Act46
Enacted 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023

In force 531 sections Home Affairs

An Act to consolidate and amend the law relating to Criminal Procedure.

Act 46 of 2023 Enacted 25 Dec 2023 In force 01 Jul 2024 Department Department of Internal Security

Administered by. Ministry of Home Affairs, Department of Internal Security · Other Acts of 2023

Preamble

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

ACT NO. 46 OF 2023

[25th December, 2023.] An Act to consolidate and amend the law relating to Criminal Procedure.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:---

What this Act covers

Summary of Bharatiya Nagarik Suraksha Sanhita, 2023

1. Preliminary

Title, Commencement, and Application: Applies to all persons in India and beyond under specific conditions.

2. Summary Trials

Eligible Offences: Not punishable by death, life imprisonment, or imprisonment over 3 years.

Procedure:

Magistrate's Powers: Try summarily with the accused's opportunity to be heard.

Record and Judgment: In the language of the Court, with substance of evidence and brief reasons.

3. Punishments for Offences

• Cognizable, Non-Bailable, Non-Compoundable:

• Unfair Means in Exams: 3-5 years’ imprisonment, up to ₹10 lakh fine.

• Service Providers: Up to ₹1 crore fine, 4-year ban from exam responsibilities.

• Senior Management Involvement: 3-10 years’ imprisonment, ₹1 crore fine.

