Special reasons to be recorded in certain cases
Section 361 of the Code of Criminal Procedure, 1973 deals with special reasons to be recorded in certain cases. Where in any case the Court could have dealt with,- (a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or (b) a youthful offender under the Children Act, 1960 (60 of 1960), or any other law for the time being in force for the treatme The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Where in any case the Court could have dealt with,-
(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or
(b) a youthful offender under the Children Act, 1960 (60 of 1960), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders,
but has not done so, it shall record in its judgment the special reasons for not having done so.
Section 361, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 402 Special reasons to be recorded in certain cases Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ashraf vs State of U.p.
Court's Decision & Legal Precedent
Section 361 CrPC mandates that trial courts must consider and apply the provisions of Section 360 CrPC or the beneficial provisions of the Probation of Offenders Act, 1958 before imposing imprisonment on eligible offenders. If such provisions are not applied, the court must record special reasons for the same. Failure to do so constitutes illegality. First-time offenders with no criminal antecedents, particularly when significant time has elapsed since the incident, are entitled to the benefit of probation under Section 4 of the Probation of Offenders Act, 1958, and appellate courts have the authority to grant such benefits even if the trial court failed to consider them.
On this section: Mandates that if courts choose not to apply Section 360 or beneficial provisions of the Probation of Offenders Act, they must record special reasons; trial court violated this requirement
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Lakshman Yadav& ORS. vs State of Bihar
Court's Decision & Legal Precedent
When an accused is a first offender, aged above 21 years, and has not previously been convicted, courts are mandatorily required under Section 360 CrPC to consider granting probation instead of imprisonment. If the court decides not to exercise this discretion, it must record detailed reasons as mandated by Section 361 CrPC. Failure to consider or apply Section 360 CrPC without recording reasons constitutes gross miscarriage of justice and violation of legislative mandate, warranting modification of sentence even when conviction is upheld. The court must balance the seriousness of the offence with the offender's background, age, and first-offender status.
On this section: Recording Reasons for Non-Application of Section 360 - Mandatory provision requiring courts to record reasons if declining to apply Section 360; trial court failed to comply
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… any case where the court could have dealt with an accused under Section 360 of the Code, and yet does not want to grant the benefit of the said provision then it shall record in its judgment specific reasons for not having done so. This has apparently not been done, inasmuch as the Court overlooked the provisions of Sections 360 and 361 of the Code of Criminal Procedure. As such, the mandatory duty cast on the Magistrate has not been performed. …" 21. However, Mr. Nagamuthu was prompt in submitting that the decision in Chandreshwar (supra) had no occasion to deal with the Probation Act and, therefore, it is not expressly held that the …
Questions about Section 361
What have the courts held on Section 361 of the Code of Criminal Procedure?
Ashraf vs State of U.p. (07 Jan 2022) is the leading judgment on this section among those set out below: Mandates that if courts choose not to apply Section 360 or beneficial provisions of the Probation of Offenders Act, they must record special reasons; trial court violated this requirement. Another 1 judgment on this section is set out below. They run from 2018 to 2022.
How do I find court cases under Section 361 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 361, section 361 CRPC, section 361 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ashraf vs State of U.p. (07 Jan 2022).
What should I read with Section 361 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 360 (Order to release on probation of good conduct or after admonition), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 402 (Special reasons to be recorded in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 361 of the Code of Criminal Procedure come into force?
Section 361 of the Code of Criminal Procedure, cited as CRPC 361, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.