Bnss 2023
Bnss 2023
BHARATIYA NAGARIK
SURAKSHA SANHITA 2023,
(BNSS)
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Index HomePage
Arrangement of sections
CHAPTER I
PRELIMINARY
SECTION
1. Short title, extent and commencement.
2. Definitions.
3. Construction of references.
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other
laws.
5. Saving.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
CHAPTER III
POWER OF COURTS
CHAPTER IV
POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE
MAGISTRATES AND THE POLICE
CHAPTER V
ARREST OF PERSONS
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.—Summons
B.—Warrant of arrest
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.—Summons to produce
B.—Search-warrants
D.—Miscellaneous
CHAPTER VIII
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111. Definitions.
112. Letter of request to competent authority for investigation in a
country or place outside India.
113. Letter of request from a country or place outside India to a Court
or an authority for investigation in India.
114. Assistance in securing transfer of persons.
115. Assistance in relation to orders of attachment or forfeiture of
property.
116. Identifying unlawfully acquired property.
117. Seizure or attachment of property.
118. Management of properties seized or forfeited under this Chapter.
119. Notice of forfeiture of property.
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture.
122. Certain transfers to be null and void.
123. Procedure in respect of letter of request.
124. Application of this Chapter.
CHAPTER IX
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
CHAPTER X
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
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CHAPTER XI
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.—Unlawful assemblies
B.—Public nuisances
CHAPTER XII
PREVENTIVE ACTION OF THE POLICE
CHAPTER XIII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
CHAPTER XV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
CHAPTER XVI
COMPLAINTS TO MAGISTRATES
CHAPTER XVII
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CHAPTER XVIII
THE CHARGE
A.—Form of charges
CHAPTER XIX
TRIAL BEFORE A COURT OF SESSION
255. Acquittal.
256. Entering upon defence.
257. Arguments.
258. Judgment of acquittal or conviction.
259. Previous conviction.
260. Procedure in cases instituted under sub-section (2) of section
222.
CHAPTER XX
TRIAL OF WARRANT-CASES BY MAGISTRATES
C.-Conclusion of trial
CHAPTER XXI
TRIAL OF SUMMONS-CASES BY MAGISTRATES
CHAPTER XXII
SUMMARY TRIALS
CHAPTER XXIII
PLEA BARGAINING
CHAPTER XXIV
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
301. Definitions.
302. Power to require attendance of prisoners.
303. Power of State Government or Central Government to exclude
certain persons from operation of section 302.
304. Officer in charge of prison to abstain from carrying out order in
certain contingencies.
305. Prisoner to be brought to Court in custody.
306. Power to issue commission for examination of witness in prison.
CHAPTER XXV
EVIDENCE IN INQUIRIES AND TRIALS
CHAPTER XXVI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
CHAPTER XXVII
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
CHAPTER XXVIII
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF
JUSTICE
CHAPTER XXIX
THE JUDGMENT
392. Judgment.
393. Language and contents of judgment.
394. Order for notifying address of previously convicted offender.
395. Order to pay compensation.
396. Victim compensation scheme.
397. Treatment of victims.
398. Witness protection scheme.
399. Compensation to persons groundlessly arrested.
400. Order to pay costs in non-cognizable cases.
401. Order to release on probation of good conduct or after
admonition.
402. Special reasons to be recorded in certain cases.
403. Court not to alter judgment.
404. Copy of judgment to be given to accused and other persons.
405. Judgment when to be translated.
406. Court of Session to send copy of finding and sentence to District
Magistrate.
CHAPTER XXX
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
CHAPTER XXXI
APPEALS
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CHAPTER XXXII
REFERENCE AND REVISION
CHAPTER XXXIII
TRANSFER OF CRIMINAL CASES
CHAPTER XXXIV
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF
SENTENCES
A.—Death Sentences
B.—Imprisonment
C.—Levy of fine
CHAPTER XXXV
PROVISIONS AS TO BAIL AND BONDS
CHAPTER XXXVI
DISPOSAL OF PROPERTY
497. Order for custody and disposal of property pending trial in certain
cases.
498. Order for disposal of property at conclusion of trial.
499. Payment to innocent purchaser of money found on accused.
500. Appeal against orders under section 498 or section 499
501. Destruction of libellous and other matter.
502. Power to restore possession of immovable property.
503. Procedure by police upon seizure of property.
504. Procedure where no claimant appears within six months.
505. Power to sell perishable property.
CHAPTER XXXVII
IRREGULAR PROCEEDINGS
CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
513. Definitions.
514. Bar to taking cognizance after lapse of period of limitation.
515. Commencement of period of limitation.
516. Exclusion of time in certain cases.
517. Exclusion of date on which Court is closed.
518. Continuing offence.
519. Extension of period of limitation in certain cases.
CHAPTER XXXIX
MISCELLANEOUS
HomePage
Corresponding Section Table of BNSS with Repealed Act
10. Chief Judicial Magistrate and 12. Chief Judicial Magistrate and
Additional Chief Judicial Magistrate, Additional Chief Judicial Magistrate,
etc. etc.
35(1)
35(2) 41(2)
35(3), 35(4) 35(5), 35(6) 41A Notice of appearance before
police officer
35(7) New Sub-Section
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36. Procedure of arrest and duties of 41B. Procedure of arrest and duties
officer making arrest. of officer making arrest.
37. Designated police officer. 41C. Control room at districts.
38. Right of arrested person to 41D. Right of arrested person to
meet an advocate of his choice meet an advocate of his choice
during interrogation. during interrogation.
42. Arrest on refusal to give name
39. Arrest on refusal to give name
and residence.
and residence.
40. Arrest by private person and 43. Arrest by private person and
procedure on such arrest. procedure on such arrest.
41. Arrest by Magistrate. 44. Arrest by Magistrate.
42. Protection of members of Armed 45. Protection of members of the
Forces from arrest. Armed Forces from arrest.
43. Arrest how made. 46. Arrest how made.
43(1) 46(1)
43(2) 46(2)
43(3) New Sub-Section
43(4) 46(3)
43(5) 46(4)
56. Health and safety of arrested 55A. Health and safety of arrested
person. person.
57. Person arrested to be taken 56. Person arrested to be taken
before Magistrate or officer in charge before Magistrate or officer in charge
of police station. of police station.
58. Person arrested not to be 57. Person arrested not to be
detained more than twenty-four detained more than twenty-four
hours. hours.
59. Police to report apprehensions. 58. Police to report apprehensions.
60. Discharge of person 59. Discharge of person
apprehended. apprehended.
61. Power, on escape, to pursue and 60. Power, on escape, to pursue
retake. and retake.
62. Arrest to be made strictly 60A. Arrest to be made strictly
according to Sanhita. according to the Code.
CHAPTER VI CHAPTER VI
PROCESSES TO COMPEL PROCESSES TO COMPEL
APPEARANCE APPEARANCE
A.—Summons A.–Summons
63. Form of summons. 61. Form of summons.
64. Summons how served. 62. Summons how served.
65. Service of summons on corporate 63. Service of summons on
bodies, firms, and societies. corporate bodies and societies.
65(1)
65(2) New Sub-Section
66. Service when persons 64. Service when persons
summoned cannot be found. summoned cannot be found.
67. Procedure when service cannot 65. Procedure when service cannot
be effected as before provided. be effected as before provided.
68. Service on Government servant. 66. Service on Government servant.
69. Service of summons outside 67. Service of summons outside
local limits. local limits.
70. Proof of service in such cases 68. Proof of service in such cases
and when serving officer not present. and when serving officer not present.
70(1) 68 (1)
70(2) 68(2)
70(3) New Sub-Section
372. When accused appears to have 333. When accused appears to have
been of sound mind. been of sound mind.
373. Judgment of acquittal on ground 334. Judgment of acquittal on ground
of unsoundness of mind. of unsoundness of mind.
374. Person acquitted on ground of 335. Person acquitted on ground of
unsoundness of mind to be detained unsoundness of mind to be detained
in safe custody. in safe custody.
375. Power of State Government to 336. Power of State Government to
empower officer in charge to empower officer in charge to
discharge. discharge.
376. Procedure where prisoner of 337. Procedure where lunatic
unsound mind is reported capable of prisoner is reported capable of
making his defence. making his defence.
377. Procedure where person of 338. Procedure where lunatic
unsound mind detained is declared fit detained is declared fit to be
to be released. released.
378. Delivery of person of unsound 339. Delivery of lunatic to care of
mind to care of relative or friend. relative or friend.
