BNSS Clauses Index
BNSS Clauses Index
2023
CLAUSE , TITLE
1. Short title, extent and commencement
2. Definitions
3. Construction of references
4. Trial of offences under Bhartiya Nyaya Sanhita and other laws
5. Saving
6. Classes of Criminal Courts.
7. Territorial divisions
8. Court of Session
9. Courts of Judicial Magistrates
10. Chief Judicial Magistrate and Additional Chief Judicial
Magistrate, etc.
11. Special Judicial Magistrates
12. Local jurisdiction of Judicial Magistrates
13. Subordination of Judicial Magistrates
14. Executive Magistrates
15. Special Executive Magistrates
16. Local Jurisdiction of Executive Magistrates
17. Subordination of Executive Magistrates
18. Public Prosecutors
19. Assistant Public Prosecutors
20. Directorate of Prosecution
21. Courts by which offences are triable
22. Sentences which High Courts
and Sessions Judges may pass
23. Sentences which Magistrates may pass
24. Sentence of imprisonment in default of fine
25. Sentence in cases of conviction of several offences at one trial
26. Mode of conferring powers
27. Powers of officers appointed
28. Withdrawal of powers
29. Powers of Judges and Magistrates exercisable by their
successors-in-office
30. Powers of superior officers of police
31. Public when to assist Magistrates and police
32. Aid to person, other than police officer, executing warrant
33. Public to give information of certain offences
34. Duty of officers employed in connection with the affairs of a
village to make certain report
35. When police may arrest without warrant
36. Procedure of arrest and duties of officer making arrest
37. Designated Police Officer
38. Right of arrested person to meet an advocate of his choice
during interrogation
39. Arrest on refusal to give name and residence
40. Arrest by private person and procedure on such arrest
41. Arrest by Magistrate
42. Protection of members of the Armed Forces from arrest
43. Arrest how made
44. Search of place entered by Person sought to be arrested
45. Pursuit of offenders into other jurisdictions
46. No unnecessary restraint
47. Person arrested to be informed of grounds of arrest and of right
to bail
48. Obligation of person making arrest to inform about the arrest,
etc., to relative or friend
49. Search of arrested person
50. Power to seize offensive weapons
51. Examination of accused by medical practitioner at the request
of police officer
52. Examination of person accused of rape by medical practitioner
53. Examination of arrested person by medical officer
54. Identification of person arrested
55. Procedure when police officer deputes subordinate to arrest
Without warrant
56. Health and safety of arrested person
57. Person arrested to be taken before Magistrate or officer in
charge of police station
58. Person arrested not to be detained more than twenty-four
hours
59. Police to report apprehensions
60. Discharge of person apprehended
61. Power, on escape, to pursue and retake
62. Arrest to be made strictly according to the Sanhita
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 by post
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 for appearance
92. Arrest on breach of bond for appearance
93. Provisions of this Chapter generally applicable to summonses
and warrants of arrest
94. Summons to produce document or other thing
95. Procedure as to letters and telegrams
96. When search-warrant may be issued
97. Search of place suspected to contain stolen property, forged
documents, etc.
98. Power to declare certain publications forfeited and to issue
search-warrants for the same
99. Application to High Court to set aside declaration of forfeiture
100. Search for persons wrongfully confined
101. Power to compel restoration of abducted females
102. Direction, etc., of search warrants
103. Persons in charge of closed place to allow search
104. Disposal of things found in search beyond jurisdiction
105. Recording of search and seizure through audio-video
electronic means
106. Power of Police Officer to seize Certain property
107. Attachment, forfeiture and restoration of property
108. Magistrate may direct search in his presence
109. Power to impound document, etc., produced
110. Reciprocal arrangements regarding processes
111. Definitions
112. Letter of request to competent authority for investigation in a
country or place outside India
113. Letter of request from a country or place outside India to a
Court or an authority for investigation in India.
