Union of India - Act
Bharatiya Nagarik Suraksha Sanhita, 2023
UNION OF INDIA
India
India
Bharatiya Nagarik Suraksha Sanhita, 2023
Act 46 of 2023
- Published in Gazette of India on 27 December 2023
- Commenced on 1 July 2024
- [This is the version of this document from 27 December 2023.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
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.
Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.[Similar to Section 5 from Old CrPC-Also Refer]Chapter II
Constitution Of Criminal Courts And Offices
6. Classes of Criminal Courts.
Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:-(i) Courts of Session;(ii) Judicial Magistrates of the first class;(iii) Judicial Magistrates of the second class; and(iv) Executive Magistrates.[Similar to Section 6 from Old CrPC-Also Refer]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.
Chapter III
Power of Courts
21. Courts by which offences are triable.
Subject to the other provisions of this Sanhita,-(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by-(i) the High Court; or(ii) the Court of Session; or(iii) any other Court by which such offence is shown in the First Schedule to be triable:Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman;(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by-(i) the High Court; or(ii) any other Court by which such offence is shown in the First Schedule to be triable.[Similar to Section 26 from Old CrPC-Also Refer]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.
Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.[Similar to Section 33 from Old CrPC-Also Refer]28. Withdrawal of powers.
29. Powers of Judges and Magistrates exercisable by their successors in office.
Chapter IV
Powers of Superior Officers of Police and Aid to the Magistrates and the Police
30. Powers of superior officers of police.
Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.[Similar to Section 36 from Old CrPC-Also Refer]31. Public when to assist Magistrates and police.
Every person is bound to assist a Magistrate or police officer reasonably demanding his aid-(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or(b) in the prevention or suppression of a breach of the peace; or(c) in the prevention of any injury attempted to be committed to any public property.[Similar to Section 37 from Old CrPC-Also Refer]32. Aid to person, other than police officer, executing warrant.
When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.[Similar to Section 38 from Old CrPC-Also Refer]33. Public to give information of certain offences.
34. Duty of officers employed in connection with affairs of a village to make certain report.
Chapter V
Arrest of Persons
35. When police may arrest without warrant.
36. Procedure of arrest and duties of officer making arrest.
Every police officer while making an arrest shall-(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;(b) prepare a memorandum of arrest which shall be-(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;(ii) countersigned by the person arrested; and(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.[Similar to Section 41B from Old CrPC-Also Refer]37. Designated police officer.
38. Right of arrested person to meet an advocate of his choice during interrogation.
When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.[Similar to Section 41D from Old CrPC-Also Refer]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.
A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.[Similar to Section 48 from Old CrPC-Also Refer]46. No unnecessary restraint.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.[Similar to Section 49 from Old CrPC-Also Refer]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.
The police officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested.[Similar to Section 52 from Old CrPC-Also Refer]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.
Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit:Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means.[Similar to Section 54A from Old CrPC-Also Refer]55. Procedure when police officer deputes subordinate to arrest without warrant.
56. Health and safety of arrested person.
It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.[Similar to Section 55A from Old CrPC-Also Refer]57. Person arrested to be taken before Magistrate or officer in charge of police station.
A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.[Similar to Section 56 from Old CrPC-Also Refer]58. Person arrested not to be detained more than twenty-four hours.
No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not.[Similar to Section 57 from Old CrPC-Also Refer]59. Police to report apprehensions.
Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.[Similar to Section 58 from Old CrPC-Also Refer]60. Discharge of person apprehended.
No person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the special order of a Magistrate.[Similar to Section 59 from Old CrPC-Also Refer]61. Power, on escape, to pursue and retake.
62. Arrest to be made strictly according to Sanhita.
No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.[Similar to Section 60A from Old CrPC-Also Refer]Chapter VI
Processes To Compel Appearance
Part A – Summons
63. Form of summons.
Every summons issued by a Court under this Sanhita shall be,-(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or(ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.[Similar to Section 61 from Old CrPC-Also Refer]64. Summons how served.
65. Service of summons on corporate bodies, firms, and societies.
66. Service when persons summoned cannot be found.
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.Explanation. - A servant is not a member of the family within the meaning of this section.[Similar to Section 64 from Old CrPC-Also Refer]67. Procedure when service cannot be effected as before provided.
