Bharat? | 5 |
Preface | 7 |
Acknowledgment | 8 |
Remarkable Changes under BNSS (Chapter wise) | 1 |
Rationale of Criminal Justice System | 13 |
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1. Short title, extent and commencement | 27 |
2. Definitions | 28 |
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3. Construction of references | 44 |
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws | 45 |
5. Saving | 45 |
6. Classes of Criminal Courts | 47 |
7. Territorial divisions | 49 |
8. Court of Session | 50 |
9. Courts of Judicial Magistrates | 52 |
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | 52 |
11. Special Judicial Magistrates | 53 |
12. Local Jurisdiction of Judicial Magistrates | 54 |
13. Subordination of Judicial Magistrates | 54 |
14. Executive Magistrates | 55 |
15. Special Executive Magistrates | 57 |
16. Local Jurisdiction of Executive Magistrates | 57 |
17. Subordination of Executive Magistrates | 57 |
18. Public Prosecutors | 58 |
19. Assistant Public Prosecutors | 63 |
20. Directorate of Prosecution | 64 |
21. Courts by Which offences are triable | 69 |
22. Sentences which High Courts and Sessions Judges may pass | 71 |
23. Sentences which Magistrates may pass | 71 |
24. Sentence of Imprisonment in default of fine | 74 |
25. Sentence in cases of conviction of several offences at one trial | 75 |
26. Mode of conferring powers | 77 |
27. Powers of officers appointed | 77 |
28. Withdrawal of powers | 77 |
29. Powers of Judges and Magistrates exercisable by their successors-in office | 78 |
30. Powers of superior officers of police | 79 |
31. Public when to assist Magistrates and police | 80 |
32. Aid to person, other than police officer, executing warrant | 80 |
33. Public to give information of certain offences | 81 |
34. Duty of officers employed in connection with affairs of a village to make certain report | 83 |
35. When police may arrest without warrant | 85 |
36. Procedure of arrest and duties of officer making arrest | 95 |
37. Designated Police Officer | 99 |
38. Right of arrested person to meet an advocate of his choice during interrogation | 100 |
39. Arrest on refusal to give name and residence | 101 |
40. Arrest by private person and procedure on such arrest | 102 |
41. Arrest by Magistrate | 102 |
42. Protection of members of Armed Forces from arrest | 103 |
43. Arrest how made | 104 |
44. Search of place entered by person sought to be arrested | 109 |
45. Pursuit of offenders into other jurisdictions | 110 |
46. No unnecessary restraint | 110 |
47. Person arrested to be informed of grounds of arrest and of right to bail | 111 |
48. Obligation of person making arrest to inform about arrest, etc., to relative or friend | 111 |
49. Search of arrested person | 112 |
50. Power to seize offensive weapons | 113 |
51. Examination of accused by medical practitioner at request of police officer | 114 |
52. Examination of person accused of rape by medical practitioner | 116 |
53. Examination of arrested person by medical officer | 118 |
54. Identification of person arrested | 119 |
55. Procedure when police officer deputes subordinate to arrest without warrant | 120 |
56. Health and safety of arrested person | 121 |
57. Person arrested to be taken before Magistrate or officer in charge of police station | 121 |
58. Person arrested not to be detained more than twenty-four hours | 121 |
59. Police to report apprehensions | 122 |
60. Discharge of person apprehended | 122 |
61. Power, on escape, to pursue and retake | 123 |
62. Arrest to be made strictly according to Sanhita | 123 |
63. Form of summons | 131 |
64. Summons how served | 131 |
65. Service of summons on corporate bodies, firms, and societies | 133 |
66. Service when persons summoned cannot be found | 133 |
67. Procedure when service cannot be effected as before provided | 134 |
68. Service on Government servant | 135 |
69. Service of summons outside local limits | 135 |
70. Proof of service in such cases and when serving officer not present | 136 |
71. Service of summons on witness | 136 |
72. Form of warrant of arrest and duration | 138 |
73. Power to direct security to be taken | 144 |
74. Warrants to whom directed | 145 |
75. Warrant may be directed to any person | 145 |
76. Warrant directed to police officer | 146 |
77. Notification of substance of warrant | 146 |
78. Person arrested to be brought before Court without delay | 146 |
79. Where warrant may be executed | 147 |
80. Warrant forwarded for execution outside jurisdiction | 147 |
81. Warrant directed to police officer for execution outside jurisdiction | 148 |
82. Procedure on arrest of person against whom warrant issued | 151 |