4. Other Procedural Aspects

Arrest and Summons Procedures

Powers of Police and Magistrates

Public Responsibilities

Sections

Type to filter. 531 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Construction of references
  4. 4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
  5. 5Saving
  6. 6Classes of Criminal Courts
  7. 7Territorial divisions
  8. 8Court of Session
  9. 9Courts of Judicial Magistrates
  10. 10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
  11. 11Special Judicial Magistrates
  12. 12Local Jurisdiction of Judicial Magistrates
  13. 13Subordination of Judicial Magistrates
  14. 14Executive Magistrates
  15. 15Special Executive Magistrates
  16. 16Local Jurisdiction of Executive
  17. 17Subordination of Executive Magistrates
  18. 18Public Prosecutors
  19. 19Assistant Public Prosecutors
  20. 20Directorate of Prosecution
  21. 21Courts by which offences are triable
  22. 22Sentences which High Courts and Sessions Judges may pass
  23. 23Sentences which Magistrates may pass
  24. 24Sentence of imprisonment in default of fine
  25. 25Sentence in cases of conviction of several offences at one trial
  26. 26Mode of conferring powers
  27. 27Powers of officers appointed
  28. 28Withdrawal of powers
  29. 29Powers of Judges and Magistrates exercisable by their successors-in-office
  30. 30Powers of superior officers of police
  31. 31Public when to assist Magistrates and police
  32. 32Aid to person, other than police officer, executing warrant
  33. 33Public to give information of certain offences
  34. 34Duty of officers employed in connection with affairs of a village to make certain report
  35. 35When police may arrest without warrant
  36. 36Procedure of arrest and duties of officer making arrest
  37. 37Designated police officer
  38. 38Right of arrested person to meet an advocate of his choice during interrogation
  39. 39Arrest on refusal to give name and residence
  40. 40Arrest by private person and procedure on such arrest
  41. 41Arrest by Magistrate
  42. 42Protection of members of Armed Forces from arrest
  43. 43Arrest how made
  44. 44Search of place entered by person sought to be arrested
  45. 45Pursuit of offenders into other jurisdictions
  46. 46No unnecessary restraint
  47. 47Person arrested to be informed of grounds of arrest and of right to bail
  48. 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  49. 49Search of arrested person
  50. 50Power to seize offensive weapons
  51. 51Examination of accused by medical practitioner at request of police officer
  52. 52Examination of person accused of rape by medical practitioner
  53. 53Examination of arrested person by medical officer
  54. 54Identification of person arrested
  55. 55Procedure when police officer deputes subordinate to arrest without warrant
  56. 56Health and safety of arrested person
  57. 57Person arrested to be taken before Magistrate or officer in charge of police station
  58. 58Person arrested not to be detained more than twenty-four hours
  59. 59Police to report apprehensions
  60. 60Discharge of person apprehended
  61. 61Power, on escape, to pursue and retake
  62. 62Arrest to be made strictly according to Sanhita
  63. 63Form of summons
  64. 64Summons how served
  65. 65Service of summons on corporate bodies, firms, and societies
  66. 66Service when persons summoned cannot be found
  67. 67Procedure when service cannot be effected as before provided
  68. 68Service on Government servant
  69. 69Service of summons outside local limits
  70. 70Proof of service in such cases and when serving officer not present
  71. 71Service of summons on witness
  72. 72Form of warrant of arrest and duration
  73. 73Power to direct security to be taken
  74. 74Warrants to whom directed
  75. 75Warrant may be directed to any person
  76. 76Warrant directed to police officer
  77. 77Notification of substance of warrant
  78. 78Person arrested to be brought before Court without delay
  79. 79Where warrant may be executed
  80. 80Warrant forwarded for execution outside jurisdiction
  81. 81Warrant directed to police officer for execution outside jurisdiction
  82. 82Procedure on arrest of person against whom warrant issued
  83. 83Procedure by Magistrate before whom such person arrested is brought
  84. 84Proclamation for person absconding
  85. 85Attachment of property of person absconding
  86. 86Identification and attachment of property of proclaimed person
  87. 87Claims and objections to attachment
  88. 88Release, sale and restoration of attached property
  89. 89Appeal from order rejecting application for restoration of attached property
  90. 90Issue of warrant in lieu of, or in addition to, summons
  91. 91Power to take bond or bail bond for appearance
  92. 92Arrest on breach of bond or bail bond for appearance
  93. 93Provisions of this Chapter generally applicable to summons and warrants of arrest
  94. 94Summons to produce document or other thing
  95. 95Procedure as to letters
  96. 96When search-warrant may be issued
  97. 97Search of place suspected to contain stolen property, forged documents, etc
  98. 98Power to declare certain publications forfeited and to issue search-warrants for same
  99. 99Application to High Court to set aside declaration of forfeiture
  100. 100Search for persons wrongfully confined
  101. 101Power to compel restoration of abducted females
  102. 102Direction, etc., of search-warrants
  103. 103Persons in charge of closed place to allow search
  104. 104Disposal of things found in search beyond jurisdiction
  105. 105Recording of search and seizure through audio video electronic means
  106. 106Power of police officer to seize certain property
  107. 107Attachment, forfeiture or restoration of property
  108. 108Magistrate may direct search in his presence