CHAPTER XXVIII CHAPTER XXVI
PROVISIONS AS TO OFFENCES PROVISIONS AS TO OFFENCES
AFFECTING THE AFFECTING THE
ADMINISTRATION OF JUSTICE ADMINISTRATION OF JUSTICE
379. Procedure in cases mentioned in 340. Procedure in cases mentioned in
section 215. section 195
380. Appeal. 341. Appeal.
381. Power to order costs. 342. Power to order costs.
382. Procedure of Magistrate taking 343. Procedure of Magistrate taking
cognizance. cognizance.
383. Summary procedure for trial for 344. Summary procedure for trial for
giving false evidence. giving false evidence.
384. Procedure in certain cases of 345. Procedure in certain cases of
contempt. contempt.
385. Procedure where Court 346. Procedure where Court
considers that case should not be considers that case should not be
dealt with under section 384. dealt with under section 345.
386. When Registrar or Sub-Registrar 347. When Registrar or Sub-Registrar
to be deemed a Civil Court. to be deemed a Civil Court.
387. Discharge of offender on 348. Discharge of offender on
submission of apology. submission of apology.
388. Imprisonment or committal of 349. Imprisonment or committal of
person refusing to answer or produce person refusing to answer or produce
document. document.
389. Summary procedure for 350. Summary procedure for
punishment for non-attendance by a punishment for non-attendance by a
witness in obedience to summons. witness in obedience to summons.
390. Appeals from convictions under 351. Appeals from convictions under
sections 383, 384, 388 and 389. sections 344, 345, 349 and 350.
391. Certain Judges and Magistrates 352. Certain Judges and Magistrates
not to try certain offences when not to try certain offences when
committed before themselves. committed before themselves.
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438. Calling for records to exercise 397. Calling for records to exercise
powers of revision. powers of revision.
439. Power to order inquiry. 398. Power to order inquiry.
440. Sessions Judge’s powers of 399. Sessions Judge’s powers of
revision. revision.
441. Power of Additional Sessions 400. Power of Additional Sessions
Judge. Judge.
442. High Court’s powers of revision. 401. High Court’s powers of revision.
443. Power of High Court to withdraw 402. Power of High Court to withdraw
or transfer revision cases. or transfer revision cases.
444. Option of Court to hear parties. 403. Option of Court to hear parties.
Deleted 404. Statement by Metropolitan
Magistrate of grounds of his
decision to be considered by High
Court.
445. High Court’s order to be certified 405. High Court’s order to be certified
to lower Court. to lower Court.
CHAPTER XXXIII CHAPTER XXXI
TRANSFER OF CRIMINAL CASES TRANSFER OF CRIMINAL CASES
446. Power of Supreme Court to 406. Power of Supreme Court to
transfer cases and appeals. transfer cases and appeals.
447. Power of High Court to transfer 407. Power of High Court to transfer
cases and appeals. cases and appeals.
448. Power of Sessions Judge to 408. Power of Sessions Judge to
transfer cases and appeals. transfer cases and appeals.
449. Withdrawal of cases and appeals 409. Withdrawal of cases and appeals
by Sessions Judges. by Sessions Judge.
450. Withdrawal of cases by Judicial 410. Withdrawal of cases by Judicial
Magistrates. Magistrate.
451. Making over or withdrawal of 411. Making over or withdrawal of
cases by Executive Magistrates. cases by Executive Magistrates.
452. Reasons to be recorded. 412 Reasons to be recorded.
CHAPTER XXXIV CHAPTER XXXII
EXECUTION, SUSPENSION, EXECUTION, SUSPENSION,
REMISSION AND COMMUTATION REMISSION AND COMMUTATION
OF SENTENCES OF SENTENCES
A.—Death Sentences A.—Death Sentences
453. Execution of order passed under 413. Execution of order passed under
section 409 section 368
454. Execution of sentence of death 414. Execution of sentence of death
passed by High Court. passed by High Court.
455. Postponement of execution of 415. Postponement of execution of
sentence of death in case of appeal sentence of death in case of appeal
to Supreme Court. to Supreme Court.
456. Commutation of sentence of 416. Postponement of capital
death on pregnant woman. sentence on pregnant woman.
B.—Imprisonment B.—Imprisonment
457. Power to appoint place of 417. Power to appoint place of
imprisonment. imprisonment.
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479. Maximum period for which 436A. Maximum period for which
undertrial prisoner can be detained. undertrial prisoner can be detained.
480. When bail may be taken in case 437. When bail may be taken in case
of non-bailable offence. of non-bailable offence.
481. Bail to require accused to 437A. Bail to require accused to
appear before next appellate Court. appear before next appellate Court.
482. Direction for grant of bail to 438. Direction for grant of bail to
person apprehending arrest. person apprehending arrest.
483. Special powers of High Court or 439. Special powers of High Court or
Court of Session regarding bail. Court of Session regarding bail.
484. Amount of bond and reduction 440. Amount of bond and reduction
thereof. thereof.
485. Bond of accused and sureties. 441. Bond of accused and sureties.
486. Declaration by sureties. 441A. Declaration by sureties.
487. Discharge from custody. 442. Discharge from custody.
488. Power to order sufficient bail 443. Power to order sufficient bail
when that first taken is insufficient. when that first taken is insufficient
489. Discharge of sureties. 444. Discharge of sureties.
490. Deposit instead of recognizance. 445. Deposit instead of recognizance.
491. Procedure when bond has been 446. Procedure when bond has been
forfeited. forfeited.
492. Cancellation of bond and bail 446A. Cancellation of bond and bail
bond. bond.
493. Procedure in case of insolvency 447. Procedure in case of insolvency
or death of surety or when a bond is or death of surety or when a bond is
forfeited. forfeited.
494. Bond required from child. 448. Bond required from minor.
495. Appeal from orders under 449. Appeal from orders under
section 491. section 446.
496. Power to direct levy of amount 450. Power to direct levy of amount
due on certain recognizances. due on certain recognizances.
CHAPTER XXXVI CHAPTER XXXIV
DISPOSAL OF PROPERTY DISPOSAL OF PROPERTY
497. Order for custody and disposal 451. Order for custody and disposal
of property pending trial in certain of property pending trial in certain
cases. cases.
497(2) New Sub-Section
497(3) New Sub-Section
497(4) New Sub-Section
497(5) New Sub-Section
498. Order for disposal of property at 452. Order for disposal of property at
conclusion of trial. conclusion of trial.
499. Payment to innocent purchaser 453. Payment to innocent purchaser
of money found on accused. of money found on accused.
500. Appeal against orders under 454. Appeal against orders under
section 498 or section 499. section 452 or section 453.
501. Destruction of libellous and 455 Destruction of libellous and other
other matter. matter.
502. Power to restore possession of 456 Power to restore possession of
immovable property. immovable property.
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property trespassed
upon.
House-trespass 329(4) The person in
possession of the
property trespassed
upon.
House-trespass to 332(c) The person in
commit an offence possession of the
(other than theft) property trespassed
punishable with upon.
imprisonment
Using a false trade or 345(3) The person to whom
property mark loss or injury is caused
by such use.
Counterfeiting a 347(I) The person to whom
property mark used by loss or injury is caused
another by such use.
Selling goods marked 349 The person to whom
with a counterfeit loss or injury is caused
property mark by such use.
Criminal intimidation 351(2), 351(3) The person intimidated
Insult intended to 352 The person insulted
provoke a breach of
peace
Inducing person to 354 The person induced
believe himself an
object of divine
displeasure
Defamation, except 356(2) The person defamed
such cases as are
specified against
section 356(2) of the
Bharatiya Nyaya
Sanhita, 2023, column
1 of the table under
sub-section (2)
Printing or engraving 356(3) The person defamed
matter, knowing it to
be defamatory
Sale of printed or 356(4) The person defamed
engraved substance
containing defamatory
matter, knowing it to
contain such matter.
Criminal breach of 357 The person with whom
contract of service the offender has
contracted.
(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita,
2023 specified in the first two columns of the Table next following may, with the
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permission of the Court before which any prosecution for such offence is pending,
be compounded by the persons mentioned in the third column of that Table: —
(3) When an offence is compoundable under this section, the abetment of such
offence or an attempt to commit such offence (when such attempt is itself an
offence) or where the accused is liable under sub-section (5) of section 3 or section
190 of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner.