If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.[Similar to Section 65 from Old CrPC-Also Refer]68. Service on Government servant.
69. Service of summons outside local limits.
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.[Similar to Section 67 from Old CrPC-Also Refer]70. Proof of service in such cases and when serving officer not present.
71. Service of summons on witness.
Part B – Warrant of arrest
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.
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.[Similar to Section 74 from Old CrPC-Also Refer]77. Notification of substance of warrant.
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.[Similar to Section 75 from Old CRPC-Also Refer]78. Person arrested to be brought before Court without delay.
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person:Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.[Similar to Section 76 from Old CrPC-Also Refer]79. Where warrant may be executed.
A warrant of arrest may be executed at any place in India.[Similar to Section 77 from Old CrPC-Also Refer]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.
Part C – Proclamation and attachment
84. Proclamation for person absconding.
85. Attachment of property of person absconding.
86. Identification and attachment of property of proclaimed person.
The Court may, on the written request from a police officer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.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.
Any person referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.[Similar to Section 86 from Old CrPC-Also Refer]Part D – Other rules regarding processes
90. Issue of warrant in lieu of, or in addition to, summons.
A Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest-(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.[Similar to Section 87 from Old CrPC-Also Refer]91. Power to take bond or bail bond for appearance.
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.[Similar to Section 88 from Old CrPC-Also Refer]92. Arrest on breach of bond or bail bond for appearance.
When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.[Similar to Section 89 from Old CrPC-Also Refer]93. Provisions of this Chapter generally applicable to summons and warrants of arrest.
The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita.[Similar to Section 90 from Old CrPC-Also Refer]Chapter VII
Processes to Compel the Production of Things
Part A – Summons to produce
94. Summons to produce document or other thing.
95. Procedure as to letters.
Part B – Search-warrants
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.
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.[Similar to Section 97 from Old CrPC-Also Refer]101. Power to compel restoration of abducted females.
Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.[Similar to Section 98 from Old CrPC-Also Refer]Part C – General provisions relating to searches
102. Direction, etc., of search warrants.
The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.[Similar to Section 99 from Old CrPC-Also Refer]103. Persons in charge of closed place to allow search.
104. Disposal of things found in search beyond jurisdiction.
When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.[Similar to Section 101 from Old CrPC-Also Refer]Part D – Miscellaneous
105. Recording of search and seizure through audio-video electronic means.
The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.106. Power of police officer to seize certain property.
107. Attachment, forfeiture or restoration of property.
108. Magistrate may direct search in his presence.
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.[Similar to Section 103 from Old CrPC-Also Refer]109. Power to impound document, etc., produced.
Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.[Similar to Section 104 from Old CrPC-Also Refer]110. Reciprocal arrangements regarding processes.
Chapter VIII
Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property
111. Definitions. In this Chapter, unless the context otherwise requires,-
(a) "contracting State" means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;(b) "identifying" includes establishment of a proof that the property was derived from, or used in, the commission of an offence;(c) "proceeds of crime" means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property;(d) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime;(e) "tracing" means determining the nature, source, disposition, movement, title or ownership of property.[Similar to Section 105A from Old CrPC-Also Refer]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.
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture.
122. Certain transfers to be null and void.
Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void.[Similar to Section 105J from Old CrPC-Also Refer]123. Procedure in respect of letter of request.
124. Application of this Chapter.
The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.[Similar to Section 105L from Old CrPC-Also Refer]Chapter IX
Security for Keeping the Peace and for Good Behaviour
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.
When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.[Similar to Section 109 from Old CrPC-Also Refer]129. Security for good behaviour from habitual offenders.
When an Executive Magistrate receives information that there is within his local jurisdiction a person who-(a) is by habit a robber, house-breaker, thief, or forger; or(b) is by habit a receiver of stolen property knowing the same to have been stolen; or(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or(f) habitually commits, or attempts to commit, or abets the commission of-(i) any offence under one or more of the following Acts, namely:-(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);(b) the Foreigners Act, 1946 (31 of 1946);(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952);(d) the Essential Commodities Act, 1955 (10 of 1955);(e) the Protection of Civil Rights Act, 1955 (22 of 1955);(f) the Customs Act, 1962 (52 of 1962);(g) the Food Safety and Standards Act, 2006 (34 of 2006); or(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; org) is so desperate and dangerous as to render his being at large without security hazardous to the community,such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.[Similar to Section 110 from Old CrPC-Also Refer]130. Order to be made.