114. Assistance in securing transfer of persons
115. Assistance in relation to orders of attachment or forfeiture of
property
116. Identifying unlawfully acquired property.
117. Seizure or attachment of property
118. Management of properties seized or forfeited under this
Chapter
119. Notice of forfeiture of property Forfeiture of property in certain
cases
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture
122. Certain transfers to be null and void
123. Procedure in respect of letter of request
124. Application of this Chapter
125. Security for keeping the peace on conviction
126. Security for keeping the peace in other cases
127. Security for good behaviour from persons disseminating
seditious matters
128. Security for good behaviour from suspected persons
129. Security for good behaviour from habitual offenders
130. Order to be made
131. Procedure in respect of person present in Court
132. Summons or warrant in case of person not so present
133. Copy of order to accompany summons or warrant
134. Power to dispense with personal attendance
135. Inquiry as to truth of information
136. Order to give security
137. Discharge of person informed against
138. Commencement of period for which security is required
139. Contents of bond
140. Power to reject sureties
141. Imprisonment in default of security
142. Power to release persons imprisoned for failing to give
security
143. Security for unexpired period of bond
144. Order for maintenance of wives, children and parents
145. Procedure
146. Alteration in allowance
147. Enforcement of order of maintenance
148. Dispersal of assembly by use of civil force
149. Use of armed forces to disperse assembly
150. Power of certain armed force officers to disperse assembly
151. Protection against prosecution for acts done under sections
148, 149 and 150
152. Conditional order for removal of nuisance
153. Service or notification of order
154. Person to whom order is addressed to obey or show cause
155. Consequences of his failing to do so
156. Procedure where existence of public right is denied
157. Procedure where he appears to show cause
158. Power of Magistrate to direct local investigation and
examination of an expert
159. Power of Magistrate to furnish written instructions, etc.
160. Procedure on order being made absolute and consequences
of disobedience
161. Injunction pending inquiry
162. Magistrate may prohibit repetition or continuance of public
nuisance
163. Power to issue order in urgent cases of nuisance or
apprehended danger
164. Procedure where dispute concerning land or water is likely to
cause breach of peace
165. Power to attach subject of dispute and to appoint receiver
166. Dispute concerning right of use of land or water
167. Local inquiry
168. Police to prevent cognizable offences
169. Information of design to commit cognizable offences
170. Arrest to prevent the commission of cognizable offences
171. Prevention of injury to public property
172. Persons bound to confirm to lawful directions of Police
173. Information in cognizable cases
174. Information as to noncognizable cases and investigation of
such cases
175. Police officer’s power to investigate cognizable case
176. Procedure for investigation
177. Report how submitted
178. Power to hold investigation or preliminary inquiry
179. Police officer’s power to require attendance of witnesses
180. Examination of witnesses by police
181. Statements to police not to be signed: Use of statements in
evidence
182. No inducement to be offered
183. Recording of confessions and statements
184. Medical examination of the victim of rape
185. Search by police officer
186. When officer in charge of police station may require another to
issue search-warrant
187. Procedure when investigation cannot be completed in twenty
four hours
188. Report of investigation by subordinate police officer
189. Release of accused when evidence deficient
190. Cases to be sent to Magistrate, when evidence is sufficient
191. Complainant and witnesses not to be required to accompany
police officer and not to be subjected to restraint
192. Diary of proceedings in investigation
193. Report of police officer on completion of investigation
194. Police to enquire and report on suicide, etc.
195. Power to summon persons
196. Inquiry by Magistrate into cause of death
197. Ordinary place of inquiry and trial
198. Place of inquiry or trial
199. Offence triable where act is done or consequence ensues
200. Place of trial where act is an offence by reason of relation to
other offence
201. Place of trial in case of certain offences
202. Offences committed by means of electronic communications,
letters, etc.