(4) (a) When the person who would otherwise be competent to compound an
offence under this section is a child or of unsound mind, any person competent to
contract on his behalf may, with the permission of the Court, compound such
offence;
(b) When the person who would otherwise be competent to compound an
offence under this section is dead, the legal representative, as defined in the Code
of Civil Procedure, 1908 of such person may, with the consent of the Court,
compound such offence.
(5) When the accused has been committed for trial or when he has been
convicted and an appeal is pending, no composition for the offence shall be allowed
without the leave of the Court to which he is committed, or, as the case may be,
before which the appeal is to be heard.
(6) A High Court or Court of Session acting in the exercise of its powers of
revision under section 442 may allow any person to compound any offence which
such person is competent to compound under this section.
(7) No offence shall be compounded if the accused is, by reason of a previous
conviction, liable either to enhanced punishment or to a punishment of a different
kind for such offence.
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HomePage
THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya
Sanhita, the entries in the second and third columns against
a section the number of which is given in the first column are
not intended as the definition of, and the punishment
prescribed for, the offence in the Bharatiya Nyaya Sanhita,
but merely as indication of the substance of the section.
(2) In this Schedule, (i) the expression "Magistrate of the first
class" and "any Magistrate" does not include Executive
Magistrates; (ii) the word "cognizable" stands for "a police
officer may arrest without warrant"; and (iii) the word "non-
cognizable" stands for "a police officer shall not arrest without
warrant".
I. —OFFENCES UNDER THE BHARATIYA NYAYA SANHITA
Cognizable
Section Offence Punishment or Bailable or By what
Non- Non- bailable Court
cognizabl triable
e
1 2 3 4 5 6
Abetment of Same as for According as According as Court by
49 any offence, offence abetted. offence offence abetted which
if the act abetted is is bailable or offence
abetted is cognizable or non-bailable. abetted is
committed in non- triable.
consequence, cognizable.
and where no
express
provision is
made for its
punishment.
50 Abetment of Same as for According as According as Court by
any offence, offence abetted. offence offence abetted which
if the person abetted is is bailable or offence
abetted does cognizable non-bailable. abetted is
act with or non- triable.
different cognizable.
intention
from that of
abettor.
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the remainder of
that person's
natural life and
fine.
65(2) Persons Rigorous Cognizable. Non-bailable. Court of
committing imprisonment for Session.
offence of rape not less than 20
on a woman years but which
under twelve may extend to
years of age. imprisonment for
life which shall
mean
imprisonment for
the remainder of
that person's
natural life and
with fine or
death.
66 Person Rigorous Cognizable. Non-bailable. Court of
committing an imprisonment for Session.
offence of rape not less than 20
and inflicting years but which
injury which may extend to
causes death imprisonment for
or causes the life which shall
woman to be mean
in a persistent imprisonment for
vegetative the remainder of
state. that person's
natural life or
death.
67 Sexual Imprisonment for Cognizable Bailable. Court of
intercourse by not less than 2 (only on the Session.
husband upon years but which complaint of
his wife during may extend to 7 the victim).
separation. years and fine.
68 Sexual Rigorous Cognizable. Non-bailable. Court of
intercourse by imprisonment for Session.
a person in not less than 5
authority, etc. years, but which
may extend to 10
years and fine.
69 Sexual Imprisonment Cognizable. Non-bailable. Court of
intercourse by which may Session.
employing extend to 10
deceitful years and fine.
means, etc.
70(1) Gang rape. Rigorous Cognizable. Non-bailable. Court of
imprisonment for Session.
not less than 20
years but which
may extend to
imprisonment for
life which shall
mean
imprisonment for
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the remainder of
that person's
natural life and
fine.
70(2) Gang rape on Imprisonment for Cognizable. Non-bailable. Court of
a woman life which shall Session.
under eighteen mean
years of age. imprisonment for
the remainder of
that person's
natural life and
with fine or with
death.
71 Repeat Imprisonment for Cognizable. Non-bailable. Court of
offenders. life which shall Session.
mean
imprisonment for
the remainder of
that person's
natural life or
with death.
72(1) Disclosure of Imprisonment for Cognizable. Bailable. Any
identity of the 2 years and fine. Magistrate.
victim of
certain
offences, etc.
73 Printing or Imprisonment for Cognizable. Bailable. Any
publication of a 2 years and fine. Magistrate.
proceeding
without prior
permission of
court.
74 Assault or use Imprisonment for Cognizable. Non-bailable. Any
of criminal 1 year which may Magistrate.
force to extend to 5 years
woman with and fine.
intent to
outrage her
modesty.
75(2) Sexual Rigorous Cognizable. Non-bailable. Court of
harassment imprisonment Session.
and with 3 years, or
punishment for fine, or both.
sexual
harassment
specified in
clause (i) or
clause (ii) or
clause (iii) of
sub-section
(1).
75(3) Sexual Imprisonment for Cognizable. Non-bailable. Court of
harassment 1 year, or fine, or Session.
and both.
punishment for
sexual
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harassment
specified in
clause (iv) of
sub- section
(1).
76 Assault or use Imprisonment for Cognizable. Non-bailable. Court of
of criminal not less than 3 Session.
force to years but which
woman with may extend to 7
intent to years and fine.
disrobe.
77 Voyeurism. Imprisonment for Cognizable. Bailable. Court of
not less than 1 Session.
year but which
may extend to 3
years and fine.
Second or Imprisonment for Cognizable. Non-bailable. Court of
subsequent not less than 3 Session.
conviction. years but which
may extend to 7
years and fine.
78(2) Stalking. Imprisonment up Cognizable. Bailable. Any
to 3 years and Magistrate.
fine.
Second or Imprisonment up Cognizable. Non-bailable. Any
subsequent to 5 years and Magistrate.
conviction. fine.
79 Uttering any Simple Cognizable. Bailable. Any
word or imprisonment for Magistrate.
making any 3 years and fine.
gesture
intended to
insult the
modesty of a
woman, etc.
80(2) Dowry death. Imprisonment for Cognizable. Non-bailable. Court of
not less than 7 Session.
years but which
may extend to
imprisonment for
life.
81 A man by Imprisonment for Non- Non-bailable. Magistrate
deceit causing 10 years and cognizable. of the first
a woman not fine. class.
lawfully
married to him
to believe, that
she is lawfully
married to him
and to cohabit
with him in
that belief.
82(1) Marrying again Imprisonment for Non- Bailable. Magistrate
during the life 7 years and fine. cognizable. of the first
time of a class.
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husband or
wife.
category as
may be
notified by
the State
Government
in this behalf.
87 Kidnapping, Imprisonment for Cognizable. Non-bailable. Court of
abducting or 10 years and Session.
inducing fine.
woman to
compel her
marriage, etc.
88 Causing Imprisonment for Non- Bailable. Magistrate
miscarriage. 3 years, cognizable. of the first
or fine, or both. class.
If the woman Imprisonment for Non- Bailable. Magistrate
be quick with 7 years and fine. cognizable. of the first
child. class.
89 Causing Imprisonment for Cognizable. Non-bailable. Court of
miscarriage life, or Session.
without imprisonment for
women's 10 years and
consent. fine.
90(1) Death caused Imprisonment for Cognizable. Non-bailable. Court of
by an act done 10 years and Session.
with intent to fine.
cause
miscarriage.
90(2) If act done Imprisonment for Cognizable. Non-bailable. Court of
without life, or as above. Session.
women's
consent.
91 Act done with Imprisonment for Cognizable. Non-bailable. Court of
intent to 10 years, Session.
prevent a child or fine, or both.
being born
alive, or to
cause it to die
after its birth.
92 Causing death Imprisonment for Cognizable. Non-bailable. Court of
of a quick 10 years and Session.
unborn child fine.
by an act
amounting to
culpable
homicide.
93 Exposure of a Imprisonment for Cognizable. Bailable. Magistrate
child under 12 7 years, or fine, of the first
years of age or both. class.
by parent or
person having
care of it with
intention of
wholly
abandoning it.
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restoration of
property, etc.
121(1) Voluntarily Imprisonment for Cognizable. Non-bailable. Magistrate
causing hurt to 5 years, or fine, of the first
deter public or both. class.
servant from
his duty.
121(2) Voluntarily Imprisonment Cognizable. Non-bailable. Court of
causing not less than 1 Session.
grievous hurt year, or
to deter public imprisonment for
servant from 10 years and
his duty. fine.
122(1) Voluntarily Imprisonment for Non- Bailable. Any
causing hurt 1 month, or fine cognizable. Magistrate.
on grave and of 5,000 rupees,
sudden or both.
provocation,
not intending
to hurt any
other than the
person who
gave the
provocation.
