BNSS

406. Court of Session to send copy of finding and sentence to District Magistrate. In cases tried by the Court of Session or a ChiefRead More →

CHAPTER XXX – SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 407. Sentence of death to be submitted by Court of Session for confirmation. (1) When theRead More →

408. Power to direct further inquiry to be made or additional evidence to be taken. (1) If, when such proceedings are submitted, the High CourtRead More →

409. Power of High Court to confirm sentence or annul conviction. In any case submitted under section 407, the High Court: (a) may confirm theRead More →

410. Confirmation or new sentence to be signed by two Judges. In every case so submitted, the confirmation of the sentence, or any new sentenceRead More →

411. Procedure in case of difference of opinion. Where any such case is heard before a Bench of Judges and such Judges are equally dividedRead More →

412. Procedure in cases submitted to High Court for confirmation. In cases submitted by the Court of Session to the High Court for the confirmationRead More →

CHAPTER XXXI – APPEALS 413. No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal CourtRead More →

414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. Any person: (i) who has beenRead More →

415. Appeals from convictions. (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal toRead More →

416. No appeal in certain cases when accused pleads guilty. Notwithstanding anything in section 415, where an accused person has pleaded guilty and has beenRead More →

417. No appeal in petty cases. Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the followingRead More →

418. Appeal by State Government against sentence. (1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction onRead More →

419. Appeal in case of acquittal. (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5): (a)Read More →

420. Appeal against conviction by High Court in certain cases. Where the High Court has, on appeal, reversed an order of acquittal of an accusedRead More →

421. Special right of appeal in certain cases. Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and anRead More →

422. Appeal to Court of Session how heard. (1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or SessionsRead More →

423. Petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, andRead More →

424. Procedure when appellant in jail. If the appellant is in jail, he may present his petition of appeal and the copies accompanying the sameRead More →

425. Summary dismissal of appeal. (1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424,Read More →

426. Procedure for hearing appeals not dismissed summarily. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of theRead More →

427. Powers of Appellate Court. After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if heRead More →

428. Judgments of subordinate Appellate Court. The rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply,Read More →

429. Order of High Court on appeal to be certified to lower Court. (1) Whenever a case is decided on appeal by the High CourtRead More →

430. Suspension of sentence pending appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasonsRead More →

431. Arrest of accused in appeal from acquittal. When an appeal is presented under section 419, the High Court may issue a warrant directing thatRead More →

432. Appellate Court may take further evidence or direct it to be taken. (1) In dealing with any appeal under this Chapter, the Appellate Court,Read More →

433. Procedure where Judges of Court of appeal are equally divided. When an appeal under this Chapter is heard by a High Court before aRead More →

434. Finality of judgments and orders on appeal. Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in theRead More →

435. Abatement of appeals. (1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused. (2) Every otherRead More →

CHAPTER XXXII – REFERENCE AND REVISION 436. Reference to High Court. (1) Where any Court is satisfied that a case pending before it involves aRead More →

437. Disposal of case according to decision of High Court. (1) When a question has been so referred, the High Court shall pass such orderRead More →

438. Calling for records to exercise powers of revision. (1) The High Court or any Sessions Judge may call for and examine the record ofRead More →

439. Power to order inquiry. On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the ChiefRead More →

440. Sessions Judge’s powers of revision. (1) In the case of any proceeding the record of which has been called for by himself, the SessionsRead More →

441. Power of Additional Sessions Judge. An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this ChapterRead More →

442. High Court’s powers of revision. (1) In the case of any proceeding the record of which has been called for by itself or whichRead More →

443. Power of High Court to withdraw or transfer revision cases. (1) Whenever one or more persons convicted at the same trial makes or makeRead More →

444. Option of Court to hear parties. Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personallyRead More →

445. High Court’s order to be certified to lower Court. When a case is revised under this Chapter by the High Court or a SessionsRead More →

CHAPTER XXXIII – TRANSFER OF CRIMINAL CASES 446. Power of Supreme Court to transfer cases and appeals. (1) Whenever it is made to appear toRead More →

447. Power of High Court to transfer cases and appeals. (1) Whenever it is made to appear to the High Court: (a) that a fairRead More →

448. Power of Sessions Judge to transfer cases and appeals. (1) Whenever it is made to appear to a Sessions Judge that an order underRead More →

449. Withdrawal of cases and appeals by Sessions Judges. (1) A Sessions Judge may withdraw any case or appeal from, or recall any case orRead More →

450. Withdrawal of cases by Judicial Magistrates. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has madeRead More →