When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.[Similar to Section 111 from Old CrPC-Also Refer]131. Procedure in respect of person present in Court.
If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.[Similar to Section 112 from Old CrPC-Also Refer]132. Summons or warrant in case of person not so present.
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court:Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.[Similar to Section 113 from Old CrPC-Also Refer]133. Copy of order to accompany summons or warrant.
Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.[Similar to Section 114 from Old CrPC-Also Refer]134. Power to dispense with personal attendance.
The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate.[Similar to Section 115 from Old CrPC-Also Refer]135. Inquiry as to truth of information.
136. Order to give security.
If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly:Provided that-(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130;(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;(c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.[Similar to Section 117 from Old CrPC-Also Refer]137. Discharge of person informed against.
If, on an inquiry under section 135, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.[Similar to Section 118 from Old CrPC-Also Refer]138. Commencement of period for which security is required.
139. Contents of bond.
The bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond.[Similar to Section 120 from Old CrPC-Also Refer]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.
Chapter X
Order for Maintenance of Wives, Children and Parents
144. Order for maintenance of wives, children and parents.
145. Procedure.
146. Alteration in allowance.
147. Enforcement of order of maintenance.
A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.[Similar to Section 128 from Old CrPC-Also Refer]Chapter XI
Maintenance of Public Order and Tranquillity
Part A – Unlawful assemblies
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.
When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.[Similar to Section 131 from Old CrPC-Also Refer]151. Protection against prosecution for acts done under sections 148, 149 and 150.
Part B – Public nuisances
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. The person against whom such order is made shall-
(a) perform, within the time and in the manner specified in the order, the act directed thereby; or(b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing.[Similar to Section 135 from Old CrPC-Also Refer]155. Penalty for failure to comply with section 154.
If the person against whom an order is made under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.[Similar to Section 136 from Old CrPC-Also Refer]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.
The Magistrate may, for the purposes of an inquiry under section 156 or section 157-(a) direct a local investigation to be made by such person as he thinks fit; or(b) summon and examine an expert.[Similar to Section 139 from Old CrPC-Also Refer]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.
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law.[Similar to Section 143 from Old CrPC-Also Refer]Part C – Urgent cases of nuisance or apprehended danger
163. Power to issue order in urgent cases of nuisance or apprehended danger.
Part D – Disputes as to immovable property
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.
Chapter XII
Preventive Action of The Police
168. Police to prevent cognizable offences.
Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.[Similar to Section 149 from Old CrPC-Also Refer]169. Information of design to commit cognizable offences.
Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.[Similar to Section 150 from Old CrPC-Also Refer]170. Arrest to prevent commission of cognizable offences.
171. Prevention of injury to public property.
A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.[Similar to Section 152 from Old CrPC-Also Refer]172. Persons bound to conform to lawful directions of police.
Chapter 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.
The Magistrate, on receiving a report under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita.[Similar to Section 159 from Old CrPC-Also Refer]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.
When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.[Similar to Section 168 from Old CrPC-Also Refer]189. Release of accused when evidence deficient.
If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.[Similar to Section 169 from Old CrPC-Also Refer]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.
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.[Similar to Section 171 from Old CrPC-Also Refer]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.
Chapter XIV
Jurisdiction of The Criminal Courts in Inquiries and Trials
197. Ordinary place of inquiry and trial.
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.[Similar to Section 177 from Old CrPC-Also Refer]198. Place of inquiry or trial.
(a) When it is uncertain in which of several local areas an offence was committed; or(b) where an offence is committed partly in one local area and partly in another; or(c) where an offence is a continuing one, and continues to be committed in more local areas than one; or(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.[Similar to Section 178 from Old CrPC-Also Refer]199. Offence triable where act is done or consequence ensues.
When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.[Similar to Section 179 from Old CrPC-Also Refer]200. Place of trial where act is an offence by reason of relation to other offence.
When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.[Similar to Section 180 from Old CrPC-Also Refer]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.
When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.[Similar to Section 183 from Old CrPC-Also Refer]204. Place of trial for offences triable together.
