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The Bharatiya Nagarik Suraksha Sanhita, 2023

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Enacted
2023-12-25
Chapters
40
Sections
592

About this act

Overview & editorial context

The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adiniyam (BSA) came into effect on July 1, 2024. These new laws aim to comprehensively overhaul India's criminal justice system.

The legislation comprises 531 sections distributed across 39 chapters. It introduces nine new sections, 39 new subsections or clauses, 44 new provisos and explanations, while deleting 14 existing provisions and modifying 177 others.

The new laws incorporate audio-video electronic means in 23 instances, and references to mobile phones in eight sections: 2(1)(i), 105, 176(1) proviso-2, 176(3), 183(6) proviso-4, 185(2) proviso, 356(5), and 497(3). Additionally, the term "cell" or "cellular phone" is introduced in three sections: 2(1)(f), 105, and 176, 183(6).

Audio-video conferencing is now permitted in Section 154, and audio-video players are referenced in Section 2(1)(i). The term "child" replaces "minor" in 11 places, including Section 245 on minor offenses. References to intellectual disability appear in 11 places, while infirmity is mentioned in Sections 219, 222, and 304. Acute illness is referenced in Sections 179 and 195.

The term "report of police officer" is used in Section 193, while "report of investigation" is introduced in Section 188. Notably, the terms "final report," "challan," and "charge sheet" have been eliminated.

Change summary

This act replaces the old act - Code of Criminal Procedure Act, 1973

163 Changed
5 Added
10 Deleted

Section index

Browse chapters & sections

Each section opens its dedicated LawFinder page for notes, bookmarks, and related references.

Chapter I

Chapter I

5 sections
Chapter II

Chapter II

15 sections
Chapter III

Chapter III

9 sections
Chapter IV

Chapter IV

5 sections
Chapter V

Chapter V

28 sections
§ 35 When police may arrest without warrant
Readable
§ 36 Procedure of arrest and duties of officer making arrest
Readable
§ 37 Designated police officer
Readable
§ 38 Right of arrested person to meet an advocate of his choice during interrogation
Readable
§ 39 Arrest on refusal to give name and residence
Readable
§ 40 Arrest by private person and procedure on such arrest
Readable
§ 41 Arrest by Magistrate
Readable
§ 42 Protection of members of Armed Forces from arrest
Readable
§ 43 Arrest how made
Readable
§ 44 Search of place entered by person sought to be arrested
Readable
§ 45 Pursuit of offenders into other jurisdictions
Readable
§ 46 No unnecessary restraint
Readable
§ 47 Person arrested to be informed of grounds of arrest and of right to bail
Readable
§ 48 Obligation of person making arrest to inform about arrest, etc., to relative or friend
Readable
§ 49 Search of Arrested person
Readable
§ 50 Power to seize offensive weapons
Readable
§ 51 Examination of accused by medical practitioner at request of police officer
Readable
§ 52 Examination of person accused of rape by medical practitioner
Readable
§ 53 Examination of arrested person by medical officer
Readable
§ 54 Identification of person arrested
Readable
§ 55 Procedure when police officer deputes subordinate to arrest without warrant
Readable
§ 56 Health and safety of arrested person
Readable
§ 57 Person arrested to be taken before Magistrate or officer in charge of police station
Readable
§ 58 Person arrested not to be detained more than twenty-four hours
Readable
§ 59 Police to Report apprehensions
Readable
§ 60 Discharge of Person apprehended
Readable
§ 61 Power, on escape, to pursue and retake
Readable
§ 62 Arrest to be made strictly according to Sanhita
Readable
Chapter VI

Chapter VI

31 sections
§ 63 Form of summons
§ 64 Summons how served
§ 65 Service of summons on corporate bodies, firms, and societies
§ 66 Service when persons summoned cannot be found
§ 67 Procedure when service cannot be effected as before provided
§ 68 Service on Government servant
§ 69 Service of Summons outside local limits
§ 70 Proof of service in such cases and when serving officer not present
§ 71 Service of summons on witness
§ 72 Form of warrant of arrest and duration
§ 73 Power to direct security to be taken
§ 74 Warrants to whom directed
§ 75 Warrant may be directed to any person
§ 76 Warrant directed to police officer
§ 77 Notification of substance of warrant
§ 78 Person arrested to be brought before Court without delay
§ 79 Where warrant may be executed
§ 80 Warrant forwarded for execution outside jurisdiction
§ 81 Warrant directed to police officer for execution outside jurisdiction
§ 82 Procedure on arrest of person against whom warrant issued
§ 83 Procedure by Magistrate before whom such person arrested is brought
§ 84 Proclamation for person absconding
§ 85 Attachment of property of person absconding
§ 86 Identification and attachment of property of proclaimed person
§ 87 Claims and objections to attachment
§ 88 Release, sale and restoration of attached property
§ 89 Appeal from order rejecting application for restoration of attached property
§ 90 Issue of warrant in lieu of, or in addition to, summons
§ 91 Power to take bond or bail bond for appearance
§ 92 Arrest on breach of bond or bail bond for appearance
§ 93 Provisions of this Chapter generally applicable to summons and warrants of arrest
Chapter VII

