Logo
Court Book - India Code App - Play Store

The Bharatiya Nagarik Suraksha Sanhita, 2023

BNSScentral

The Bharatiya Nagarik Suraksha Sanhita (Bnss) 2023 Replaces India's Code Of Criminal Procedure, 1973 (Crpc), Streamlining Criminal Procedures With Modern Reforms. This Act Covers Arrest Processes, Powers Of Criminal Courts, Investigation Protocols, Bail And Bonds, Maintenance Orders, And Provisions For Trials, Appeals, And Evidence Handling. It Introduces Digital Evidence Use, Forensic Investigation Mandates, And Strengthens Accused Rights While Improving Justice System Efficiency.

Act Number
46
Enactment
2023-12-25
Ministry
Ministry Of Home Affairs

PRELIMINARY

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

POWER OFCOURTS

POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

ARREST OF PERSONS

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

A.—Summons

B.—Warrant of arrest

C.—Proclamation and attachment

D.—Other rules regarding processes

A.—Summons to produce

B.—Search-warrants

C.—General provisions relating to searches

D.—Miscellaneous

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

A.—Unlawful assemblies

B.—Public nuisances

C.—Urgent cases of nuisance or apprehended danger

D.—Disputes as to immovable property

PREVENTIVE ACTION OF THE POLICE

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

COMPLAINTS TO MAGISTRATES

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

A.—Form of charges

B.—Joinder of charges

TRIAL BEFORE A COURT OF SESSION

A.—Cases instituted on a police report

B.—Cases instituted otherwise than on police report

C.—Conclusion of trial

TRIAL OF SUMMONS-CASES BY MAGISTRATES

SUMMARY TRIALS

PLEA BARGAINING

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

A.—Mode of taking and recording evidence

B.—Commissions for the examination of witnesses

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

THE JUDGMENT

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

APPEALS

REFERENCE AND REVISION

TRANSFER OF CRIMINAL CASES

A.—Death sentences

B.—Imprisonment

C.—Levy of fine

D.—General provisions regarding execution

E.—Suspension, remission and commutation of sentences

PROVISIONS AS TO BAIL AND BONDS

DISPOSAL OF PROPERTY

IRREGULAR PROCEEDINGS

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

MISCELLANEOUS