[ { "chunk_id": "BNS_1", "text": "[Context: This section is from BNS 2023, CHAPTER I PRELIMINARY. It covers Section 1: Short title, commencement and application.]\n\n1. Short title, commencement and application.––(1) This Act may be called the Bharatiya Nyaya\n(2) It shall come into force on such date1 as the Central Government may, by notification in the\nOfficial Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.\n(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or\nomission contrary to the provisions thereof, of which he shall be guilty within India.\n(4) Any person liable, by any law for the time being in force in India, to be tried for an offence\ncommitted beyond India shall be dealt with according to the provisions of this Sanhita for any act\ncommitted beyond India in the same manner as if such act had been committed within India.\n(5) The provisions of this Sanhita shall also apply to any offence committed by—\n(a) any citizen of India in any place without and beyond India;\n(b) any person on any ship or aircraft registered in India wherever it may be;\n(c) any person in any place without and beyond India committing offence targeting a computer\nresource located in India.\nExplanation.—In this section, the word “offence” includes every act committed outside India which,\nif committed in India, would be punishable under this Sanhita.\nIllustration.\nA, who is a citizen of India, commits a murder in any place without and beyond India.\nHe can be tried and convicted of murder in any place in India in which he may be found.\n(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion\nof officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any\nspecial or local law.", "section_number": "1", "section_title": "Short title, commencement and application", "chapter": "CHAPTER I PRELIMINARY", "act": "BNS 2023", "source_label": "Section 1, BNS 2023" }, { "chunk_id": "BNS_2", "text": "[Context: This section is from BNS 2023, CHAPTER I PRELIMINARY. It covers Section 2: Definitions.]\n\n2. Definitions. –– In this Sanhita, unless the context otherwise requires,––\n(1) “act” denotes as well a series of acts as a single act;\n(2) “animal” means any living creature, other than a human being;\n(3) “child” means any person below the age of eighteen years;\n(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another\nthing, intending by means of that resemblance to practise deception, or knowing it to be likely that\ndeception will thereby be practised.\nExplanation 1.—It is not essential to counterfeiting that the imitation should be exact.\nExplanation 2.—When a person causes one thing to resemble another thing, and the resemblance\nis such that a person might be deceived thereby, it shall be presumed, until the contrary is proved,\nthat the person so causing the one thing to resemble the other thing intended by means of that\nresemblance to practise deception or knew it to be likely that deception would thereby be practised;\n(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges\nwhich is empowered by law to act judicially as a body, when such Judge or body of Judges is acting\njudicially;\n(6) “death” means the death of a human being unless the contrary appears from the context;\n(7) “dishonestly” means doing anything with the intention of causing wrongful gain to one\nperson or wrongful loss to another person;\n(8) “document” means any matter expressed or described upon any substance by means of letters,\nfigures or marks, or by more than one of those means, and includes electronic and digital record,\nintended to be used, or which may be used, as evidence of that matter.\nExplanation 1.—It is immaterial by what means or upon what substance the letters, figures or\nmarks are formed, or whether the evidence is intended for, or may be used in a Court or not.\n(a) A writing expressing the terms of a contract, which may be used as evidence of the contract,\nis a document.\n(b) A cheque upon a banker is a document.\n(c) A power-of-attorney is a document.\n(d) A map or plan which is intended to be used or which may be used as evidence, is a document.\n(e) A writing containing directions or instructions is a document.\nExplanation 2.—Whatever is expressed by means of letters, figures or marks as explained by\nmercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within\nthe meaning of this section, although the same may not be actually expressed.\nIllustration.\nA writes his name on the back of a bill of exchange payable to his order. The meaning of the\nendorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The\nendorsement is a document, and shall be construed in the same manner as if the words “pay to the\nholder” or words to that effect had been written over the signature;\n(9) “fraudulently” means doing anything with the intention to defraud but not otherwise;\n(10) “gender”.—The pronoun “he” and its derivatives are used of any person, whether male,\nfemale or transgender.\nExplanation.–– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of\nthe Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);\n(11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or\nbelieved without due care and attention;\n(12) “Government” means the Central Government or a State Government;\n(13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms,\nammunition or means of conveyance, or the assisting a person by any means, whether of the same\nkind as those enumerated in this clause or not, to evade apprehension;\n(14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation\nor property;\n(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is\nan offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is\nsaid to be “legally bound to do” whatever it is illegal in him to omit;\n\n(16) “Judge” means a person who is officially designated as a Judge and includes a person,––\n(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a\ndefinitive judgment, or a judgment which, if not appealed against, would be definitive, or a\njudgment which, if confirmed by some other authority, would be definitive; or\n(ii) who is one of a body or persons, which body of persons is empowered by law to give\nsuch a judgment.\nIllustration.\nA Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to\nfine or imprisonment, with or without appeal, is a Judge;\n(17) “life” means the life of a human being, unless the contrary appears from the context;\n(18) “local law” means a law applicable only to a particular part of India;\n(19) “man” means male human being of any age;\n(20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be\nunderstood that the month or the year is to be reckoned according to the Gregorian calendar;\n(21) “movable property” includes property of every description, except land and things attached\nto the earth or permanently fastened to anything which is attached to the earth;\n(22) “number”.