Chapter VII

17 sections
Chapter VIII

Chapter VIII

14 sections
Chapter IX

Chapter IX

19 sections
Chapter X

Chapter X

4 sections
Chapter XI

Chapter XI

20 sections
Chapter XII

Chapter XII

5 sections
Chapter XIII

Chapter XIII

24 sections
Chapter XIV

Chapter XIV

13 sections
Chapter XV

Chapter XV

13 sections
Chapter XVI

Chapter XVI

11 sections
Chapter XVIII

Chapter XVIII

14 sections
Chapter XIX

Chapter XIX

13 sections
Chapter XX

Chapter XX

13 sections
Chapter XXI

Chapter XXI

9 sections
Chapter XXII

Chapter XXII

6 sections
Chapter XXIII

Chapter XXIII

12 sections
Chapter XXIV

Chapter XXIV

6 sections
Chapter XXV

Chapter XXV

30 sections
Chapter XXVI

Chapter XXVI

30 sections
§ 337 Person once convicted or acquitted not to be tried for same offence
§ 338 Appearance by Public Prosecutors
§ 339 Permission to conduct prosecution
§ 340 Right of person against whom proceedings are instituted to be defended
§ 341 Legal aid to accused at State expense in certain cases
§ 342 Procedure when corporation or registered society is an accused
§ 343 Tender of pardon to accomplice
§ 344 Power to direct tender of pardon
§ 345 Trial of person not complying with conditions of pardon
Readable
§ 346 Power to postpone or adjourn proceedings
§ 347 Local inspection
§ 348 Power to summon material witness, or examine person present
§ 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc
§ 350 Expenses of Complainants and witnesses
§ 351 Power to Examine accused
§ 352 Oral arguments and memorandum of arguments
§ 353 Accused person to be competent witness
§ 354 No influence to be used to induce disclosure
§ 355 Provision for inquiries and trial being held in absence of accused in certain cases
§ 356 Inquiry, trial or judgment in absentia of proclaimed offender
§ 357 Procedure where accused does not understand proceedings
§ 358 Power to Proceed against other persons appearing to be guilty of offence
§ 359 Compounding of offences
§ 360 Withdrawal from prosecution
§ 361 Procedure in cases which Magistrate cannot dispose of
§ 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
§ 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
§ 364 Procedure when Magistrate cannot pass sentence sufficiently severe
§ 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
§ 366 Court to be open
Chapter XXVII

