Bare Acts

The Bharatiya Nagarik Suraksha Sanhita, 2023

2023 · Ministry of Home Affairs · In force · synced 04 Jul 2026

⇄ Code of Criminal Procedure, 1973

1.Short title, extent and commencement 2.Definitions 3.Construction of references 4.Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws 5.Saving

II — CONSTITUTION OF CRIMINAL COURTS AND OFFICES

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 17.Subordination of Executive Magistrates 18.Public Prosecutors 19.Assistant Public Prosecutors 20.Directorate of Prosecution

III

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 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 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 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 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 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 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

VII

94.Summons to produce document or other thing 95.Procedure as to letters 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 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 or restoration of property 108.Magistrate may direct search in his presence 109.Power to impound document, etc., produced 110.Reciprocal arrangements regarding processes

VIII

111.Definitions 112.Letter of request to competent authority for investigation in a country or place outside 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 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 peace on conviction 126.Security for keeping peace in other cases 127.Security for good behaviour from persons disseminating certain 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.Penalty for failure to comply with section 154 156.Procedure where existence of public right is denied 157.Procedure where person against whom order is made under section 152 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

XII — PREVENTIVE ACTION OF THE POLICE

168.Police to prevent cognizable offences 169.Information of design to commit cognizable offences 170.Arrest to prevent commission of cognizable offences 171.Prevention of injury to public property 172.Persons bound to conform to lawful directions of police

XIII — INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

173.Information in cognizable cases 174.Information as to non-cognizable 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 and use thereof 182.No inducement to be offered 183.Recording of confessions and statements 184.Medical examination of 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 subject 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

XIV — JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

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

XV — CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

210.Cognizance of offences by Magistrate 211.Transfer on application of accused 212.Making over of cases to Magistrates 213.Cognizance of offences by Court 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 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 85 of Bharatiya Nyaya Sanhita, 2023 221.Cognizance of offence 222.Prosecution for defamation

XVI — COMPLAINTS TO MAGISTRATES

223.Examination of complainant 224.Procedure by Magistrate not competent to take cognizance of case 225.Postponement of issue of process 226.Dismissal of complaint

XVII

227.Issue of process 228.Magistrate may dispense with personal attendance of accused 229.Special summons in cases of petty offence 230.Supply to 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 same offence

XVIII

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

XIX

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 sub-section (2) of section 222

261.Compliance with section 230 262.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

XXI — TRIAL OF SUMMONS-CASES BY MAGISTRATES

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 summonscases into warrant-cases

XXII

283.Power to try summarily 284.Summary trial by Magistrate of 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 Chapter

XXIII

290.Application for plea bargaining 291.Guidelines for mutually satisfactory disposition 292.Report of mutually satisfactory disposition to be submitted before Court 293.Disposal of case 294.Judgment of Court 295.Finality of judgment 296.Power of Court in plea bargaining 297.Period of detention undergone by accused to be set off against sentence of imprisonment 298.Savings 299.Statements of accused not to be used 300.Non-application of Chapter

XXIV

301.Definitions 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

XXV

307.Language of Courts 308.Evidence to be taken in presence of accused

309.Record in summonscases 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 advocate 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 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

XXVI

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 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

XVII

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

XXVII — PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

367.Procedure in case of accused being person of unsound mind 368.Procedure in case of person of unsound mind tried before Court 369.Release of person of unsound mind 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 unsoundness of mind 374.Person acquitted on ground of unsoundness of mind to be detained in safe custody 375.Power of State Government to empower officer in charge to discharge 376.Procedure where prisoner of unsound mind is reported capable of making his defence 377.Procedure where person of unsound mind detained is declared fit to be released 378.Delivery of person of unsound mind to care of relative or friend

XXVIII — PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

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 Sub-Registrar 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

XXIX — THE JUDGMENT

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 non-cognizable 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 accused and other persons 405.Judgment when to be translated 406.Court of Session to send copy of finding and sentence to District Magistrate

XXX

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

XXXI

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 behavior 415.Appeals from convictions 416.No appeal in certain cases when accused pleads guilty 417.No appeal in petty cases 418.Appeal by State Government against sentence 419.Appeal in case of acquittal 420.Appeal 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 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 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

XXXII — REFERENCE AND REVISION

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

XXXIII

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 Sessions Judges 450.Withdrawal of cases by Judicial Magistrates 451.Making over or withdrawal of cases by Executive Magistrates 452.Reasons to be recorded

XXXIV

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 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 accused to be set off against 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

XXXV — PROVISIONS AS TO BAIL AND BONDS

478.In what cases bail to be taken 479.Maximum period for which 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 or death of surety or when a bond is forfeited 494.Bond required from child 495.Appeal from orders under section 491 496.Power to direct levy of amount due on certain recognizances

XXXVI — DISPOSAL OF PROPERTY

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 498 or section 499 501.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

XXXVII — IRREGULAR PROCEEDINGS

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

XXXVIII

513.Definitions 514.Bar to taking cognizance after lapse of period of limitation 515.Commencement of 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

XXXIX

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

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