122(2) Causing Imprisonment for Cognizable. Bailable. Magistrate
grievous hurt 5 years, or fine of the first
on grave and of 10,000 rupees, class.
sudden or both.
provocation,
not intending
to hurt any
other than the
person who
gave the
provocation.
123 Causing hurt Imprisonment for Cognizable. Non-bailable. Court of
by means of 10 years and Session.
poison, etc., fine.
with intent to
commit an
offence.
124(1) Voluntarily Imprisonment for Cognizable. Non-bailable. Court of
causing not less than 10 Session.
grievous hurt years but which
by use of acid, may extend to
etc. imprisonment for
life and fine.
124(2) Voluntarily Imprisonment for Cognizable. Non-bailable. Court of
throwing or 5 years but which Session.
attempting to may extend to 7
throw acid. years and fine.
125 Doing any act Imprisonment for Cognizable. Bailable. Any
endangering 3 months, or fine Magistrate.
human life or of 2,500 rupees,
personal safety or both.
of others.
P a g e | 279
restoration of
property, etc.
131 Assault or Imprisonment for Non- Bailable. Any
criminal force 3 months, or fine cognizable. Magistrate.
otherwise than of 1,000 rupees,
on grave or both.
provocation.
132 Assault or use Imprisonment for Cognizable. Non-bailable. Any
of criminal 2 years, or fine, Magistrate.
force to deter or both.
public servant
from discharge
of his duty.
133 Assault or Imprisonment for Non- Bailable. Any
criminal force 2 years, or fine, cognizable. Magistrate.
with intent to or both.
dishonour a
person,
otherwise than
on grave and
sudden
provocation.
134 Assault or Imprisonment for Cognizable. Bailable. Any
criminal force 2 years, or fine, Magistrate.
in attempt to or both.
commit theft
of property
worn or carried
by a person.
135 Assault or use Imprisonment for Cognizable. Bailable. Any
of criminal 1 year, or fine of Magistrate.
force in 5,000 rupees, or
attempt both.
wrongfully to
confine a
person.
136 Assault or use Simple Non- Bailable. Any
of criminal imprisonment for cognizable. Magistrate.
force on grave one month, or
and sudden fine of 1,000
provocation. rupees, or both.
137(2) Kidnapping. Imprisonment for Cognizable. Bailable. Magistrate
7 years and fine. of the first
class.
139(1) Kidnapping a Rigorous Cognizable. Non-bailable. Magistrate
child for imprisonment not of the first
purposes of be less than 10 class.
begging. years but which
may extend to
imprisonment for
life, and fine.
139(2) Maiming a Imprisonment Cognizable. Non-bailable. Court of
child for not be less than Session.
purposes of 20 years which
begging. may extend to
remainder of that
P a g e | 281
person's natural
life, and fine.
140(1) Kidnapping or Imprisonment for Cognizable. Non-bailable. Court of
abducting in life, or rigorous Session.
order to imprisonment for
murder. 10 years and
fine.
140(2) Kidnapping for Death, or Cognizable. Non-bailable. Court of
ransom, etc. imprisonment for Session.
life and fine.
140(3) Kidnapping or Imprisonment for Cognizable. Non-bailable. Magistrate
abducting with 7 years and fine. of the first
intent secretly class.
and wrongfully
to confine a
person.
140(4) Kidnapping or Imprisonment for Cognizable. Non-bailable. Court of
abducting in 10 years and Session.
order to fine.
subject a
person to
grievous hurt,
slavery, etc.
141 Importation of Imprisonment for Cognizable. Non-bailable. Court of
a girl or boy 10 years and Session.
from foreign fine.
country.
142 Wrongfully Punishment for Cognizable. Non-bailable. Court by
concealing or kidnapping or which the
keeping in abduction. kidnapping
confinement, or abduction
kidnapped or is triable.
abducted
person.
143(2) Trafficking of Rigorous Cognizable. Non-bailable. Court of
person. imprisonment for Session.
not less than 7
years but which
may extend to 10
years and fine.
143(3) Trafficking of Rigorous Cognizable. Non-bailable. Court of
more than one imprisonment for Session.
person. not less than 10
years but which
may extend to
imprisonment for
life and fine.
143(4) Trafficking of a Rigorous Cognizable. Non-bailable. Court of
child. imprisonment for Session.
not less than 10
years but which
may extend to
imprisonment for
life and fine.
P a g e | 282
person in
charge thereof.
166 Abetment of Imprisonment for Cognizable. Bailable. Any
act of 2 years, or fine, Magistrate.
insubordinatio or both.
n by an officer,
soldier, sailor
or airman if
the offence be
committed in
consequence.
168 Wearing garb Imprisonment for Cognizable. Bailable. Any
or carrying 3 months, or fine Magistrate.
token used by of 2,000 rupees,
soldier, sailor or both.
or airman.
173 Bribery. Imprisonment for Non- Bailable. Magistrate
1 year or fine, or cognizable. of the first
both, or if class.
treating only, fine
only.
174 Undue Imprisonment for Non- Bailable. Magistrate
influence or 1 year, or fine, or cognizable. of the first
personation at both. class.
an election.
175 False Fine. Non- Bailable. Magistrate
statement in cognizable. of the first
connection class.
with an
election.
176 Illegal Fine of 10,000 Non- Bailable. Magistrate
payments in rupees. cognizable. of the first
connection class.
with elections.
177 Failure to keep Fine of 5,000 Non- Bailable. Magistrate
election rupees. cognizable. of the first
accounts. class.
178 Counterfeiting Imprisonment for Cognizable. Non-bailable. Court of
coins, life, or Session.
government imprisonment for
stamps, 10 years and
currency-notes fine.
or bank-notes.
179 Using as Imprisonment for Cognizable. Non-bailable. Court of
genuine forged life, or Session.
or counterfeit imprisonment for
coin, 10 years and
Government fine.
stamp
currency-notes
or bank-notes.
180 Possession of Imprisonment for Cognizable. Non-bailable. Court of
forged or 7 years, or fine, Session.
counterfeit or both.
coin,
P a g e | 286
Government
stamp,
currency-notes
or bank-notes.
181 Making, Imprisonment for Cognizable. Non-bailable. Court of
buying, selling life, or Session.
or possessing imprisonment for
machinery, 10 years and
instrument or fine.
material for
forging or
counterfeiting
coins,
Government
stamp,
currency-notes
or bank-notes.
182(1) Making or Fine of 300 Non- Bailable. Any
using rupees. cognizable. Magistrate.
documents
resembling
currency-notes
or bank-notes.
182(2) On refusal to Fine of 600 Non- Bailable. Any
disclose the rupees. cognizable. Magistrate.
name and
address of the
printer.
183 Effacing any Imprisonment for Cognizable. Bailable. Magistrate
writing from a 3 years, or fine, of the first
substance or both. class.
bearing a
Government
stamp,
removing from
a document a
stamp used for
it, with intent
to cause a loss
to
Government.
184 Using a Imprisonment for Cognizable. Bailable. Any
Government 2 years, or fine, Magistrate.
stamp known or both.
to have been
before used.
185 Erasure of Imprisonment for Cognizable. Bailable. Magistrate
mark denoting 3 years, or fine, of the first
that stamps or both. class.
have been
used.
186 Fictitious Fine of 200 Cognizable. Bailable. Any
stamps. rupees. Magistrate.
187 Person Imprisonment for Cognizable. Non-bailable. Magistrate
employed in a 7 years and fine. of the first
Mint causing class.
P a g e | 287
coin to be of a
different
weight or
composition
from that fixed
by law.
188 Unlawfully Imprisonment for Cognizable. Non-bailable. Magistrate
taking from a 7 years and fine. of the first
Mint any class.
coining
instrument.
189(2) Being member Imprisonment for Cognizable. Bailable. Any
of an unlawful 6 months, or Magistrate.
assembly. fine, or both.
189(3) Joining or Imprisonment for Cognizable. Bailable. Any
continuing in 2 years, or fine, Magistrate.
an unlawful or both.
assembly,
knowing that it
has been
commanded to
disperse.
189(4) Joining an Imprisonment for Cognizable. Bailable. Any
unlawful 2 years, or fine, Magistrate.
assembly or both.
armed with
any deadly
weapon.
189(5) Knowingly Imprisonment for Cognizable. Bailable. Any
joining or 6 months, or Magistrate.
continuing in fine, or both.
any assembly
of five or more
persons after it
has been
commanded to
disperse.