Where-(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or(b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.[Similar to Section 184 from Old CrPC-Also Refer]205. Power to order cases to be tried in different sessions divisions.
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division:Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force.[Similar to Section 185 from Old CrPC-Also Refer]206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided-(a) if the Courts are subordinate to the same High Court, by that High Court;(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.[Similar to Section 186 from Old CrPC-Also Refer]207. Power to issue summons or warrant for offence committed beyond local jurisdiction.
208. Offence committed outside India.
When an offence is committed outside India-(a) by a citizen of India, whether on the high seas or elsewhere; or(b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India:Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.[Similar to Section 188 from Old CrPC-Also Refer]209. Receipt of Evidence relating to offences committed outside India.
When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.[Similar to Section 189 from Old CrPC-Also Refer]Chapter XV
Conditions Requisite for Initiation of Proceedings
210. Cognizance of offences by Magistrate.
211. Transfer on application of accused.
When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.[Similar to Section 191 from Old CrPC-Also Refer]212. Making over of cases to Magistrates.
213. Cognizance of offences by Court of Session.
Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita.[Similar to Section 193 from Old CrPC-Also Refer]214. Additional Sessions Judges to try cases made over to them.
An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.[Similar to Section 194 from Old CrPC-Also Refer]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.
A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.[Similar to Section 195A from Old CrPC-Also Refer]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.
No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.[Similar to Section 198A from Old CrPC-Also Refer]221. Cognizance of offence.
No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.[Similar to Section 198B from Old CrPC-Also Refer]222. Prosecution for defamation.
Chapter XVI
Complaints to Magistrates
223. Examination of complainant.
224. Procedure by Magistrate not competent to take cognizance of case.
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,-(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;(b) if the complaint is not in writing, direct the complainant to the proper Court.[Similar to Section 201 from Old CrPC-Also Refer]225. Postponement of issue of process.
226. Dismissal of complaint.
If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. Chapter XVII Commencement of Proceedings before Magistrates.[Similar to Section 203 from Old CrPC-Also Refer]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.
In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:-(i) the police report;(ii) the first information report recorded under section 173;(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193;(iv) the confessions and statements, if any, recorded under section 183;(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193:Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court:Provided also that supply of documents in electronic form shall be considered as duly furnished.[Similar to Section 207 from Old CrPC-Also Refer]231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:-(i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate;(ii) the statements and confessions, if any, recorded under section 180 or section 183;(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court:Provided further that supply of documents in electronic form shall be considered as duly furnished.[Similar to Section 208 from Old CrPC-Also Refer]232. Commitment of case to Court of Session when offence is triable exclusively by it.
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall-(a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made;(b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial;(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;(d) notify the Public Prosecutor of the commitment of the case to the Court of Session:Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing:Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.[Similar to Section 209 from Old CrPC-Also Refer]233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence.
Chapter XVIII
The Charge
Part A.-Form of charges
234. Contents of charge.
235. Particulars as to time, place and person.
236. When manner of committing offence must be stated.
When the nature of the case is such that the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.Illustrations.(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.[Similar to Section 213 from Old CrPC-Also Refer]237. Words in charge taken in sense of law under which offence is punishable.
In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.[Similar to Section 214 from Old CrPC-Also Refer]238. Effect of errors.
No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.Illustrations.(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with "having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material.(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.[Similar to Section 215 from Old CrPC-Also Refer]239. Court may alter charge.
240. Recall of Witnesses when charge altered.
Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed-(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;(b) also to call any further witness whom the Court may think to be material.[Similar to Section 217 from Old CrPC-Also Refer]Part B – Joinder of charges
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.
The following persons may be charged and tried together, namely:-(a) persons accused of the same offence committed in the course of the same transaction;(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;(c) persons accused of more than one offence of the same kind, within the meaning of section 242 committed by them jointly within the period of twelve months;(d) persons accused of different offences committed in the course of the same transaction;(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;(f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence;(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.[Similar to Section 223 from Old CrPC-Also Refer]247. Withdrawal of remaining charges on conviction on one of several charges.
When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.[Similar to Section 224 from Old CrPC-Also Refer]Chapter XIX
Trial Before a Court of Session
248. Trial to be conducted by Public Prosecutor.
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.[Similar to Section 225 from Old CrPC-Also Refer]249. Opening case for prosecution.