203. Offence committed on journey or voyage
204. Place of trial for offences triable together
205. Power to order cases to be tried in different sessions divisions
206. High Court to decide, in case of doubt, district where inquiry or
trial shall take place
207. Power to issue summons or warrant for offence committed
beyond local jurisdiction
208. Offence committed outside India
209. Receipt of evidence relating to offences committed outside
India
210. Cognizance of offences by Magistrates
211. Transfer on application of the accused
212. Making over of cases to Magistrates
213. Cognizance of offences by Courts of Session
214. Additional Sessions Judges to try cases made over to them
215. Prosecution for contempt of lawful authority of public
servants,for offences against public justice and for offences
relating to documents given in evidence
216. Procedure for witnesses in case of threatening, etc.
217. Prosecution for offences against the State and for criminal
conspiracy to commit such offence
218. Prosecution of Judges and public servants
219. Prosecution for offences against marriage
220. Prosecution of offences under section 498A of the Bharatiya
Nyaya Sanhita, 2023
221. Cognizance of offence
222. Prosecution for defamation
223. Examination of complainant
224. Procedure by Magistrate not competent to take cognizance of
the case
225. Postponement of issue of process
226. Dismissal of complaint
227. Issue of process
228. Magistrate may dispense with personal attendance of accused
229. Special summons in cases of petty offence
230. Supply to the accused of copy of police report and other
documents
231. Supply of copies of statements and documents to accused in
other cases triable by Court of Session
232. Commitment of case to Court of Session when offence is
triable exclusively by it
233. Procedure to be followed when there is a complaint case and
police investigation in respect of the same offence
234. Contents of charge
235. Particulars as to time, place and person
236. When manner of committing offence must be stated
237. Words in charge taken in sense of law under which offence is
punishable
238. Effect of errors
239. Court may alter charge
240. Recall of witnesses when charge altered
241. Separate charges for distinct offences
242. Offences of same kind within year may be charged together
243. Trial for more than one offence
244. Where it is doubtful what offence has been committed
245. When offence proved included in offence charged
246. What persons may be charged jointly
247. Withdrawal of remaining charges on conviction on one of
several charges
248. Trial to be conducted by Public Prosecutor
249. Opening case for prosecution
250. Discharge
251. Framing of charge
252. Conviction on plea of guilty
253. Date for prosecution evidence
254. Evidence for prosecution
255. Acquittal
256. Entering upon defence
257. Arguments
258. Judgment of acquittal or conviction
259. Previous conviction
260. Procedure in cases instituted under section 223(1)
261. Compliance with section 231
262. When accused shall be discharged
263. Framing of charge
264. Conviction on plea of guilty
265. Evidence for prosecution
266. Evidence for defence
267. Evidence for prosecution
268. When accused shall be discharged
269. Procedure where accused is not discharged
270. Evidence for defence
271. Acquittal or conviction
272. Absence of complainant
273. Compensation for accusation without reasonable cause
274. Substance of accusation to be stated
275. Conviction on plea of guilty
276. Conviction on plea of guilty in absence of accused in petty
cases
277. procedure when not convicted
278. Acquittal or conviction
279. Non-appearance or death of complainant
280. Withdrawal of complaint
281. Power to stop proceedings in certain cases
282. Power of Court to convert summons-cases into warrantcases
283. Power to try summarily
284. Summary trial by Magistrate of the second class
285. Procedure for summary trials
286. Record in summary trials
287. Judgment in cases tried summarily
288. Language of record and judgment
289. Application of the Chapter
290. Application for plea bargaining
291. Guidelines for mutually satisfactory disposition
292. Report of the mutually satisfactory disposition to be submitted
before the Court
293. Disposal of the case
294. Judgment of the Court
295. Finality of the judgment
296. Power of the Court in plea bargaining
297. Period of detention undergone by the accused to be set off
against the sentence of imprisonment
298. Savings
299. Statements of accused not to be used
300. Non-application of the Chapter
301. Definition
302. Power to require attendance of prisoners
303. Power of State Government or Central Government to exclude
certain persons from operation of section 302
304. Officer in charge of prison to abstain from carrying out order in
certain contingencies
305. Prisoner to be brought to Court in custody
306. Power to issue commission for examination of witness in
prison
307. Language of Courts
308. Evidence to be taken in presence of accused
309. Record in summons-cases and inquiries
310. Record in warrant-cases
311. Record in trial before Court of Session
312. Language of record of evidence
313. Procedure in regard to such evidence when completed
314. Interpretation of evidence to accused or his pleader
315. Remarks respecting demeanour of witness
316. Record of examination of accused
317. Interpreter to be bound to interpret truthfully
318. Record in High Court
319. When attendance of witness may be dispensed with and
commission issued
320. Commission to whom to be issued
321. Execution of commissions
322. Parties may examine witnesses
323. Return of commission
324. Adjournment of proceeding
325. Execution of foreign commissions
326. Deposition of medical witness
327. Identification report of Magistrate
328. Evidence of officers of the Mint
329. Reports of certain Government scientific experts
330. No formal proof of certain documents
331. Affidavit in proof of conduct of public servants
332. Evidence of formal character on affidavit
333. Authorities before whom affidavits may be sworn
334. Previous conviction or acquittal how proved
335. Record of evidence in absence of accused
336. Evidence of public servants, experts, police officers in certain
cases
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
346. Power to postpone or adjourn proceedings
347. local inspection
348. Power to summon material witness, or examine
personpresent
349. Power of Magistrate to order person to give specimen
signatures or handwriting
350. Expenses of complainants and witnesses
351. Power to examine the 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 the 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