189(6) Hiring, The same as for Cognizable. According as The Court
engaging or a member of offence is by which the
employing such assembly, bailable or non- offence is
persons to and for any bailable. triable.
take part in an offence
unlawful committed by
assembly. any member of
such assembly.
189(7) Harbouring Imprisonment for Cognizable. Bailable. Any
persons hired 6 months, or Magistrate.
for an unlawful fine, or both.
assembly.
189(8) Being hired to Imprisonment for Cognizable. Bailable. Any
take part in an 6 months, or Magistrate.
unlawful fine, or both.
assembly or
riot.
P a g e | 288
Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
211(a) Intentional Simple Non- Bailable. Any
omission to imprisonment for cognizable. Magistrate.
give notice or 1 month, or fine
information to of 5,000 rupees,
public servant or both.
by person
legally bound
to give it.
211(b) If the notice or Simple Non- Bailable. Any
information imprisonment for cognizable. Magistrate.
required 6 months, or fine
respects the of 10,000 rupees,
commission of or both.
an offence,
etc.
211(c) If the notice or Imprisonment for Non- Bailable. Any
information is 6 months, or fine cognizable. Magistrate.
required by an of 1,000 rupees,
order passed or both.
under sub-
section (1) of
section 394 of
this Sanhita.
212(a) Knowingly Simple Non- Bailable. Any
furnishing false imprisonment for cognizable. Magistrate.
information to 6 months, or fine
public servant. of 5,000 rupees,
or both.
212(b) If the Imprisonment for Non- Bailable. Any
information 2 years, or fine, cognizable. Magistrate.
required or both.
respects the
commission of
an offence,
etc.
213 Refusing oath Simple Non- Bailable. The Court in
when duly imprisonment for cognizable. which the
required to 6 months, or fine offence is
take oath by a of 5,000 rupees, committed,
public servant. or both. subject to
the
provisions of
Chapter
XXVIII; or,
if not
committed,
in a Court,
any
Magistrate.
P a g e | 293
power.
which is by triable.
law
receivable
as evidence.
237 Using as The same as Non- Bailable. Court by
true any for giving cognizable. which offence
such false of giving false
declaration evidence. evidence is
known to triable.
be false.
238(a) Causing Imprisonment According Bailable. Court of
disappearan for 7 years as the Session.
ce of and fine. offence in
evidence of relation to
an offence which
committed, disappear
or giving ance of
false evidence
information is caused
touching it is
to screen the cognizable
offender, if a or non-
capital cognizable
offence. .
238(b) If punishable Imprisonment Non- Bailable. Magistrate of
with for 3 years and cognizable. the first class.
imprisonmen fine.
t for life or
imprisonmen
t for 10
years.
238(c) If Imprisonment Non- Bailable. Court by
punishable for one- fourth cognizable. which the
with less of the longest offence is
than 10 term provided triable.
years' for the
imprisonmen offence, or
t. fine, or both.
239 Intentional Imprisonment Non- Bailable. Any
omission for cognizable. Magistrate.
to give 6 months, or
information fine of 5,000
of an rupees, or
offence by a both.
person
legally
bound to
inform.
240 Giving false Imprisonment Non- Bailable. Any
information for 2 years, or cognizable. Magistrate.
respecting fine, or both.
P a g e | 299
an offence
committed.
241 Secreting or Imprisonment Non- Bailable. Magistrate of
destroying for 3 years, or cognizable. the first class.
any fine of 5,000
document to rupees, or
prevent its both.
production
as evidence.
242 False Imprisonment Non- Bailable. Magistrate
personatio for 3 years, or cognizable of the first
n for the fine, or both. . class.
purpose of
any act or
proceeding
in a suit or
criminal
prosecutio
n, or for
becoming
bail or
security.
243 Fraudulent Imprisonment Non- Bailable. Any
removal or for 3 years, or cognizable Magistrate.
concealme fine, of 5,000 .
nt, etc., of rupees,
property or both.
to prevent
its seizure
as a
forfeiture
or in
satisfactio
n of a fine
under
sentence,
or in
execution
of a
decree.
P a g e | 300
after it has
been
satisfied.
ent for 10
years.
person
having
authority,
who knows
that he is
acting
contrary to
law.
259(a) Intentional Imprisonment According Bailable. Magistrate of
omission to for 7 years, as the the first
apprehend with or offence in class.
on the part without fine. relation to
of a public which
servant such
bound by omission
law to has been
apprehend made is
an cognizabl
offender, if e or non-
the cognizabl
offence is e.
punishable
with death.
259(b) If Imprisonment Cognizable Bailable. Magistrate of
punishable for 3 years, . the first
with with or class.
imprisonme without fine.
nt for life or
imprisonme
nt for 10
years.
259(c) If Imprisonment Cognizable Bailable. Magistrate of
punishable for 2 years, . the first
with with or class.
imprisonm without fine.
ent for
less than
10 years.
260(a) Intentional Imprisonment Cognizable Non- Court of
omission to for life, or . bailable. Session.
apprehend imprisonment
on the part for 14 years,
of a public with or
servant without fine.
bound by
law to
apprehend
person
P a g e | 306
under
sentence of
a Court if
under
sentence of
death.
260(b) If under Imprisonment Cognizable Non- Magistrate of
sentence of for 7 years, . bailable. the first
imprisonme with or class.
nt for life or without fine.
imprisonme
nt for 10
years, or
upwards.
260(c) If under Imprisonment Cognizable Bailable. Magistrate of
sentence of for 3 years, or . the first
imprisonme fine, or both. class.
nt for less
than 10
years or
lawfully
committed
to custody.
261 Escape Simple Non- Bailable. Any
from imprisonment cognizable Magistrate.
confinemen for 2 years, .
t or fine, or
negligently both.
suffered by
a public
servant.
262 Resistance Imprisonment Cognizable Bailable. Any
or for 2 years, or . Magistrate.
obstruction fine, or both.
by a
person to
his lawful
apprehensi
on.
263(a) Resistance Imprisonment Cognizable Bailable. Any
or for 2 years, or . Magistrate.
obstruction fine, or both.
to the lawful
apprehensio
n of any
person, or
rescuing him
from lawful
P a g e | 307
custody.
constructi
ng
buildings,
etc.
291 Negligent Imprisonment Cognizable. Bailable. Any
conduct for 6 months, Magistrate.
with or fine of
respect to 5,000
animal. rupees, or
both.
292 Fine of 1,000 Non- Bailable Any
Committing
rupees. cognizable. Magistrate.
public
nuisance in
cases not
otherwise
provided for.
293 Continuance Simple Cognizable. Baila Any
of nuisance imprisonmen ble. Magistrate.
after t for 6
injunction to months, or
discontinue. fine of 5,000
rupees, or
both.
294(2) Sale, On first Cognizable. Baila Any
etc., of conviction, ble. Magistrate.
obscene with
books, imprisonment
etc. for 2 years,
and with fine
of
5,000
rupees, and,
in the event
of second or
subsequent
conviction,
with
imprisonmen
t for
5 years,
and with
fine of
10,000
rupees.
P a g e | 313
acts,
intended to
outrage
religious
feelings of
any class by
insulting its
religion or
religious
beliefs.
300 Disturbing Imprisonment Cognizable. Bailable. Any
religious for 1 year, or Magistrate.
assembly. fine, or both.
301 Trespassin Imprisonment Cognizable. Bailable. Any
g on burial for 1 year, or Magistrate.
places, fine, or both.
etc.
302 Uttering Imprisonment Non- Bailable. Any
words, etc., for 1 year, or cognizable. Magistrate.
with fine, or both.
deliberate
intent to
wound
religious
feelings.
303(2) Theft. Rigorous Cognizable. Non- Any
imprisonmen bailable. Magistrate.
t for not be
less than
1 year but
which may
extend to 5
years and
fine.
Where Upon return Non- Bailable. Any
value of of the value cognizable. Magistrate.
property is of property or
less than restoration of
5,000 the stolen
rupees. property, shall
be punished
with
community
service.
304(2) Snatching. Imprison Cognizable. Non- Any
ment for bailable. Magistrate.
P a g e | 315
3 years
and fine.
305 Theft in a Imprison Cognizable. Non- Any
dwelling ment for bailable. Magistrate.
house, or 7 years
means of and fine.
transportati
on or place
of worship,
etc.
306 Theft by Imprison Cognizable. Non- Any
clerk or ment for bailable. Magistrate.
servant of 7 years
property in and fine.
possession
of master
or
employer.