83. Procedure by Magistrate before whom such person arrested is brought | 151 |
84. Proclamation for person absconding | 152 |
85. Attachment of property of person absconding | 155 |
86. Identification and attachment of property of proclaimed person | 157 |
87. Claims and objections to attachment | 158 |
88. Release, sale and restoration of attached property | 159 |
89. Appeal from order rejecting application for restoration of attached property | 160 |
90. Issue of warrant in lieu of, or in addition to, summons | 161 |
91. Power to take bond or bail bond for appearance | 162 |
92. Arrest on breach of bond or bail bond for appearance | 163 |
93. Provisions of this Chapter generally applicable to summons and warrants of arrest | 164 |
94. Summons to produce document or other thing | 166 |
95. Procedure as to letters | 170 |
96. When search-warrant may be issued | 171 |
97. Search of place suspected to contain stolen property, forged documents, etc. | 175 |
98. Power to declare certain publications forfeited and to issue search-warrants for same | 177 |
99. Application to High Court to set aside declaration of forfeiture | 180 |
100. Search for persons wrongfully confined | 182 |
101. Power to compel restoration of abducted females | 183 |
102. Direction, etc., of search-warrants | 184 |
103. Persons in charge of closed place to allow search | 184 |
104. Disposal of things found in search beyond jurisdiction | 187 |
105. Recording of search and seizure through audio-video electronic means | 188 |
106. Power of police officer to seize certain property | 188 |
107. Attachment, forfeiture or restoration of property | 191 |
108. Magistrate may direct search in his presence | 193 |
109. Power to impound document, etc., produced | 194 |
110. Reciprocal arrangements regarding processes | 194 |
111. Definitions | 199 |
112. Letter of request to competent authority for investigation in a country or place outside India | 201 |
113. Letter of request from a country or place outside India to a Court or an authority for investigation in India | 202 |
114. Assistance in securing transfer of persons | 204 |
115. Assistance in relation to orders of attachment or forfeiture of property | 204 |
116. Identifying unlawfully acquired property | 205 |
117. Seizure or attachment of property | 205 |
118. Management of properties seized or forfeited under this Chapter | 205 |
119. Notice of forfeiture of property | 206 |
120. Forfeiture of property in certain cases | 206 |
121. Fine in lieu of forfeiture | 207 |
122. Certain transfers to be null and void | 207 |
123. Procedure in respect of letter of request | 207 |
124. Application of this Chapter | 207 |
125. Security for keeping peace on conviction | 210 |
126. Security for keeping peace in other cases | 212 |
127. Security for good behaviour from persons disseminating certain matters | 214 |
128. Security for good behaviour from suspected persons | 216 |
129. Security for good behaviour from habitual offenders | 217 |
130. Order to be made | 220 |
131. Procedure in respect of person present in Court | 221 |
132. Summons or warrant in case of person not so present | 221 |
133. Copy of order to accompany summons or warrant | 222 |
134. Power to dispense with personal attendance | 222 |
135. Inquiry as to truth of information | 223 |
136. Order to give security | 225 |
137. Discharge of person informed against | 226 |
138. Commencement of period for which security is required | 227 |
139. Contents of bond | 227 |
140. Power to reject sureties | 228 |
141. Imprisonment in default of security | 229 |
142. Power to release persons imprisoned for failing to give security | 231 |
143. Security for unexpired period of bond | 233 |
144. Order for maintenance of wives, children and parents | 234 |
145. Procedure | 245 |
146. Alteration in allowance | 247 |
147. Enforcement of order of maintenance | 250 |
148. Dispersal of assembly by use of civil force | 259 |
149. Use of armed forces to disperse assembly | 260 |
150. Power of certain armed force officers to disperse assembly | 261 |
151. Protection against prosecution for acts done under sections 148, 149 and 150 | 262 |
152. Conditional order for removal of nuisance | 264 |
153. Service or notification of order | 269 |
154. Person to whom order is addressed to obey or show cause | 269 |
155. Penalty for failure to comply with section 154 | 270 |
156. Procedure where existence of public right is denied | 270 |
157. Procedure where person against whom order is made under section 152 appears to show cause | 271 |
158. Power of Magistrate to direct local investigation and examination of an expert | 272 |