Chapter XXVII

12 sections
Chapter XXVIII

Chapter XXVIII

13 sections
Chapter XXIX

Chapter XXIX

15 sections
Chapter XXX

Chapter XXX

6 sections
Chapter XXXI

Chapter XXXI

23 sections
Chapter XXXII

Chapter XXXII

10 sections
Chapter XXXIII

Chapter XXXIII

7 sections
Chapter XXXIV

Chapter XXXIV

25 sections
Chapter XXXV

Chapter XXXV

19 sections
Chapter XXXVI

Chapter XXXVI

9 sections
Chapter XXXVII

Chapter XXXVII

7 sections
Chapter XXXVIII

Chapter XXXVIII

7 sections
Chapter XXXIX

Chapter XXXIX

71 sections
§ 520 Trials before High Courts
§ 521 Delivery to commanding officers of persons liable to be tried by Court-martial
§ 522 Forms
§ 523 Power of High Court to make rules
§ 524 Power to alter functions allocated to Executive Magistrate in certain cases
§ 525 Cases in which Judge or Magistrate is personally interested
§ 526 Practising advocate not to sit as Magistrate in certain Courts
§ 527 Public servant concerned in sale not to purchase or bid for property
§ 528 Saving of inherent powers of High Court
§ 529 Duty of High Court to exercise continuous superintendence over Courts
§ 530 Trial and proceedings to be held in electronic mode
§ 531 Repeal and savings
§ I. Offences under The Bharatiya Nyaya Sanhita
§ Form No.1 Notice for Appearance by The Police
§ Form No.2 Summons to an Accused Person
§ Form No.3 Warrant of Arrest
§ Form No.4 Bond and Bail-Bond after Arrest under a Warrant
§ Form No.5 Proclamation Requiring The Appearance of A Person Accused
§ Form No.6 Proclamation Requiring The Attendance of a Witness
§ Form No.7 Order of Attachment to Compel The Attendance of a Witness
§ Form No.8 Order of Attachment to Compel The Appearance of a Person Accused
§ Form No.9 Order Authorising an Attachment by The District Magistrate or Collector
§ Form No.10 Warrant in The First Instance to Bring up a Witness
§ Form No.11 Warrant to Search after Information of a Particular Offence
§ Form No.12 Warrant to Search Suspected Place of Deposit
§ Form No.13 Bond to keep The Peace
§ Form No.14 Bond for Good Behavior
§ Form No.15 Summons on Information of a Probable Breach of The Peace
§ Form No.16 Warrant of Commitment on Failure to find Security to keep The Peace
§ Form No.17 Warrant of Commitment on Failure to find Security for Good Behavior
§ Form No.18 Warrant to Discharge a Person Imprisoned on Failure to give Security
§ Form No.19 Warrant of Imprisonment on Failure to Pay Maintenance
§ Form No.20 Warrant to Enforce The Payment of Maintenance by Attachment and Sale
§ Form No.21 Order for The Removal of Nuisances
§ Form No.22 Magistrate's Notice and Peremptory Order
§ Form No.23 Injunction to Provide Against Imminent Danger Pending Inquiry
§ Form No.24 Magistrate's Order Prohibiting The Repetition, Etc., of a Nuisance
§ Form No.25 Magistrate's Order to Prevent Obstruction, Riot, Etc.
§ Form No.26 Magistrate's Order Declaring Party Entitled to Retain Possession of Land, Etc., in Dispute
§ Form No.27 Warrant of Attachment in The Case of a Dispute as to The Possession of Land, Etc.
§ Form No.28 Magistrate's Order Prohibiting The Doing of anything on Land or Water
§ Form No.29 Bond and Bail-Bond on a Preliminary Inquiry before a Police Officer
§ Form No.30 Bond to Prosecute or Give Evidence
§ Form No.31 Special Summons to a Person Accused of a Petty Offence
§ Form No.32 Notice of Commitment by Magistrate to Public Prosecutor
§ Form No.33 Charges
§ Form No.34 Summons to Witness
§ Form No.35 Warrant of Commitment on a Sentence of Imprisonment or Fine if Passed by a Court
§ Form No.36 Warrant of Imprisonment on Failure to Pay Compensation
§ Form No.37 Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence
§ Form No.38 Order Requiring Production in Court of Person in Prison for giving Evidence
§ Form No.39 Warrant of Commitment in Certain Cases of Contempt when a fine is Imposed
§ Form No.40 Magistrate's or Judge's Warrant of Commitment of Witness Refusing to Answer or to Produce Document
§ Form No.41 Warrant of Commitment Under Sentence of Death
§ Form No.42 Warrant after a Commutation of a Sentence
§ Form No.43 Warrant of Execution of a Sentence of Death
§ Form No.44 Warrant to Levy a Fine by Attachment and Sale
§ Form No.45 Warrant for Recovery of Fine
§ Form No.46 Bond for Appearance of Offender Released Pending Realisation of Fine
§ Form No.47 Bond and Bail-Bond for Attendance before Officer in Charge of Police Station or Court
§ Form No.48 Warrant to Discharge a Person Imprisoned on Failure to give Security
§ Form No.49 Warrant of Attachment to Enforce a Bond
§ Form No.50 Notice to Surety on Breach of a Bond
§ Form No.51 Notice to Surety of Forfeiture of Bond for Good Behavior
§ Form No.52 Warrant of Attachment Against a Surety
§ Form No.53 Warrant of Commitment of The Surety of an Accused Person Admitted to Bail
§ Form No.54 Notice to The Principal of Forfeiture of Bond to keep The Peace
§ Form No.55 Warrant to Attach The Property of The Principal on Breach of a Bond to keep The Peace
§ Form No.56 Warrant of Imprisonment on Breach of a Bond to keep The Peace
§ Form No.57 Warrant of Attachment and Sale on Forfeiture of Bond for Good Behavior
§ Form No.58 Warrant of Imprisonment on Forfeiture of Bond for Good Behavior
The First Schedule

The First Schedule

1 section
The Second Schedule

The Second Schedule

1 section

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