451. Making over or withdrawal of cases by Executive Magistrates. Any District Magistrate or Sub-divisional Magistrate may: (a) make over, for disposal, any proceeding whichRead More →

452. Reasons to be recorded. A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall recordRead More →

CHAPTER XXXIV – EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A. Death sentences 453. Execution of order passed under section 409. When in a caseRead More →

454. Execution of sentence of death passed by High Court. When a sentence of death is passed by the High Court in appeal or inRead More →

455. Postponement of execution of sentence of death in case of appeal to Supreme Court. (1) Where a person is sentenced to death by theRead More →

456. Commutation of sentence of death on pregnant woman. If a woman sentenced to death is found to be pregnant, the High Court shall commuteRead More →

B. Imprisonment 457. Power to appoint place of imprisonment. (1) Except when otherwise provided by any law for the time being in force, the StateRead More →

458. Execution of sentence of imprisonment. (1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases otherRead More →

459. Direction of warrant for execution. Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge ofRead More →

460. Warrant with whom to be lodged. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.Read More →

C. Levy of fine 461. Warrant for levy of fine. (1) When an offender has been sentenced to pay a fine, but no such paymentRead More →

462. Effect of such warrant. A warrant issued under clause (a) of sub-section (1) of section 461 by any Court may be executed within theRead More →

463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. Notwithstanding anything in this SanhitaRead More →

464. Suspension of execution of sentence of imprisonment. (1) When an offender has been sentenced to fine only and to imprisonment in default of paymentRead More →

D. General provisions regarding execution 465. Who may issue warrant. Every warrant for the execution of a sentence may be issued either by the JudgeRead More →

466. Sentence on escaped convict when to take effect. (1) When a sentence of death, imprisonment for life or fine is passed under this SanhitaRead More →

467. Sentence on offender already sentenced for another offence. (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent convictionRead More →

468. Period of detention undergone by accused to be set off against sentence of imprisonment. Where an accused person has, on conviction, been sentenced toRead More →

469. Saving. (1) Nothing in section 466 or section 467 shall be held to excuse any person from any part of the punishment to whichRead More →

470. Return of warrant on execution of sentence. When a sentence has been fully executed, the officer executing it shall return the warrant to theRead More →

471. Money ordered to be paid recoverable as a fine. Any money (other than a fine) payable by virtue of any order made under thisRead More →

E. Suspension, remission and commutation of sentences 472. Mercy petition in death sentence cases. (1) A convict under the sentence of death or his legalRead More →

473. Power to suspend or remit sentences. (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at anyRead More →

474. Power to commute sentence. The appropriate Government may, without the consent of the person sentenced, commute: (a) a sentence of death, for imprisonment forRead More →

475. Restriction on powers of remission or commutation in certain cases. Notwithstanding anything contained in section 473, where a sentence of imprisonment for life isRead More →

476. Concurrent power of Central Government in case of death sentences. The powers conferred by sections 473 and 474 upon the State Government may, inRead More →

477. State Government to act after concurrence with Central Government in certain cases. (1) The powers conferred by sections 473 and 474 upon the StateRead More →

CHAPTER XXXV – PROVISIONS AS TO BAIL AND BONDS 478. In what cases bail to be taken. (1) When any person other than a personRead More →

479. Maximum period for which undertrial prisoner can be detained. (1) Where a person has, during the period of investigation, inquiry or trial under thisRead More →

480. When bail may be taken in case of non-bailable offence. (1) When any person accused of, or suspected of, the commission of any non-bailableRead More →

481. Bail to require accused to appear before next Appellate Court. (1) Before conclusion of the trial and before disposal of the appeal, the CourtRead More →

482. Direction for grant of bail to person apprehending arrest. (1) When any person has reason to believe that he may be arrested on anRead More →

483. Special powers of High Court or Court of Session regarding bail. (1) A High Court or Court of Session may direct: (a) that anyRead More →

484. Amount of bond and reduction thereof. (1) The amount of every bond executed under this Chapter shall be fixed with due regard to theRead More →

485. Bond of accused and sureties. (1) Before any person is released on bond or bail bond, a bond for such sum of money asRead More →

486. Declaration by sureties. Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court asRead More →

487. Discharge from custody. (1) As soon as the bond or bail bond has been executed, the person for whose appearance it has been executedRead More →

488. Power to order sufficient bail when that first taken is insufficient. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or ifRead More →

489. Discharge of sureties. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time applyRead More →

490. Deposit instead of recognizance. When any person is required by any Court or officer to execute a bond or bail bond, such Court orRead More →

491. Procedure when bond has been forfeited. (1) Where: (a) a bond under this Sanhita is for appearance, or for production of property, before aRead More →