307 Theft after Rigorous Cognizable. Non- Magistrate of
preparatio imprisonmen bailable. the first
n made for t for 10 class.
causing years and
death, hurt fine.
or restraint
in order
to the
committing
of theft.
308(2) Extortion. Imprisonme Cognizable. Non- Magistrate of
nt for 7 bailable. the first
years, or class.
fine, or
both.
308(3) Putting or Imprisonment Cognizable. Bailable. Any
attempting for 2 years, or Magistrate.
to put in fine, or both.
fear of
injury,
inorder to
commit
extortion.
308(4) Putting or Imprisonment Cognizable. Non- Magistrate of
attempting for 7 years bailable. the first
to put a and fine. class.
person in
fear of
P a g e | 316
death or
grievous
hurt in
order to
commit
extortion.
308(5) Extortion Imprisonment Cognizable Non- Magistrate of
by putting for 10 years . bailable. the first
a person in and fine. class.
fear of
death or
grievous
hurt.
308(6) Putting a Imprisonment Cognizable Bailable. Magistrate of
person in for 10 years . the first
fear and fine. class.
of
accusation
of an
offence
punishable
with death,
imprisonme
nt for life,
or
imprisonme
nt for 10
years in
order to
commit
extortion.
308(7) Extortion by Imprisonment Cognizable Bailable. Magistrate of
threat of for 10 years . the first
accusation of and fine. class.
an offence
punishable
with death,
imprisonmen
t for life, or
imprisonmen
t for 10
years.
309(4) Robbery. Rigorous Cognizable Non- Magistrate of
imprisonment . bailable. the first
for 10 years class.
and fine.
If robbery Rigorous Cognizable Non- Magistrate of
committed imprisonment . bailable. the first
P a g e | 317
mmittingdac
oity.
or fine, or
both.
of himself or
any other
person or
assisting in
the
doing thereof,
or dishonestly
releasing any
demand or
claim to
which he is
entitled.
324(2) Mischief. Imprisonment Non- Bailable. Any
for cognizable. Magistrate.
6 months, or
fine, or both.
324(3) Mischief Imprisonment Non- Bailable. Any
causing loss for 1 year, or cognizable. Magistrate.
or damage fine, or both.
to any
property
including
property of
Government
or Local
Authority.
324(4) Mischief Imprisonment Non- Bailable. Any
causing loss for 2 years, or cognizable. Magistrate.
or damage to fine, or both.
P a g e | 322
the amount
of twenty
thousand
rupees but
less than 2
lakh rupees.
324(5) Mischief Imprisonment Cognizable. Bailable. Magistrate of
causing loss for 5 years, or the first
or damage fine, or both. class.
to the
amount of
one lakh
rupees or
upwards.
324(6) Mischief Imprisonment Cognizable. Bailable. Magistrate of
with for 5 years, the first
preparation and fine. class.
for causing
to any
person
death, or
hurt, or
wrongful
restraint, or
fear of
death, or of
hurt, or of
wrongful
restraint.
325 Mischief by Imprisonment Cognizable. Bailable. Magistrate of
killing or for 5 years, the first
maiming or fine, or class.
animal. both.
326(a) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
causing for 5 years, or the first
diminution fine, or both. class.
of supply of
water for
agricultural
purposes,
etc.
326(b) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
injury to for 5 years, or the first
public road, fine, or both. class.
bridge,
navigable
river, or
navigable
channel, and
rendering it
impassable
P a g e | 323
or less safe
for travelling
or
conveying
property.
326(c) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
causing for 5 years, or the first
inundation with fine, or class.
or with both.
obstruction
to public
drainage
attended
with
damage.
326(d) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
destroying for 7 years, or the first
or moving or fine, or both. class.
rendering
less useful a
lighthouse or
seamark, or
by exhibiting
false lights.
326(e) Mischief by Imprisonment Non- Bailable. Any
destroying for 1 year, or cognizable. Magistrate.
or moving, fine, or both.
etc., a
landmark
fixed by
public
authority.
326(f) Mischief by Imprisonment Cognizable. Bailable. Magistrate of
fire or for 7 years the first
explosive and fine. class.
substance
with intent
to cause
damage.
326(g) Mischief by Imprisonment Cognizable. Non- Court of
fire or for life, or bailable. Session.
explosive imprisonment
substance for 10 years
with intent to and fine.
destroy a
house, etc.
327(1) Mischief Imprisonment Cognizable. Non- Court of
with intent for 10 years bailable. Session.
to destroy and fine.
or make
unsafe a
P a g e | 324
decked
vessel or a
vessel of
20 tonnes
burden.
327(2) The Imprisonment Cognizable. Non- Court of
mischief for life, or bailable. Session.
described imprisonment
in the last for 10 years
section and fine.
when
committed
by fire or
any
explosive
substance.
328 Running Imprisonment Cogniza Non- Court of
vessel with for 10 years ble. bailable. Session.
intent and fine.
to commit
theft, etc.
329(3) Criminal Imprisonment Cogniza Bailable. Any
trespass. for ble. Magistrate.
3 months, or
fine of
5,000 rupees,
or both.
329(4) House- Imprisonment Cogniza Bailable. Any
trespass. for 1 year, ble. Magistrate.
or fine of
5,000 rupees,
or both.
331(1) Lurking Imprisonment Cogniza Non- Any
house- for 2 years ble. bailable. Magistrate.
trespass or and fine.
house-
breaking.
331(2) Lurking Imprisonment Cogniza Non- Any
house- for 3 years ble. bailable. Magistrate.
trespass or and fine.
house-
breaking by
night.
P a g e | 325
property, and
fraudulently
opening the
same.
336(2) Forgery. Imprisonment Non- Bailable. Magistrate of
for 2 years, or cognizable. the first
fine, or both. class.
336(3) Forgery for Imprisonment Cognizable. Non- Magistrate of
the purpose for 7 years bailable. the first
of cheating. and fine. class.
336(4) Forgery for Imprisonment Cognizable. Bailable. Magistrate of
the purpose for 3 years the first
of harming and fine. class.
the
reputation of
any person
or knowing
that it is
likely to be
used for
that
purpose.
337 Forgery of a Imprisonment Non- Non- Magistrate of
record of a for 7 years cognizable. bailable. the first
Court or of and fine class.
a Registrar
of Births,
etc., kept
by a public
servant.
338 Forgery of Imprisonme Non- Non- Magistrate of
a valuable nt for life, cognizable. bailable. the first
security, or class.
will, or imprisonme
authority to nt for 10
make or years and
transfer fine.
any
valuable
security, or
to receive
any
money,
etc.
When the Imprisonme Cognizable. Non- Magistrate of
valuable nt for life, bailable. the first
security is a or class.
promissory imprisonme
note of the nt for 10
Central years and
Government. fine.
P a g e | 329
mark.
threat
comes.
352 Insult Imprisonmen Non- Bailable. Any
intended to t for 2 years, cognizable. Magistrate.
provoke or fine, or
breach of both.
the peace.
353(1) False Imprisonmen Non- Non- Any
statement, t for 3 years, cognizable. bailable. Magistrate.
rumour, or fine, or
etc., both.
circulated
with intent
to cause
mutiny or
offence
against the
public
peace.
353(2) False Imprisonmen Cognizable. Non- Any
statement, t for 3 bailable. Magistrate.
rumour, years, or
etc., with fine, or both.
intent to
create
enmity,
hatred or ill-
will between
different
classes.
353(3) False Imprisonmen Cognizable. Non- Any
statement, t for 5 years bailable. Magistrate.
rumour, and fine.
etc., made
in place of
worship,
etc., with
intent to
create
enmity,
hatred or ill-
will.
354 Act caused Imprisonmen Non- Bailable. Any
by inducing t for 1 year, cognizable. Magistrate.
a person to or fine, or
believe that both.
he will be
rendered
an object of
Divine
displeasure
P a g e | 335
President or
the
Governor of
a State or
Administrato
r of a Union
territory or a
Minister in
respect of
his conduct
in the
discharge of
his public
functions
when
instituted
upon a
complaint
made by the
Public
Prosecutor.
Sale of Simple Non- Bailable. Magistrate
printed or imprisonment cognizabl of the first
engraved for 2 years, or e. class.
substance fine, or both.
containing
defamatory
matter,
knowing it
to contain
such matter
in any other
case.