When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.[Similar to Section 226 from Old CrPC-Also Refer]250. Discharge.
251. Framing of charge.
252. Conviction on plea of guilty.
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.[Similar to Section 229 from Old CrPC-Also Refer]253. Date for Prosecution evidence.
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.[Similar to Section 230 from Old CrPC-Also Refer]254. Evidence for prosecution.
255. Acquittal.
If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.[Similar to Section 232 from Old CrPC-Also Refer]256. Entering upon defence.
257. Arguments.
When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.[Similar to Section 234 from Old CrPC-Also Refer]258. Judgment of acquittal or conviction.
259. Previous conviction.
In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258.[Similar to Section 236 from Old CrPC-Also Refer]260. Procedure in cases instituted under sub-section (2) of section 222.
Chapter XX
Trial of Warrant-Cases by Magistrates
Part A – Cases instituted on a police report
261. Compliance with section 230.
When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230.[Similar to Section 238 from Old CrPC-Also Refer]262. When accused shall be discharged.
263. Framing of charge.
264. Conviction on plea of guilty.
If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.[Similar to Section 241 from Old CrPC-Also Refer]265. Evidence for prosecution.
266. Evidence for defence.
Part B – Cases instituted otherwise than on police report
267. Evidence for prosecution.
268. When accused shall be discharged.
269. Procedure where accused is not discharged.
270. Evidence for defence.
The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case.[Similar to Section 247 from Old CrPC-Also Refer]Part C.- Conclusion of trial
271. Acquittal or conviction.
272. Absence of complainant.
When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days' time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.[Similar to Section 249 from Old CrPC-Also Refer]273. Compensation for accusation without reasonable cause.
Chapter XXI
Trial of Summons-Cases by Magistrates
274. Substance of accusation to be stated.
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge:Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.[Similar to Section 251 from Old CrPC-Also Refer]275. Conviction on plea of guilty.
If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.[Similar to Section 252 from Old CrPC-Also Refer]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.
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.[Similar to Section 257 from Old CrPC-Also Refer]281. Power to stop proceedings in certain cases.
In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.[Similar to Section 258 from Old CrPC-Also Refer]282. Power of Court to convert summonscases into warrant-cases.
When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined.[Similar to Section 259 from Old CrPC-Also Refer]Chapter XXII
Summary Trials
283. Power to try summarily.
284. Summary trial by Magistrate of second class.
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.[Similar to Section 261 from Old CrPC-Also Refer]285. Procedure for Summary trials.
286. Record in Summary trials.
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:-(a) the serial number of the case;(b) the date of the commission of the offence;(c) the date of the report or complaint;(d) the name of the complainant (if any);(e) the name, parentage and residence of the accused;(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed;(g) the plea of the accused and his examination (if any);(h) the finding;(i) the sentence or other final order;(j) the date on which proceedings terminated.[Similar to Section 263 from Old CrPC-Also Refer]287. Judgment in cases tried summarily.
In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.[Similar to Section 264 from Old CrPC-Also Refer]288. Language of record and judgment.
Chapter XXIII
Plea Bargaining
289. Application of Chapter.
290. Application for plea bargaining.
291. Guidelines for Mutually satisfactory disposition.
In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:-(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case;(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case.[Similar to Section 265C from Old CrPC-Also Refer]292. Report of Mutually satisfactory disposition to be submitted before Court.
Where in a meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-section (1) of section 290 has been filed in such case.[Similar to Section 265D from Old CrPC-Also Refer]293. Disposal of case.
Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:-(a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law;(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment;(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence.[Similar to Section 265E from Old CrPC-Also Refer]294. Judgment of Court.
The Court shall deliver its judgment in terms of section 293 in the open Court and the same shall be signed by the presiding officer of the Court.[Similar to Section 265F from Old CrPC-Also Refer]295. Finality of judgment.
The judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.[Similar to Section 265G from Old CrPC-Also Refer]296. Power of Court in plea bargaining.
A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita.[Similar to Section 265H from Old CrPC-Also Refer]297. Period of Detention undergone by accused to be set off against sentence of imprisonment.
The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita.[Similar to Section 265I from Old CrPC-Also Refer]298. Savings.
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.Explanation.-For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19.[Similar to Section 265J from Old CrPC-Also Refer]299. Statements of accused not to be used.
Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter.[Similar to Section 265K from Old CrPC-Also Refer]300. Non-application of Chapter.
Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.[Similar to Section 265L from Old CrPC-Also Refer]Chapter XXIV
Attendance of Persons Confined or Detained in Prisons
301. Definitions.
In this Chapter,-(a) "detained" includes detained under any law providing for preventive detention;(b) "prison" includes,-(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;(ii) any reformatory, Borstal institution or other institution of a like nature.[Similar to Section 266 from Old CrPC-Also Refer]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.
Where the person in respect of whom an order is made under section 302-(a) is by reason of sickness or infirmity unfit to be removed from the prison; or(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or(d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining:Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).[Similar to Section 269 from Old CrPC-Also Refer]305. Prisoner to be brought to Court in custody.
Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.[Similar to Section 270 from Old CrPC-Also Refer]306. Power to issue commission for examination of witness in prison.
The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.[Similar to Section 271 from Old CrPC-Also Refer]Chapter XXV
Evidence in Inquiries and Trials
Part A – Mode of taking and recording evidence
307. Language of Courts.
The State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the State other than the High Court.[Similar to Section 272 from Old CrPC-Also Refer]308. Evidence to be taken in presence of accused.
Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government:Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.Explanation.-In this section, "accused" includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita.[Similar to Section 273 from Old CrPC-Also Refer]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.
In every case where evidence is taken down under section 310 or section 311,-(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record;(c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record:Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation.[Similar to Section 277 from Old CrPC-Also Refer]313. Procedure in regard to such evidence when completed.
314. Interpretation of evidence to accused or his advocate.
315. Remarks Respecting demeanour of witness.
When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.[Similar to Section 280 from Old CrPC-Also Refer]316. Record of Examination of accused.
317. Interpreter to be bound to interpret truthfully.
When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.[Similar to Section 282 from Old CrPC-Also Refer]318. Record in High Court.
Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.[Similar to Section 283 from Old CrPC-Also Refer]Part B – Commissions for the examination of witnesses
319. When attendance of witness may be dispensed with and commission issued.
320. Commission to whom to be issued.
321. Execution of commissions.
Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita.[Similar to Section 286 from Old CrPC-Also Refer]322. Parties may examine witnesses.
323. Return of commission.
324. Adjournment of proceeding.
In every case in which a commission is issued under section 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.[Similar to Section 289 from Old CrPC-Also Refer]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.
When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.[Similar to Section 295 from Old CrPC-Also Refer]332. Evidence of formal character on affidavit.
333. Authorities before whom affidavits may be sworn.
334. Previous conviction or acquittal how proved.
In any inquiry, trial or other proceeding under this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,-(a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.[Similar to Section 298 from Old CrPC-Also Refer]335. Record of evidence in absence of accused.
336. Evidence of public servants, experts, police officers in certain cases.
Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and-(i) such public servant, expert or officer is either transferred, retired, or died; or(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report:Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings:Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means.Chapter XXVI General Provisions as to Inquiries and Trials
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.
Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita, may of right be defended by an advocate of his choice.[Similar to Section 303 from Old CrPC-Also Refer]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.
At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.[Similar to Section 307 from Old CrPC-Also Refer]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.
Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.[Similar to Section 311 from Old CrPC-Also Refer]349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.
If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample:Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding:Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested.[Similar to Section 311 from Old CrPC-Also Refer]350. Expenses of Complainants and witnesses.
Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita.[Similar to Section 312 from Old CrPC-Also Refer]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.
Except as provided in sections 343 and 344, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.[Similar to Section 316 from Old CrPC-Also Refer]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.
If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.[Similar to Section 318 from Old CrPC-Also Refer]358. Power to Proceed against other persons appearing to be guilty of offence.