367. Procedure in case of accused being person with mental illness
368. Procedure in case of person with mental illness tried before
Court
369. Release of person with mental illness pending investigation or
trial
370. Resumption of inquiry or trial
371. Procedure on accused appearing before Magistrate or Court
372. When accused appears to have been of sound mind
373. Judgment of acquittal on ground of mental illness
374. Person acquitted on such ground to be detained in safe
custody
375. Power of State Government to empower officer-in-charge to
discharge
376. Procedure where prisoner with mental illness is reported
capable of making his defence
377. Procedure where person with mental illness detained is
declared fit to be released
378. Delivery of person with mentalliabilities to care of relative or
friend
379. Procedure in cases mentioned in section 215
380. Appeal
381. Power to order costs
382. Procedure of Magistrate taking cognizance
383. Summary procedure for trial for giving false evidence
384. Procedure in certain cases of contempt
385. Procedure where Court considers that case should not be
dealt with under section 384
386. When Registrar or SubRegistrar to be deemed a Civil Court
387. Discharge of offender on submission of apology
388. Imprisonment or committal of person refusing to answer or
produce document
389. Summary procedure for punishment for non-attendance by a
witness in obedience to summons
390. Appeals from convictions under sections 383, 384, 388 and
389
391. Certain Judges and Magistrates not to try certain offences
when committed before themselves
392. Judgment
393. Language and contents of judgment
394. Order for notifying address of previously convicted offender
395. Order to pay compensation
396. Victim compensation scheme
397. Treatment of victims
398. Witness Protection Scheme
399. Compensation to persons groundlessly arrested
400. Order to pay costs in noncognizable cases
401. Order to release on probation of good conduct or after
admonition
402. Special reasons to be recorded in certain cases
403. Court not to alter judgment
404. Copy of judgment to be given to the accused and other
persons
405. Judgment when to be translated
406. Court of Session to send copy of finding and sentence to
District Magistrate
407. Sentence of death to be submitted by Court of Session
for confirmation
408. Power to direct further inquiry to be made or additional
evidence to be taken
409. Power of High Court to confirm sentence or annul conviction
410. Confirmation or new sentence to be signed by two Judges
411. Procedure in case of difference of opinion
412. Procedure in cases submitted to High Court for confirmation
413. No appeal to lie unless otherwise provided
414. Appeal from orders requiring security or refusal to accept or
rejecting surety for keeping peace or good behaviour
415. Appeals from convictions
416. No appeal in certain cases when accused pleads guilty
417. No appeal in petty cases
418. Appeal by the State Government against sentence
419. Appeal in case of acquittal
420. Appal against conviction by High Court in certain cases
421. Special right of appeal in certain cases
422. Appeal to Court of Session how heard
423. Petition of appeal
424. Procedure when appellant in jail
425. Summary dismissal of appeal
426. Procedure for hearing appeals not dismissed summarily
427. Powers of the Appellate Court
428. Judgments of Subordinate Appellate Court
429. Order of High Court on appeal to be certified to lower Court
430. Suspension of sentence pending the appeal; release of
appellant on bail
431. Arrest of accused in appeal from acquittal
432. Appellate Court may take further evidence or direct it to
be taken
433. Procedure where Judges of Court of Appeal are equally
divided
434. Finality of judgments and orders on appeal
435. Abatement of appeals
436. Reference to High Court
437. Disposal of case according to decision of High Court
438. Calling for records to exercise powers of revision
439. Power to order inquiry
440. Sessions Judge’s powers of revision
441. Power of Additional Sessions Judge
442. High Court’s powers of revision
443. Power of High Court to withdraw or transfer revision cases
444. Option of Court to hear parties
445. High Court’s order to be certified to lower Court.