357 Being Imprisonment Non- Bailable. Any
bound to for 3 months, cognizabl Magistrate.
attend on or fine of e.
or supply 5,000 rupees,
the wants or both.
of a person
who is
helpless
from youth,
unsoundnes
s of mind or
disease,
and
voluntarily
omitting to
do so.
P a g e | 338
HomePage
FORMS Sch.II
Police Station.
Name and Designation of the Officer In charge
(Seal)
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Sch. II
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
FORM No.2
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Forms Sch. II
FORM No. 3
WARRANT OF ARREST
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Sch. II
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
FORM No.4
BOND AND BAIL-BOND AFTER ARREST UNDER AWARRANT
(See section 83)
I,..........................................(name), of..................................... ...., being
brought before the District Magistrate of………………… .............. (or as the
case may be) under a warrant issued to compel my appearance to answer
to the charge of……………………………………., do hereby bind myself to attend in
the Court of...................................on the ........................... day of
..........................................next, to answer to the said charge, and to
continue so to attend until otherwise directed by the Court; and, in case of
my making default therein, I bind myself to forfeit, to Government, the sum
of rupees..................................................
(Signature)
(Signature)
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FORMS Sch.II
FORM No.5
PROCLAMATION REQUIRING THE APPEARANCE
OF A PERSON ACCUSED
(See section 84)
WHEREAS a complaint has been made before me that………. ............. ……...…
(name, description and address) has committed (or is suspected to have
committed) the offence of.............................................., punishable under
section.............................................. of the Bharatiya Nyaya Sanhita, 2023,
and it has been returned to a warrant of arrest thereupon issued that the
said..........................(name) cannot be found, and whereas it has been shown to
my satisfaction that the said...........................................(name) has absconded (or
is concealing himself to avoid the service of the said warranty);
Proclamation is hereby made that the said.................................of
..................................is required to appear at ..............................(place) before
this Court (or before me) to answer the said complaint on
the....................................day of......................................
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FORM No. 6
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FORM No. 7
This is to authorise and require you to attach by seizure the movable property
belonging to the said..............................................to the value of
rupees..............................................which you may find within the
District...........................................of.....................................and
to hold the said property under attachment pending the further order of this Court,
and to return this warrant with an endorsement certifying the manner of its
execution.
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FORM No. 8
*Strike out the one which is not applicable, depending on the nature of the property to be attached.
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FORM No. 9
You are hereby authorised and requested to cause the said land to be attached,
in the manner specified in clause (a), or clause (c), or both*, of sub-section (4)
of section 85, and to be held under attachment pending the further order of this
Court, and to certify without delay what you may have done in pursuance of this
order.
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FORM No. 10
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FORM No. 11
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FORM No. 12
WHEREAS information has been laid before me, and on due inquiry thereupon had,
I have been led to believe that the..............................................(describe the
house or other place) is used as a place for the deposit (or sale) of stolen property
(or if for either of the other purposes expressed in the section, state the purpose in
the words of the section);
This is to authorise and require you to enter the said house (or other place) with
such assistance as shall be required, and to use, if necessary, reasonable force for
that purpose, and to search every part of the said house (or other place, or if the
search is to be confined to a part, specify the part clearly), and to seize and take
possession of any property (or documents, or stamps, or seals, or coins, or obscene
objects, as the case may be) (add, when the case requires it) and also of any
instruments and materials which you may reasonably believe to be kept for the
manufacture of forged documents, or counterfeit stamps, or false seals, or
counterfeit coins or counterfeit currency notes (as the case may be), and forthwith
to bring before this Court such of the said things as may be taken possession of,
returning this warrant, with an endorsement certifying what you have done under it,
immediately upon its execution.
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FORM No. 13
(Signature)
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FORM No. 14
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FORM No. 15
SUMMONS ON INFORMATION OF A
PROBABLE BREACH OF THE PEACE
To..............................................of...................................................
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FORM No. 16
This is to authorise and require you to receive the said......................... ... (name)
into your custody, together with this warrant, and him safely to keep in the said Jail
for the said period of..............................................(term of imprisonment) unless
he shall in the meantime be lawfully ordered to be released, and to return this
warrant with an endorsement certifying the manner of its execution.
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FORM No. 17
Or
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FORM No. 18
WARRANT TO DISCHARGE A PERSON IMPRISONED
ON FAILURE TO GIVE SECURITY
or
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FORM No. 19
WARRANT OF IMPRISONMENT ON
FAILURE TO PAY MAINTENANCE
And thereupon an order was made adjudging him to undergo imprisonment in the
said Jail for the period of..............................................;
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FORM No. 20
To...............................................
(name and designation of the police officer or other person to execute the warrant).
This is to authorise and require you to attach any movable property belonging to the
said..............................................(name) which may be found within the district
of.............................................., and if within.................................
.............(state the number of days or hours allowed) next after such attachment
the said sum shall not be paid (or forthwith), to sell the movable property attached,
or so much thereof as shall be sufficient to satisfy the said sum, returning this
warrant, with an endorsement certifying what you have done under it, immediately
upon its execution.
FORM No. 21
WHEREAS it has been made to appear to me that you are carrying on, as owner, or
manager, the trade or occupation of ..................................... (state the particular
trade or occupation and the place where it is carried on), and that the same is
injurious to the public health (or comfort) by
reason..............................................(state briefly in what manner the
injurious effects are caused), and should be suppressed or removed to different
place;
or
WHEREAS it has been made to appear to me that you are the owner (or are in
possession of or have the control over) a certain tank (or well or excavation)
adjacent to the public way .............................................. (describe the
thoroughfare), and that the safety of the public is endangered by reason of the said
tank (or well or excavation) being without a fence (or insecurely fenced);
or
or
or
P a g e | 360
I do hereby direct and require you, etc., etc. (as the case may be).
FORM No. 22
I HEREBY give you notice that it has been found that the order issued on the
...........................................day of..........................................requiring
you..............................................(state substantially the requisition in the order)
is reasonable and proper. Such order has been made absolute, and I hereby direct
and require you to obey the said order within (state the time allowed), on peril of
the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience thereto.
FORM No. 23
WHEREAS the inquiry into the conditional order issued by me on the.......... .... .......
....................day of ..................................., 20..................,
is pending, and it has been made to appear to me that the nuisance mentioned in
the said order is attended with such imminent danger or injury of a serious kind to
the public as to render necessary immediate measures to prevent such danger or
injury, I do hereby, under the provisions of section 161 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, direct and
enjoin you forthwith to .............................................. (state plainly what is
required to be done as a temporary safeguard), pending the result of the inquiry.
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FORM No. 24
WHEREAS it has been made to appear to me that, etc. ..................... ........ (state
the proper recital, guided by Form No. 21 or Form No. 25, as the case may be);
I do hereby strictly order and enjoin you not to repeat or continue, the said
nuisance.
FORM No. 25
WHEREAS it has been made to appear to me that you are in possession (or have the
management) of ..............................................(describe clearly the property),
and that, in digging a drain on the said land, you are about to throw or place a
portion of the earth and stones dug-up upon the adjoining public road, so as to
occasion risk of obstruction to persons using the road;
or
WHEREAS it has been made to appear to me that you and a number of other persons
(mention the class of persons) are about to meet and proceed in a procession along
the public street, etc., (as the case may be) and that such procession is likely to lead
to a riot or an affray;
or
I do hereby order you not to place or permit to be placed any of the earth or stones
dug from land on any part of the said road;
or
I do hereby prohibit the procession passing along the said street, and strictly
warn and enjoin you not to take any part in such procession (or as the case recited
may require).
FORM No. 26
It appears to me, on the grounds duly recorded, that a dispute, likely to induce a
breach of the peace, existed between..................................... .........(describe the
parties by name and residence or residence only if the dispute be between bodies of
villagers) concerning certain................... ...........................(state concisely the
subject of dispute), situate within my local jurisdiction, all the said parties were
called upon to give in a written statement of their respective claims as to the fact of
actual possession of the said..............................................(the subject of
dispute), and being satisfied by due inquiry had thereupon, without reference to the
merits of the claim of either of the said parties to the legal right of possession, that
the claim of actual possession by the said................................ ....... .... (name or
names or description) is true; I do decide and declare that he is (or they are) in
possession of the said..............................................(the subject of dispute) and
entitled to retain such possession until ousted by due course of law, and do strictly
forbid any disturbance of his (or their) possession in the meantime.
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FORM No. 27
WHEREAS it has been made to appear to me that a dispute likely to induce a breach
of the peace, existed between............................................... .... (describe the
parties concerned by name and residence, or residence only if the dispute be
between bodies of villagers) concerning certain.................. ...............