359. Compounding of offences.
| Offence | Section of the Bharatiya Nyaya Sanhita, 2023 applicable | Person by whom offence may be compounded |
| 1 | 2 | 3 |
| Enticing or taking away or detaining with criminal intent a married woman. | 84 | The husband of the woman and the woman. |
| Voluntarily causing hurt. | 115(2) | The person to whom the hurt is caused. |
| Voluntarily causing hurt on provocation. is caused | 122(1) | The person to whom the hurt |
| Voluntarily causing grievous hurt on grave and sudden provocation. | 122(2) | The person to whom the hurt is caused. |
| Wrongfully restraining or confining any person. | 126(2), 127(2) | The person restrained or confined. |
| Wrongfully confining a person for three days or more. | 127(3) | The person confined. |
| Wrongfully confining a person for ten days or more. | 127(4) | The person confined. |
| Wrongfully confining a person in secret. | 127(6) | The person confined. |
| Assault or use of criminal force. | 131, 133,136 | The person assaulted or to whom criminal force is used. |
| Uttering words, etc., with deliberate intent to wound the religious feelings of any person. | 302 | The person whose religious feelings are intended to be wounded. |
| Theft. | 303(2) | The owner of the property stolen. |
| Dishonest misappropriation of property. | 314 | The owner of the property misappropriated. |
| Criminal breach of trust by a carrier, wharfinger, etc. | 316(3) | The owner of the property in respect of which the breach of trust has been committed. |
| Dishonestly receiving stolen property knowing it to be stolen. | 317(2) | The owner of the property stolen. |
| Assisting in the concealment or disposal of stolen property, knowing it to be stolen. | 317(5) | The owner of the property stolen. |
| Cheating.. | 318(2) | The person cheated |
| Cheating by personation. | 319(2) | The person cheated. |
| Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. | 320 | The creditors who are affected thereby. |
| Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | 321 | The creditors who are affected thereby. |
| Fraudulent execution of deed of transfer containing false statement of consideration. | 322 | The person affected thereby. |
| Fraudulent removal or concealment of property. | 323 | The person affected thereby. |
| Mischief, when the only loss or damage caused is loss or damage to a private person. | 324(2), 324(4) | The person to whom the loss or damage is caused. |
| Mischief by killing or maiming animal. | 325 | The owner of the animal. |
| Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. | 326(a) | The person to whom the loss or damage is caused. |
| Criminal trespass. | 329(3) | The person in possession of the property trespassed upon. |
| House-trespass. | 329(4) | The person in possession of the property trespassed upon. |
| House-trespass to commit an offence (other than theft) punishable with imprisonment. | 332(c) | The person in possession of the house trespassed upon. |
| Using a false trade or property mark. | 345(3) | The person to whom loss or injury is caused by such use. |
| Counterfeiting a property mark used by another. | 347(1) | The person to whom loss or injury is caused by such use. |
| Selling goods marked with a counterfeit property mark. | 349 | The person to whom loss or injury is caused by such use. |
| Criminal intimidation. | 351(2), 351(3) | The person intimidated |
| Insult intended to provoke a breach of peace. | 352 | The person insulted. |
| Inducing person to believe himself an object of divine displeasure. | 354 | The person induced. |
| Defamation, except such cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, column 1 of the Table under sub-section (2). | 356(2) | The person defamed. |
| Printing or engraving matter, knowing it to be defamatory. | 356(3) | The person defamed. |
| Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter | 356(4) | The person defamed. |
| Criminal breach of contract of service. | 357 | The person with whom the offender has contracted. |
| Offence | Section of the Bharatiya Nyaya Sanhita, applicable | Person by whom offence may be compounded |
| 1 | 2 | 3 |
| Word, gesture or act intended to insult the modesty of a woman. | 79 | The woman whom it was intended to insult or whose privacy was intruded upon. |
| Marrying again during the life-time of a husband or wife. | 82(1) | The husband or wife of the person so marrying. |
| Causing miscarriage. | 88 | The woman to whom miscarriage is caused. |
| Voluntarily causing grievous hurt. | 117(2) | The person to whom hurt is caused. |
| Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(a) | The person to whom hurt is caused. |
| Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(b) | The person to whom hurt is caused. |
| Assault or criminal force in attempting wrongfully to confine a person. | 135 | The person assaulted or to whom the force was used. |
| Theft, by clerk or servant of property in possession of master. | 306 | The owner of the property stolen. |
| Criminal breach of trust. | 316(2) | The owner of the property in respect of which breach of trust has been committed. |
| Criminal breach of trust by a clerk or servant. | 316(4) | The owner of the property in respect of which the breach of trust has been committed. |
| Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. | 318(3) | The person cheated. |
| Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. | 318(4) | The person cheated. |
| Defamation against the President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. | 356(2) | The person defamed. |