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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

ACT NO. 46 OF 2023 · Enacted [25th December, 2023.]

PRELIMINARY

POWER OF COURTS

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

Section 30.Powers of superior officers of police
Section 31.Public when to assist Magistrates and police
Section 32.Aid to person, other than police officer, executing warrant
Section 33.Public to give information of certain offences
Section 34.Duty of officers employed in connection with affairs of a village to make certain report
Section 35.When police may arrest without warrant
Section 36.Procedure of arrest and duties of officer making arrest
Section 37.Designated police officer
Section 38.Right of arrested person to meet an advocate of his choice during interrogation
Section 39.Arrest on refusal to give name and residence
Section 40.Arrest by private person and procedure on such arrest
Section 41.Arrest by Magistrate
Section 42.Protection of members of Armed Forces from arrest
Section 43.Arrest how made
Section 44.Search of place entered by person sought to be arrested
Section 45.Pursuit of offenders into other jurisdictions
Section 46.No unnecessary restraint
Section 47.Person arrested to be informed of grounds of arrest and of right to bail
Section 48.Obligation of person making arrest to inform about arrest, etc., to relative or friend
Section 49.Search of arrested person
Section 50.Power to seize offensive weapons
Section 51.Examination of accused by medical practitioner at request of police officer
Section 52.Examination of person accused of rape by medical practitioner
Section 53.Examination of arrested person by medical officer
Section 54.Identification of person arrested
Section 55.Procedure when police officer deputes subordinate to arrest without warrant
Section 56.Health and safety of arrested person
Section 57.Person arrested to be taken before Magistrate or officer in charge of police station
Section 58.Person arrested not to be detained more than twenty-four hours
Section 59.Police to report apprehensions
Section 60.Discharge of person apprehended
Section 61.Power, on escape, to pursue and retake
Section 62.Arrest to be made strictly according to Sanhita

PROCESSES TO COMPEL APPEARANCE

Section 63.Form of summons
Section 64.Summons how served
Section 65.Service of summons on corporate bodies, firms, and societies
Section 66.Service when persons summoned cannot be found
Section 67.Procedure when service cannot be effected as before provided
Section 68.Service on Government servant
Section 69.Service of summons outside local limits
Section 70.Proof of service in such cases and when serving officer not present
Section 71.Service of summons on witness
Section 72.Form of warrant of arrest and duration
Section 73.Power to direct security to be taken
Section 74.Warrants to whom directed
Section 75.Warrant may be directed to any person
Section 76.Warrant directed to police officer
Section 77.Notification of substance of warrant
Section 78.Person arrested to be brought before Court without delay
Section 79.Where warrant may be executed
Section 80.Warrant forwarded for execution outside jurisdiction
Section 81.Warrant directed to police officer for execution outside jurisdiction
Section 82.Procedure on arrest of person against whom warrant issued
Section 83.Procedure by Magistrate before whom such person arrested is brought
Section 84.Proclamation for person absconding
Section 85.Attachment of property of person absconding
Section 86.Identification and attachment of property of proclaimed person
Section 87.Claims and objections to attachment
Section 88.Release, sale and restoration of attached property
Section 89.Appeal from order rejecting application for restoration of attached property
Section 90.Issue of warrant in lieu of, or in addition to, summons
Section 91.Power to take bond or bail bond for appearance
Section 92.Arrest on breach of bond or bail bond for appearance
Section 93.Provisions of this Chapter generally applicable to summons and warrants of arrest

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

PREVENTIVE ACTION OF THE POLICE

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

COMPLAINTS TO MAGISTRATES

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

THE CHARGE

TRIAL BEFORE A COURT OF SESSION

TRIAL OF WARRANT-CASES BY MAGISTRATES

TRIAL OF SUMMONS-CASES BY MAGISTRATES

SUMMARY TRIALS

PLEA BARGAINING

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

EVIDENCE IN INQUIRIES AND TRIALS

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

THE JUDGMENT

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

APPEALS

REFERENCE AND REVISION

TRANSFER OF CRIMINAL CASES

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

PROVISIONS AS TO BAIL AND BONDS

DISPOSAL OF PROPERTY

IRREGULAR PROCEEDINGS

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

MISCELLANEOUS