.............(state concisely the subject of dispute) situate within the limits of my
jurisdiction, and the said parties were thereupon duly called
upon to state in writing their respective claims as to the fact of actual possession of
the said...................................... ........(the subject of dispute), and whereas,
upon due inquiry into the said claims, I have decided that neither of the said parties
was in possession of the said.......... .......... ............ ..............(the subject of
dispute) (or I am unable to satisfy myself as to which of the said parties was in
possession as aforesaid);
FORM No. 28
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FORM No. 29
or
and after inquiry called upon to enter into my own recognizance to appear when
required, do hereby bind myself to appear at.................................., in the Court
of......................................, on the...................... ........... .. day
of..............................................next (or on such day as I may hereafter be
required to attend) to answer further to the said charge, and in case of my making
default herein. I bind myself to forfeit to Government, the sum of
rupees..............................................;
I hereby declare myself (or we jointly and severally declare ourselves and each of
us) surety (or sureties) for the above said ................................ (name) that he
shall attend at..............................................in the Court
of.............................................., on the.........................................day
of..............................................next (or on such day as he may hereafter be
required to attend), further to answer to the charge pending against him,
and, in case of his making default therein, I hereby bind myself (or we hereby bind
ourselves) to forfeit to Government the sum of rupees..............
FORM No. 30
I,..............................................(name) of ................................(place), do
hereby bind myself to attend at.................................................in the Court
of..............................................at.....................................o'clock on
the..............................................day of..................................... next and then
and there to prosecute (or to prosecute and give evidence) (or to give evidence) in
the matter of a charge of................................ ........ ......against one A. B., and,
in case of making default herein, I bind myself to forfeit to Government the sum of
rupees..................
(Signature)
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FORM No. 31
FORM No. 32
FORM No. 33
CHARGES
(c) And I hereby direct that you be tried by this Court on the said charge.
(c) And I hereby direct that you be tried by the said Court on the said charge.
P a g e | 374
(In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the
cognizance of the Court of Session’’.)
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FORM No. 34
SUMMONS TO WITNESS
To....................................................of..............................................
FORM No. 35
FORM No. 36
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FORM No. 37
(Seal) (Signature)
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FORM No. 38
(Seal) (Signature)
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FORM No. 39
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FORM No. 40
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FORM No. 41
WARRANT OF COMMITMENT UNDER SENTENCE OF
DEATH
(See section 407)
To the Officer in charge of the Jail at..............................................
FORM No. 42
WARRANT AFTER A COMMUTATION OF A SENTENCE
(See sections 427, 453 and 456)
or
FORM No. 43
WARRANT OF EXECUTION OF A SENTENCE OF DEATH
(See sections 453 and 454)
FORM No. 44
WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
(See section 461)
FORM No. 45
FORM No. 46
BOND FOR APPEARANCE OF OFFENDER RELEASED
PENDING REALISATION OF FINE
[See section 464 (1) (b)]
(Signature)
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FORM No. 47
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE
OFFICER IN CHARGE OF POLICE STATION OR COURT
I,............................................(name), of .........................................
(place), having been arrested or detained without warrant by the Officer in
charge of ......................................... police station (or having been
brought before the Court of .............................................), charged
with the offence of .........................................................., and required
to give security for my attendance before such Officer of Court on
condition that I shall attend such Officer or Court on every day on which
any investigation or trial is held with regard to such charge, and in case
of my making default herein, I bind myself to forfeit to Government the sum
of rupees.........................................................
(Signature)
(Signature)
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FORM No. 48
WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
(See section 487)
To the Officer in charge of the Jail at..............................................
(or other officer in whose custody the person is)
FORM No. 49
WARRANT OF ATTACHMENT TO ENFORCE A BOND
(See section 491)
To the Police Officer in charge of the police station
at..............................................
FORM No. 50
NOTICE TO SURETY ON BREACH OF A BOND
(See section 491)
To .............................................. of ..............................................
WHEREAS on the...........................day of
...................................., 20..............., you became surety for
............................................... (name) of ..................................
(place) that he should appear before this Court on
the.............................day of..................................... and bound
yourself in default thereof to forfeit the sum of rupees
.............................................. to Government; and whereas the
said .............................................. (name) has failed to appear before
this Court and by reason of such default you have forfeited the aforesaid
sum of rupees.
You are hereby required to pay the said penalty or show cause,
within ....................... days from this date, why payment of the said
sum should not be enforced against you.
FORM No. 51
NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(See section 491)
To.............................................. of..............................................
WHEREAS on the..............................................day of
............................, 20..........., you became surety by a bond for
..............................................(name) of .........................................
(place) that he would be of good behaviour for the period of
.........................................and bound yourself in default thereof to
forfeit the sum of rupees ................................................................ to
Government; and whereas the said ..............................................
(name) has been convicted of the offence of
............................................................................. (mention the
offence concisely) committed since you became such surety, whereby
your security bond has become forfeited;
FORM No. 52
WARRANT OF ATTACHMENT AGAINST A SURETY
(See section 491)
To..............................................of..............................................
FORM No. 53
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON
ADMITTED TO BAIL
(See section 491)
To the Superintendent (or Keeper) of the Civil Jail
at..............................................
WHEREAS .................................................................. (name and
description of surety) has bound himself as a surety for the appearance
of....................................... (state the condition of the bond) and the
said .................................................................. (name) has therein
made default whereby the penalty mentioned in the said bond has been
forfeited to Government; and whereas the said
.................................................................. (name of surety) has, on
due notice to him, failed to pay the said sum or show any sufficient cause
why payment should not be enforced against him, and the same cannot
be recovered by attachment and sale of his movable property, and an
order has been made for his imprisonment in the Civil Jail
for........................................... (Specify the period);
This is to authorise and require you, the said Superintendent (or Keeper)
to receive the said................................................................. (name)
into your custody with the warrant and to keep him safely in the said Jail
for the said.......................................... (term of imprisonment), and to
return this warrant with an endorsement certifying the manner of its
execution.
FORM No. 54
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND
TO KEEP THE PEACE
(See section 491)
FORM No. 55
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL
ON BREACH OF A BOND TO KEEP THE PEACE
WHEREAS..............................................( name
and description) did, on the....................................day
of........................................., 20.................., enter into a
bond for the sum of rupees. ................................... binding
himself not to commit a breach of the peace, etc., (as in the
bond), and proof of the forfeiture of the said bond has been
given before me and duly recorded; and whereas notice
has been given to the said
.............................................. (name) calling upon
him to show cause why the said sum should not be paid, and
he has failed to do so or to pay the said sum;
FORM No. 56
WARRANT OF IMPRISONMENT ON BREACH OF A BOND
TO KEEP THE PEACE
(See section 491)
To the Superintendent (or Keeper) of the Civil Jail
at..............................................
WHEREAS proof has been given before me and duly recorded
that........................................................... (name and description)
has committed a breach of the bond entered into by him to keep the
peace, whereby he has forfeited to Government the sum of
rupees.............................................; and whereas the
said........................................................... (name) has failed to pay
the said sum or to show cause why the said sum should not be paid,
although duly called upon to do so, and payment thereof cannot be
enforced by attachment of his movable property, and an order has been
made for the imprisonment of the
said......................................................... (name) in the Civil Jail of
the period of..................................... (term of imprisonment);
This is to authorise and require you, the said Superintendent (or
Keeper) of the said Civil Jail to receive the
said......................................................... (name) into your
custody, together with this warrant, and to keep his safely in the
said Jail for the said period of .........................................(term of
imprisonment), and to return this warrant with an endorsement
certifying the manner of its execution.
FORM No. 57
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND
FOR GOOD BEHAVIOUR
(See section 491)
FORM No.58
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD
BEHAVIOUR
(See section 491)
WHEREAS..............................................(name, description
and address) did, on the .............................................. day
of.............................................., 20……, give security by bond in the
sum of rupees........................for the good behaviour of ……….(name,
etc., of the principal), and proof of the breach of the said bond has
been given before me and duly recorded, whereby the said
.............................................. (name) has forfeited to
Government the sum of rupees........................ , and whereas he
has failed to pay the said sum or to show cause why the said sum
should not be paid although duly called upon to do so, and payment
thereof cannot be enforced by attachment of his movable property,
and an order has been made for the imprisonment of the said
.............................................. (name) in the Civil Jail for the period
of.............................................. (term of imprisonment);