  109. 109Power to impound document, etc., produced
  110. 110Reciprocal arrangements regarding processes
  111. 111Definitions
  112. 112Letter of request to competent authority for investigation in a country or place outside India
  113. 113Letter of request from a country or place outside India to a Court or an authority for investigation in India
  114. 114Assistance in securing transfer of persons
  115. 115Assistance in relation to orders of attachment or forfeiture of property
  116. 116Identifying unlawfully acquired property
  117. 117Seizure or attachment of property
  118. 118Management of properties seized or forfeited under this Chapter
  119. 119Notice of forfeiture of property
  120. 120Forfeiture of property in certain cases
  121. 121Fine in lieu of forfeiture
  122. 122Certain transfers to be null and void
  123. 123Procedure in respect of letter of request
  124. 124Application of this Chapter
  125. 125Security for keeping peace on conviction
  126. 126Security for keeping peace in other cases
  127. 127Security for good behaviour from persons disseminating certain matters
  128. 128Security for good behaviour from suspected persons
  129. 129Security for good behaviour from habitual offenders
  130. 130Order to be made
  131. 131Procedure in respect of person present in Court
  132. 132Summons or warrant in case of person not so present
  133. 133Copy of order to accompany summons or warrant
  134. 134Power to dispense with personal attendance
  135. 135Inquiry as to truth of information
  136. 136Order to give security
  137. 137Discharge of person informed against
  138. 138Commencement of period for which security is required
  139. 139Contents of bond
  140. 140Power to reject sureties
  141. 141Imprisonment in default of security
  142. 142Power to release persons imprisoned for failing to give security
  143. 143Security for unexpired period of bond
  144. 144Order for maintenance of wives, children and parents
  145. 145Procedure
  146. 146Alteration in allowance
  147. 147Enforcement of order of maintenance
  148. 148Dispersal of assembly by use of civil force
  149. 149Use of armed forces to disperse assembly
  150. 150Power of certain armed force officers to disperse assembly
  151. 151Protection against prosecution for acts done under sections 148, 149 and 150
  152. 152Conditional order for removal of nuisance
  153. 153Service or notification of order
  154. 154Person to whom order is addressed to obey or show cause
  155. 155Penalty for failure to comply with section 154
  156. 156Procedure where existence of public right is denied
  157. 157Procedure where person against whom order is made under section 152 appears to show-cause
  158. 158Power of Magistrate to direct local investigation and examination of an expert
  159. 159Power of Magistrate to furnish written instructions, etc
  160. 160Procedure on order being made absolute and consequences of disobedience
  161. 161Injunction pending inquiry
  162. 162Magistrate may prohibit repetition or Continuance of public nuisance
  163. 163Power to issue order in urgent cases of nuisance or apprehended danger
  164. 164Procedure where dispute concerning land or water is likely to cause breach of peace
  165. 165Power to attach subject of dispute and to appoint receiver
  166. 166Dispute concerning right of use of land or water
  167. 167Local inquiry
  168. 168Police to prevent cognizable offences
  169. 169Information of design to commit cognizable offences
  170. 170Arrest to prevent commission of cognizable offences
  171. 171Prevention of injury to public property
  172. 172Persons bound to conform to lawful directions of police
  173. 173Information in cognizable cases
  174. 174Information as to non-cognizable cases and investigation of such cases
  175. 175Police officer’s power to investigate cognizable case
  176. 176Procedure for investigation
  177. 177Report how submitted
  178. 178Power to hold investigation or preliminary inquiry
  179. 179Police officer's power to require attendance of witnesses
  180. 180Examination of witnesses by police
  181. 181Statements to police and use thereof
  182. 182No inducement to be offered
  183. 183Recording of confessions and statements
  184. 184Medical examination of victim of rape
  185. 185Search by police officer
  186. 186When officer in charge of police station may require another to issue search-warrant
  187. 187Procedure when investigation cannot be completed in twenty-four hours
  188. 188Report of investigation by subordinate police officer
  189. 189Release of accused when evidence deficient
  190. 190Cases to be sent to Magistrate, when evidence is sufficient
  191. 191Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
  192. 192Diary of proceedings in investigation
  193. 193Report of police officer on completion of investigation
  194. 194Police to enquire and report on suicide, etc
  195. 195Power to summon persons
  196. 196Inquiry by Magistrate into cause of death
  197. 197Ordinary place of inquiry and trial
  198. 198Place of inquiry or trial
  199. 199Offence triable where act is done or consequence ensues
  200. 200Place of trial where act is an offence by reason of relation to other offence
  201. 201Place of trial in case of certain offences
  202. 202Offences committed by means of electronic communications, letters, etc
  203. 203Offence committed on journey or voyage
  204. 204Place of trial for offences triable together
  205. 205Power to order cases to be tried in different sessions divisions
  206. 206High Court to decide, in case of doubt, district where inquiry or trial shall take place
  207. 207Power to issue summons or warrant for offence committed beyond local jurisdiction
  208. 208Offence committed outside India
  209. 209Receipt of evidence relating to offences committed outside India
