Courts
- 527Public servant concerned in sale not to purchase or bid for property
- 528Saving of inherent powers of High Court
- 529Duty of High Court to exercise continuous superintendence over Courts
- 530Trial and proceedings to be held in electronic mode
- 531Repeal and savings
Text: the official English text as printed in the Gazette on 25 December 2023. Later amendments, if any, are not included. The Schedules are not added yet.