492. Cancellation of bond and bail bond. Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita isRead More →

493. Procedure in case of insolvency or death of surety or when a bond is forfeited. When any surety to a bail bond under thisRead More →

494. Bond required from child. When the person required by any Court, or officer to execute a bond is a child, such Court or officerRead More →

495. Appeal from orders under section 491. All orders passed under section 491 shall be appealable: (i) in the case of an order made byRead More →

496. Power to direct levy of amount due on certain recognizances. The High Court or Court of Session may direct any Magistrate to levy theRead More →

CHAPTER XXXVI – DISPOSAL OF PROPERTY 497. Order for custody and disposal of property pending trial in certain cases. (1) When any property is producedRead More →

498. Order for disposal of property at conclusion of trial. (1) When an investigation, inquiry or trial in any criminal case is concluded, the CourtRead More →

499. Payment to innocent purchaser of money found on accused. When any person is convicted of any offence which includes, or amounts to, theft orRead More →

500. Appeal against orders under section 498 or section 499. (1) Any person aggrieved by an order made by a Court or Magistrate under sectionRead More →

501. Destruction of libellous and other matter. (1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 ofRead More →

502. Power to restore possession of immovable property. (1) When a person is convicted of an offence by use of criminal force or show ofRead More →

503. Procedure by police upon seizure of property. (1) Whenever the seizure of property by any police officer is reported to a Magistrate under theRead More →

504. Procedure where no claimant appears within six months. (1) If no person within such period establishes his claim to such property, and if theRead More →

505. Power to sell perishable property. If the person entitled to the possession of such property is unknown or absent and the property is subjectRead More →

CHAPTER XXXVII – IRREGULAR PROCEEDINGS 506. Irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the followingRead More →

507. Irregularities which vitiate proceedings. If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely: (a) attachesRead More →

508. Proceedings in wrong place. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry,Read More →

509. Non-compliance with provisions of section 183 or section 316. (1) If any Court before which a confession or other statement of an accused personRead More →

510. Effect of omission to frame, or absence of, or error in, charge. (1) No finding, sentence or order by a Court of competent jurisdictionRead More →

511. Finding or sentence when reversible by reason of error, omission or irregularity. (1) Subject to the provisions hereinbefore contained, no finding, sentence or orderRead More →

512. Defect or error not to make attachment unlawful. No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making theRead More →

CHAPTER XXXVIII – LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 513. Definitions. For the purposes of this Chapter, unless the context otherwise requires, “period ofRead More →

514. Bar to taking cognizance after lapse of period of limitation. (1) Except as otherwise provided in this Sanhita, no Court shall take cognizance ofRead More →

515. Commencement of period of limitation. (1) The period of limitation, in relation to an offender, shall commence: (a) on the date of the offence;Read More →

516. Exclusion of time in certain cases. (1) In computing the period of limitation, the time during which any person has been prosecuting with dueRead More →

517. Exclusion of date on which Court is closed. Where the period of limitation expires on a day when the Court is closed, the CourtRead More →

518. Continuing offence. In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the timeRead More →

519. Extension of period of limitation in certain cases. Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance ofRead More →

CHAPTER XXXIX – MISCELLANEOUS 520. Trials before High Courts. When an offence is tried by the High Court otherwise than under section 447, it shall,Read More →

521. Delivery to commanding officers of persons liable to be tried by Court-martial. (1) The Central Government may make rules consistent with this Sanhita andRead More →

522. Forms. Subject to the power conferred by Article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations asRead More →

523. Power of High Court to make rules. (1) Every High Court may, with the previous approval of the State Government, make rules: (a) asRead More →

524. Power to alter functions allocated to Executive Magistrate in certain cases. If the Legislative Assembly of a State by a resolution so permits, theRead More →

525. Cases in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except with the permission of the Court to which anRead More →

526. Practising advocate not to sit as Magistrate in certain Courts. No advocate who practices in the Court of any Magistrate shall sit as aRead More →

527. Public servant concerned in sale not to purchase or bid for property. A public servant having any duty to perform in connection with theRead More →

528. Saving of inherent powers of High Court. Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the HighRead More →

529. Duty of High Court to exercise continuous superintendence over Courts. Every High Court shall so exercise its superintendence over the Courts of Session andRead More →

530. Trial and proceedings to be held in electronic mode. All trials, inquires and proceedings under this Sanhita, including: (i) issuance, service and execution ofRead More →

531. Repeal and savings. (1) The Code of Criminal Procedure, 1973 is hereby repealed. (2) Notwithstanding such repeal: (a) if, immediately before the date onRead More →