  210. 210Cognizance of offences by Magistrate
  211. 211Transfer on application of accused
  212. 212Making over of cases to Magistrates
  213. 213Cognizance of offences by Court of Session
  214. 214Additional Sessions Judges to try cases made over to them
  215. 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. 216Procedure for witnesses in case of threatening, etc
  217. 217Prosecution for offences against State and for criminal conspiracy to commit such offence
  218. 218Prosecution of Judges and public servants
  219. 219Prosecution for offences against marriage
  220. 220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
  221. 221Cognizance of offence
  222. 222Prosecution for defamation
  223. 223Examination of complainant
  224. 224Procedure by Magistrate not competent to take cognizance of case
  225. 225Postponement of issue of process
  226. 226Dismissal of complaint
  227. 227Issue of process
  228. 228Magistrate may dispense with personal attendance of accused
  229. 229Special summons in cases of petty offence
  230. 230Supply to accused of copy of police report and other documents
  231. 231Supply of copies of statements and documents to accused in other cases triable by Court of Session
  232. 232Commitment of case to Court of Session when offence is triable exclusively by it
  233. 233Procedure to be followed when there is a complaint case and police investigation in respect of same offence
  234. 234Contents of charge
  235. 235Particulars as to time, place and person
  236. 236When manner of committing offence must be stated
  237. 237Words in charge taken in sense of law under which offence is punishable
  238. 238Effect of errors
  239. 239Court may alter charge
  240. 240Recall of witnesses when charge altered
  241. 241Separate charges for distinct offences
  242. 242Offences of same kind within year may be charged together
  243. 243Trial for more than one offence
  244. 244Where it is doubtful what offence has been committed
  245. 245When offence proved included in offence charged
  246. 246What persons may be charged jointly
  247. 247Withdrawal of remaining charges on conviction on one of several charges
  248. 248Trial to be conducted by Public Prosecutor
  249. 249Opening case for prosecution
  250. 250Discharge
  251. 251Framing of charge
  252. 252Conviction on plea of guilty
  253. 253Date for prosecution evidence
  254. 254Evidence for prosecution
  255. 255Acquittal
  256. 256Entering upon defence
  257. 257Arguments
  258. 258Judgment of acquittal or conviction
  259. 259Previous conviction
  260. 260Procedure in cases instituted under sub-section (2) of section 222
  261. 261Compliance with section 230
  262. 262When accused shall be discharged
  263. 263Framing of charge
  264. 264Conviction on plea of guilty
  265. 265Evidence for prosecution
  266. 266Evidence for defence
  267. 267Evidence for prosecution
  268. 268When accused shall be discharged
  269. 269Procedure where accused is not discharged
  270. 270Evidence for defence
  271. 271Acquittal or conviction
  272. 272Absence of complainant
  273. 273Compensation for accusation without reasonable cause
  274. 274Substance of accusation to be stated
  275. 275Conviction on plea of guilty
  276. 276Conviction on plea of guilty in absence of accused in petty cases
  277. 277Procedure when not convicted
  278. 278Acquittal or conviction
  279. 279Non-appearance or death of complainant
  280. 280Withdrawal of complaint
  281. 281Power to stop proceedings in certain cases
  282. 282Power of Court to convert summons-cases into warrant-cases
  283. 283Power to try summarily
  284. 284Summary trial by Magistrate of second class
  285. 285Procedure for summary trials
  286. 286Record in summary trials
  287. 287Judgment in cases tried summarily
  288. 288Language of record and judgment
  289. 289Application of Chapter
  290. 290Application for plea bargaining
  291. 291Guidelines for mutually satisfactory disposition
  292. 292Report of mutually satisfactory disposition to be submitted before Court
  293. 293Disposal of case
  294. 294Judgment of Court
  295. 295Finality of judgment
  296. 296Power of Court in plea bargaining
  297. 297Period of detention undergone by accused to be set off against sentence of imprisonment
  298. 298Savings
  299. 299Statements of accused not to be used
  300. 300Non-application of Chapter
  301. 301Definitions
  302. 302Power to require attendance of prisoners
  303. 303Power of State Government or Central Government to exclude certain persons from operation of section 302
  304. 304Officer in charge of prison to abstain from carrying out order in certain contingencies
  305. 305Prisoner to be brought to Court in custody
  306. 306Power to issue commission for examination of witness in prison
  307. 307Language of Courts
  308. 308Evidence to be taken in presence of accused
  309. 309Record in summons-cases and inquiries
  310. 310Record in warrant-cases
  311. 311Record in trial before Court of Session
  312. 312Language of record of evidence
  313. 313Procedure in regard to such evidence when completed
  314. 314Interpretation of evidence to accused or his advocate
  315. 315Remarks respecting demeanour of witness
  316. 316Record of examination of accused
  317. 317Interpreter to be bound to interpret truthfully
  318. 318Record in High Court
  319. 319When attendance of witness may be dispensed with and commission issued
  320. 320Commission to whom to be issued
  321. 321Execution of commissions
  322. 322Parties may examine witnesses
  323. 323Return of commission
  324. 324Adjournment of proceeding
  325. 325Execution of foreign commissions
  326. 326Deposition of medical witness
  327. 327Identification report of Magistrate
  328. 328Evidence of officers of Mint