446. Power of Supreme Court to transfer cases and appeals
447. Power of High Court to transfer cases and appeals
448. Power of Sessions Judge to transfer cases and appeals
449. Withdrawal of cases and appeals by Session Judge
450. Withdrawal of cases by Judicial Magistrate
451. Making over or withdrawal of cases by Executive Magistrates
452. Reasons to be recorded
453. Execution of order passed under section 409
454. Execution of sentence of death passed by High Court
455. Postponement of execution of sentence of death in case of
appeal to Supreme Court
456. Commutation of sentence of death on pregnant woman
457. Power to appoint place of imprisonment
458. Execution of sentence of imprisonment
459. Direction of warrant for execution
460. Warrant with whom to be lodged
461. Warrant for levy of fine
462. Effect of such warrant
463. Warrant for levy of fine issued by a Court in any territory to
which this Sanhita does not extend
464. Suspension of execution of sentence of imprisonment
465. Who may issue warrant
466. Sentence on escaped convict when to take effect
467. Sentence on offender already sentenced for another offence
468. Period of detention undergone by the accused to be set off
against the sentence of imprisonment
469. Saving
470. Return of warrant on execution of sentence
471. Money ordered to be paid recoverable as a fine
472. Mercy Petition in death sentence cases
473. Power to suspend or remit sentences
474. Power to commute sentence
475. Restriction on powers of remission or commutation in certain
cases
476. Concurrent power of Central Government in case of death
sentences
477. State Government to act after concurrence with Central
Government in certain cases
478. In what cases bail to be taken
479. Maximum period for which an under-trial prisoner can be
detained
480. When bail may be taken in case of non-bailable offence
481. Bail to require accused to appear before next appellate Court
482. Direction for grant of bail to person apprehending arrest
483. Special powers of High Court or Court of Session regarding
bail
484. Amount of bond and reduction thereof
485. Bond of accused and sureties
486. Declaration by sureties
487. Discharge from custody
488. Power to order sufficient bail when that first taken is
insufficient
489. Discharge of sureties
490. Deposit instead of recognizance
491. Procedure when bond has been forfeited
492. Cancellation of bond and bail bond
493. Procedure in case of insolvency of death of surety or when a
bond is forfeited
494. Bond required from minor
495. Appeal from orders under section 491
496. Power to direct levy of amount due on certain recognizances
497. Order for custody and disposal of property pending trial in
certain cases
498. Order for disposal of property at conclusion of trial
499. Payment to innocent purchaser of money found on accused
500. Appeal against orders under section 500 or section 501
501. Destruction of libellous and other matter
502. Power to restore possession of immovable property
503. Procedure by police upon seizure of property
504. Procedure where no claimant appears within six months
505. Power to sell perishable property
506. Irregularities which do not vitiate proceedings
507. Irregularities which vitiate proceedings
508. Proceedings in wrong place
509. Non-compliance with provisions of section 183 or section 316
510. Effect of omission to frame, or absence of, or error in, charge
511. Finding or sentence when reversible by reason of error,
omission or irregularity
512. Defect or error not to make attachment unlawful
513. Definitions
514. Bar to taking cognizance afterlapse of the period of limitation
515. Commencement of the period of limitation
516. Exclusion of time in certain cases
517. Exclusion of date on which Court is closed
518. Continuing offence
519. Extension of period of limitation in certain cases
520. Trials before High Courts
521. Delivery to commanding officers of persons liable to be tried
by Courtmartial
522. Forms
523. Power of High Court to make rules
524. Power to alter functions allocated to Executive Magistrate in
certain cases
525. Case in which Judge or Magistrate is personally interested
526. Practicing 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