159. Power of Magistrate to furnish written instructions, etc. | 272 |
160. Procedure on order being made absolute and consequences of disobedience | 273 |
161. Injunction pending inquiry | 273 |
162. Magistrate may prohibit repetition or continuance of public nuisance | 274 |
163. Power to issue order in urgent cases of nuisance or apprehended danger | 275 |
164. Procedure where dispute concerning land or water is likely to cause breach of peace | 280 |
165. Power to attach subject of dispute and to appoint receiver | 285 |
166. Dispute concerning right of use of land or water | 288 |
167. Local inquiry | 290 |
168. Police to prevent cognizable offences | 292 |
169. Information of design to commit cognizable offences | 293 |
170. Arrest to prevent commission of cognizable offences | 293 |
171. Prevention of injury to public property | 294 |
172. Persons bound to conform to lawful directions of police | 295 |
173. Information in cognizable cases | 296 |
174. Information as to non-cognizable cases and investigation of such cases | 319 |
175. Police officer's power to investigate cognizable case | 320 |
176. Procedure for investigation | 326 |
177. Report how submitted | 332 |
178. Power to hold investigation or preliminary inquiry | 332 |
179. Police officer's power to require attendance of witnesses | 333 |
180. Examination of witnesses by police | 335 |
181. Statements to police and use thereof | 339 |
182. No inducement to be offered | 343 |
183. Recording of confessions and statements | 344 |
184. Medical examination of victim of rape | 355 |
185. Search by police officer | 357 |
186. When officer in charge of police station may require another to issue search-warrant | 360 |
187. Procedure when investigation cannot be completed in twenty-four hours | 362 |
188. Report of investigation by subordinate police officer | 373 |
189. Release of accused when evidence deficient | 374 |
190. Cases to be sent to Magistrate, when evidence is sufficient | 374 |
191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint | 376 |
192. Diary of proceedings in investigation | 377 |
193. Report of police officer on completion of investigation | 380 |
194. Police to enquire and report on suicide, etc. | 390 |
195. Power to summon persons | 393 |
196. Inquiry by Magistrate into cause of death | 394 |
197. Ordinary place of inquiry and trial | 401 |
198. Place of inquiry or trial | 402 |
199. Offence triable where act is done or consequence ensues | 403 |
200. Place of trial where act is an offence by reason of relation to other offence | 403 |
201. Place of trial in case of certain offences | 404 |
202. Offences committed by means of electronic communications, letters, etc. | 405 |
203. Offence committed on journey or voyage | 406 |
204. Place of trial for offences triable together | 407 |
205. Power to order cases to be tried in different sessions divisions | 407 |
206. High Court to decide, in case of doubt, district where inquiry or trial shall take place | 408 |
207. Power to issue summons or warrant for offence committed beyond local jurisdiction | 409 |
208. Offence committed outside India | 409 |
209. Receipt of evidence relating to offences committed outside India | 411 |
210. Cognizance of offences by Magistrate | 413 |
211. Transfer on application of accused | 420 |
212. Making over of cases to Magistrates | 421 |
213. Cognizance of offences by Court of Session | 423 |
214. Additional Sessions Judges to try cases made over to them | 425 |
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence | 427 |
216. Procedure for witnesses in case of threatening, etc. | 431 |
217. Prosecution for offences against State and for criminal conspiracy to commit such offence | 431 |
218. Prosecution of Judges and public servants | 433 |
219. Prosecution for offences against marriage | 438 |
220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 | 440 |
221. Cognizance of offence | 440 |
222. Prosecution for defamation | 441 |
223. Examination of complainant | 445 |
224. Procedure by Magistrate not competent to take cognizance of case | 451 |
225. Postponement of issue of process | 451 |
226. Dismissal of complaint | 456 |
227. Issue of process | 459 |
228. Magistrate may dispense with personal attendance of accused | 463 |
229. Special summons in cases of petty offence | 464 |
230. Supply to accused of copy of police report and other documents | 466 |
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session | 469 |
232. Commitment of case to Court of Session when offence is triable exclusively by it | 471 |
233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence | 475 |