  329. 329Reports of certain Government scientific experts
  330. 330No formal proof of certain documents
  331. 331Affidavit in proof of conduct of public servants
  332. 332Evidence of formal character on affidavit
  333. 333Authorities before whom affidavits may be sworn
  334. 334Previous conviction or acquittal how proved
  335. 335Record of evidence in absence of accused
  336. 336Evidence of public servants, experts, police officers in certain cases
  337. 337Person once convicted or acquitted not to be tried for same offence
  338. 338Appearance by Public Prosecutors
  339. 339Permission to conduct prosecution
  340. 340Right of person against whom proceedings are instituted to be defended
  341. 341Legal aid to accused at State expense in certain cases
  342. 342Procedure when corporation or registered society is an accused
  343. 343Tender of pardon to accomplice
  344. 344Power to direct tender of pardon
  345. 345Trial of person not complying with conditions of pardon
  346. 346Power to postpone or adjourn proceedings
  347. 347Local inspection
  348. 348Power to summon material witness, or examine person present
  349. 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
  350. 350Expenses of complainants and witnesses
  351. 351Power to examine accused
  352. 352Oral arguments and memorandum of arguments
  353. 353Accused person to be competent witness
  354. 354No influence to be used to induce disclosure
  355. 355Provision for inquiries and trial being held in absence of accused in certain cases
  356. 356Inquiry, trial or judgment in absentia of proclaimed offender
  357. 357Procedure where accused does not understand proceedings
  358. 358Power to proceed against other persons appearing to be guilty of offence
  359. 359Compounding of offences
  360. 360Withdrawal from prosecution
  361. 361Procedure in cases which Magistrate cannot dispose of
  362. 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  363. 363Trial of persons previously convicted of offences against coinage, stamp-law or property
  364. 364Procedure when Magistrate cannot pass sentence sufficiently severe
  365. 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  366. 366Court to be open
  367. 367Procedure in case of accused being person of unsound mind
  368. 368Procedure in case of person of unsound mind tried before Court
  369. 369Release of person of unsound mind pending investigation or trial
  370. 370Resumption of inquiry or trial
  371. 371Procedure on accused appearing before Magistrate or Court
  372. 372When accused appears to have been of sound mind
  373. 373Judgment of acquittal on ground of unsoundness of mind
  374. 374Person acquitted on ground of unsoundness of mind to be detained in safe custody
  375. 375Power of State Government to empower officer in charge to discharge
  376. 376Procedure where prisoner of unsound mind is reported capable of making his defence
  377. 377Procedure where person of unsound mind detained is declared fit to be released
  378. 378Delivery of person of unsound mind to care of relative or friend
  379. 379Procedure in cases mentioned in section 215
  380. 380Appeal
  381. 381Power to order costs
  382. 382Procedure of Magistrate taking cognizance
  383. 383Summary procedure for trial for giving false evidence
  384. 384Procedure in certain cases of contempt
  385. 385Procedure where Court considers that case should not be dealt with under section 384
  386. 386When Registrar or Sub-Registrar to be deemed a Civil Court
  387. 387Discharge of offender on submission of apology
  388. 388Imprisonment or committal of person refusing to answer or produce document
  389. 389Summary procedure for punishment for non-attendance by a witness in obedience to summons
  390. 390Appeals from convictions under sections 383, 384, 388 and 389
  391. 391Certain Judges and Magistrates not to try certain offences when committed before themselves
  392. 392Judgment
  393. 393Language and contents of judgment
  394. 394Order for notifying address of previously convicted offender
  395. 395Order to pay compensation
  396. 396Victim compensation scheme
  397. 397Treatment of victims
  398. 398Witness protection scheme
  399. 399Compensation to persons groundlessly arrested
  400. 400Order to pay costs in non-cognizable cases
  401. 401Order to release on probation of good conduct or after admonition
  402. 402Special reasons to be recorded in certain cases
  403. 403Court not to alter judgment
  404. 404Copy of judgment to be given to accused and other persons
  405. 405Judgment when to be translated
  406. 406Court of Session to send copy of finding and sentence to District Magistrate
  407. 407Sentence of death to be submitted by Court of Session for confirmation
  408. 408Power to direct further inquiry to be made or additional evidence to be taken
  409. 409Power of High Court to confirm sentence or annul conviction
  410. 410Confirmation or new sentence to be signed by two Judges
  411. 411Procedure in case of difference of opinion
  412. 412Procedure in cases submitted to High Court for confirmation
  413. 413No appeal to lie unless otherwise provided
  414. 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
  415. 415Appeals from convictions
  416. 416No appeal in certain cases when accused pleads guilty
  417. 417No appeal in petty cases
  418. 418Appeal by State Government against sentence
  419. 419Appeal in case of acquittal
  420. 420Appeal against conviction by High Court in certain cases
  421. 421Special right of appeal in certain cases
  422. 422Appeal to Court of Session how heard
  423. 423Petition of appeal
  424. 424Procedure when appellant in jail
  425. 425Summary dismissal of appeal
  426. 426Procedure for hearing appeals not dismissed summarily
  427. 427Powers of Appellate Court
