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The Bharatiya Nagarik Suraksha Sanhita, 2023

110 sections · 7 chapters

Preamble

The Bharatiya Nagarik Suraksha Sanhita, 2023

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GeneralCentral Act

The Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS)

The Bharatiya Nagarik Suraksha Sanhita, 2023, serves as the primary procedural law governing criminal justice in India. It establishes the hierarchy and powers of criminal courts, defines the procedures for police investigations, arrests, and searches, and outlines the rights of the accused and victims. By regulating how crimes are investigated, how trials are conducted, and how evidence is handled, the Act ensures that the legal system operates fairly and efficiently. It is essential for ordinary citizens to understand this law because it dictates the rules police must follow during arrests, how courts function, and the mechanisms available for seeking justice or appealing decisions.

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Chapter I— PRELIMINARY

Section 1Short title, extent and commencement
Section 2Definitions
Section 3Construction of references
Section 4Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
Section 5Saving

Chapter II— CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 6Classes of Criminal Courts
Section 7Territorial divisions
Section 8Court of Session
Section 9Courts of Judicial Magistrates
Section 10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
Section 11Special Judicial Magistrates
Section 12Local Jurisdiction of Judicial Magistrates
Section 13Subordination of Judicial Magistrates
Section 14Executive Magistrates
Section 15Special Executive Magistrates
Section 16Local Jurisdiction of Executive
Section 17Subordination of Executive Magistrates
Section 18Public Prosecutors
Section 19Assistant Public Prosecutors
Section 20Directorate of Prosecution

Chapter III— POWER OF COURTS

Section 21Courts by which offences are triable
Section 22Sentences which High Courts and Sessions Judges may pass
Section 23Sentences which Magistrates may pass
Section 24Sentence of imprisonment in default of fine
Section 25Sentence in cases of conviction of several offences at one trial
Section 26Mode of conferring powers
Section 27Powers of officers appointed
Section 28Withdrawal of powers
Section 29Powers 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

Section 30Powers of superior officers of police
Section 31Public when to assist Magistrates and police
Section 32Aid to person, other than police officer, executing warrant
Section 33Public to give information of certain offences
Section 34Duty of officers employed in connection with affairs of a village to make certain report

Chapter V— ARREST OF PERSONS

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

Chapter VI— PROCESSES TO COMPEL APPEARANCE

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

Chapter VII— PROCESSES TO COMPEL THE PRODUCTION OF THINGS

Section 94Summons to produce document or other thing
Section 95Procedure as to letters
Section 96When search-warrant may be issued
Section 97Search of place suspected to contain stolen property, forged documents, etc.
Section 98Power to declare certain publications forfeited and to issue search-warrants for same
Section 99Application to High Court to set aside declaration of forfeiture
Section 100Search for persons wrongfully confined
Section 101Power to compel restoration of abducted females
Section 102Direction, etc., of search-warrants
Section 103Persons in charge of closed place to allow search
Section 104Disposal of things found in search beyond jurisdiction
Section 105Recording of search and seizure through audio-video electronic means
Section 106Power of police officer to seize certain property
Section 107Attachment, forfeiture or restoration of property
Section 108Magistrate may direct search in his presence
Section 109Power to impound document, etc., produced
Section 110Reciprocal arrangements regarding processes