  428. 428Judgments of subordinate Appellate Court
  429. 429Order of High Court on appeal to be certified to lower Court
  430. 430Suspension of sentence pending appeal; release of appellant on bail
  431. 431Arrest of accused in appeal from acquittal
  432. 432Appellate Court may take further evidence or direct it to be taken
  433. 433Procedure where Judges of Court of appeal are equally divided
  434. 434Finality of judgments and orders on appeal
  435. 435Abatement of appeals
  436. 436Reference to High Court
  437. 437Disposal of case according to decision of High Court
  438. 438Calling for records to exercise powers of revision
  439. 439Power to order inquiry
  440. 440Sessions Judge's powers of revision
  441. 441Power of Additional Sessions Judge
  442. 442High Court's powers of revision
  443. 443Power of High Court to withdraw or transfer revision cases
  444. 444Option of Court to hear parties
  445. 445High Court's order to be certified to lower Court
  446. 446Power of Supreme Court to transfer cases and appeals
  447. 447Power of High Court to transfer cases and appeals
  448. 448Power of Sessions Judge to transfer cases and appeals
  449. 449Withdrawal of cases and appeals by Sessions Judges
  450. 450Withdrawal of cases by Judicial Magistrates
  451. 451Making over or withdrawal of cases by Executive Magistrates
  452. 452Reasons to be recorded
  453. 453Execution of order passed under section 409
  454. 454Execution of sentence of death passed by High Court
  455. 455Postponement of execution of sentence of death in case of appeal to Supreme Court
  456. 456Commutation of sentence of death on pregnant woman
  457. 457Power to appoint place of imprisonment
  458. 458Execution of sentence of imprisonment
  459. 459Direction of warrant for execution
  460. 460Warrant with whom to be lodged
  461. 461Warrant for levy of fine
  462. 462Effect of such warrant
  463. 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  464. 464Suspension of execution of sentence of imprisonment
  465. 465Who may issue warrant
  466. 466Sentence on escaped convict when to take effect
  467. 467Sentence on offender already sentenced for another offence
  468. 468Period of detention undergone by accused to be set off against sentence of imprisonment
  469. 469Saving
  470. 470Return of warrant on execution of sentence
  471. 471Money ordered to be paid recoverable as a fine
  472. 472Mercy petition in death sentence cases
  473. 473Power to suspend or remit sentences
  474. 474Power to commute sentence
  475. 475Restriction on powers of remission or commutation in certain cases
  476. 476Concurrent power of Central Government in case of death sentences
  477. 477State Government to act after concurrence with Central Government in certain cases
  478. 478In what cases bail to be taken
  479. 479Maximum period for which under-trial prisoner can be detained
  480. 480When bail may be taken in case of non-bailable offence
  481. 481Bail to require accused to appear before next Appellate Court
  482. 482Direction for grant of bail to person apprehending arrest
  483. 483Special powers of High Court or Court of Session regarding bail
  484. 484Amount of bond and reduction thereof
  485. 485Bond of accused and sureties
  486. 486Declaration by sureties
  487. 487Discharge from custody
  488. 488Power to order sufficient bail when that first taken is insufficient
  489. 489Discharge of sureties
  490. 490Deposit instead of recognizance
  491. 491Procedure when bond has been forfeited
  492. 492Cancellation of bond and bail bond
  493. 493Procedure in case of insolvency or death of surety or when a bond is forfeited
  494. 494Bond required from child
  495. 495Appeal from orders under section 491
  496. 496Power to direct levy of amount due on certain recognizances
  497. 497Order for custody and disposal of property pending trial in certain cases
  498. 498Order for disposal of property at conclusion of trial
  499. 499Payment to innocent purchaser of money found on accused
  500. 500Appeal against orders under section 498 or section 499
  501. 501Destruction of libellous and other matter
  502. 502Power to restore possession of immovable property
  503. 503Procedure by police upon seizure of property
  504. 504Procedure where no claimant appears within six months
  505. 505Power to sell perishable property
  506. 506Irregularities which do not vitiate proceedings
  507. 507Irregularities which vitiate proceedings
  508. 508Proceedings in wrong place
  509. 509Non-compliance with provisions of section 183 or section 316
  510. 510Effect of omission to frame, or absence of, or error in, charge
  511. 511Finding or sentence when reversible by reason of error, omission or irregularity
  512. 512Defect or error not to make attachment unlawful
  513. 513Definitions
  514. 514Bar to taking cognizance after lapse of period of limitation
  515. 515Commencement of period of limitation
  516. 516Exclusion of time in certain cases
  517. 517Exclusion of date on which Court is closed
  518. 518Continuing offence
  519. 519Extension of period of limitation in certain cases
  520. 520Trials before High Courts
  521. 521Delivery to commanding officers of persons liable to be tried by Court-martial
  522. 522Forms
  523. 523Power of High Court to make rules
  524. 524Power to alter functions allocated to Executive Magistrate in certain cases
  525. 525Cases in which Judge or Magistrate is personally interested
  526. 526Practising advocate not to sit as Magistrate in certain Courts
  527. 527Public servant concerned in sale not to purchase or bid for property
  528. 528Saving of inherent powers of High Court
  529. 529Duty of High Court to exercise continuous superintendence over Courts
  530. 530Trial and proceedings to be held in electronic mode
  531. 531Repeal and savings

Legislative history

Legislative History: The Bharatiya Nyaya Sanhita, 2023 Source: Official Record of Parliament, India Code, and Ministry of Home Affairs Act Title - The Bharatiya Nagarik Suraksha Sanhita, 2023 Act Number - Act No. 46 of 2023 Act ID (India Code) - 202346 Presidential Assent date December 25, 2023 Enforcement Date July 01, 2024 Nodal Ministry Ministry of Home Affairs Precedent & Historical Rationale ● Repeal of the Code of Criminal Procedure, 1973: Repeals the Code of Criminal Procedure, 1973 (2 of 1974) to establish a modern, technology-driven procedural framework focused on speedy trial timelines and citizen-centric rights. ● Mandatory Timelines & Tech Integration: Mandates electronic submission of evidence and summonses, introduces Zero FIR and mandatory forensic visits for serious offences (punishable by 7+ years), and imposes strict statutory deadlines for investigation, charge sheet filing, and judgment delivery. Parliamentary Trajectory & Enactment ● Formulation: Introduced by the Union Minister of Home Affairs, Shri Amit Shah, as part of the core legislative package to replace colonial-era criminal procedural laws. ● Parliamentary Passage: Introduced in the Lok Sabha on August 11, 2023; referred to the Parliamentary Standing Committee on Home Affairs; re-introduced as Bill No. 174 of 2023 on December 12, 2023; passed by the Lok Sabha on December 20, 2023; and passed by the Rajya Sabha on December 21, 2023. ● Presidential Assent: Received the assent of the President of India on December 25, 2023. ● Enforcement: Enforced on July 01, 2024.

Schedules

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Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 531 sections of this Act has its own page. This page is not a substitute for legal advice.