—Unless the contrary appears from the context, words importing the singular\nnumber include the plural number, and words importing the plural number include the singular\nnumber;\n(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration\nrequired or authorised by law to be made before a public servant or to be used for the purpose of\nproof, whether in a Court or not;\n(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the\nword “offence” means a thing made punishable by this Sanhita, but––\n(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of\nsection 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and\n(8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6)\nand (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing\npunishable under this Sanhita, or under any special law or local law; and\n(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and\nsub-section (1) of section 329, the word “offence” shall have the same meaning when the act\npunishable under the special law or local law is punishable under such law with imprisonment for\na term of six months or more, whether with or without fine;\n(25) “omission” denotes as well as a series of omissions as a single omission;\n(26) “person” includes any company or association or body of persons, whether incorporated or\nnot;\n(27) “public” includes any class of the public or any community;\n(28) “public servant” means a person falling under any of the descriptions, namely:—\n(a) every commissioned officer in the Army, Navy or Air Force;\n(b) every Judge including any person empowered by law to discharge, whether by\nhimself or as a member of any body of persons, any adjudicatory functions;\n(c) every officer of a Court including a liquidator, receiver or commissioner whose duty\nit is, as such officer, to investigate or report on any matter of law or fact, or to make,\nauthenticate, or keep any document, or to take charge or dispose of any property, or to\n\nexecute any judicial process, or to administer any oath, or to interpret, or to preserve order in\nthe Court, and every person specially authorised by a Court to perform any of such duties;\n(d) every assessor or member of a panchayat assisting a Court or public servant;\n(e) every arbitrator or other person to whom any cause or matter has been referred for\ndecision or report by any Court, or by any other competent public authority;\n(f) every person who holds any office by virtue of which he is empowered to place or\nkeep any person in confinement;\n(g) every officer of the Government whose duty it is, as such officer, to prevent offences,\nto give information of offences, to bring offenders to justice, or to protect the public health,\nsafety or convenience;\n(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any\nproperty on behalf of the Government, or to make any survey, assessment or contract on\nbehalf of the Government, or to execute any revenue-process, or to investigate, or to report,\non any matter affecting the pecuniary interests of the Government, or to make, authenticate\nor keep any document relating to the pecuniary interests of the Government, or to prevent the\ninfraction of any law for the protection of the pecuniary interests of the Government;\n(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any\nproperty, to make any survey or assessment or to levy any rate or tax for any secular common\npurpose of any village, town or district, or to make, authenticate or keep any document for\nthe ascertaining of the rights of the people of any village, town or district;\n(j) every person who holds any office by virtue of which he is empowered to prepare,\npublish, maintain or revise an electoral roll or to conduct an election or part of an election;\n(k) every person—\n(i) in the service or pay of the Government or remunerated by fees or commission for\nthe performance of any public duty by the Government;\n(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of\nthe General Clauses Act, 1897 (10 of 1897), a corporation established by or under a\nCentral or State Act or a Government company as defined in clause (45) of section 2 of\nthe Companies Act, 2013 (18 of 2013).\nExplanation.—\n(a) persons falling under any of the descriptions made in this clause are public servants,\nwhether appointed by the Government or not;\n(b) every person who is in actual possession of the situation of a public servant, whatever\nlegal defect there may be in his right to hold that situation is a public servant;\n(c) “election” means an election for the purpose of selecting members of any legislative,\nmunicipal or other public authority, of whatever character, the method of selection to which\nis by, or under any law for the time being in force.\nIllustration.\nA Municipal Commissioner is a public servant;\n(29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has\nsufficient cause to believe that thing but not otherwise;\n(30) “special law” means a law applicable to a particular subject;\n(31) “valuable security” means a document which is, or purports to be, a document whereby any\nlegal right is created, extended, transferred, restricted, extinguished or released, or whereby any\nperson acknowledges that he lies under legal liability, or has not a certain legal right.\n\nIllustration.\nA writes his name on the back of a bill of exchange. As the effect of this endorsement is to\ntransfer the right to the bill to any person who may become the lawful holder of it, the endorsement is\na “valuable security”;\n(32) “vessel” means anything made for the conveyance by water of human beings or of property;\n(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means\nwhereby he intended to cause it, or by means which, at the time of employing those means, he knew\nor had reason to believe to be likely to cause it.\nIllustration.\nA sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a\nrobbery and thus causes the death of a person. Here, A may not have intended to cause death; and\nmay even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause\ndeath, he has caused death voluntarily;\n(34) “will” means any testamentary document;\n(35) “woman” means a female human being of any age;\n(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is\nnot legally entitled;\n(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it\nis legally entitled;\n(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when\nsuch person retains wrongfully, as well as when such person acquires wrongfully. A person is said to\nlose wrongfully when such person is wrongfully kept out of any property, as well as when such\nperson is wrongfully deprived of property; and\n(39) words and expressions used but not defined in this Sanhita but defined in the Information\nTechnology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the\nmeanings respectively assigned to them in that Act and Sanhita.", "section_number": "2", "section_title": "Definitions", "chapter": "CHAPTER I PRELIMINARY", "act": "BNS 2023", "source_label": "Section 2, BNS 2023" }, { "chunk_id": "BNS_3", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 3: General explanations.]\n\n3. General explanations.—(1) Throughout this Sanhita every definition of an offence, every penal\nprovision, and every Illustration of every such definition or penal provision, shall be understood subject\nto the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not\nrepeated in such definition, penal provision, or Illustration.\nIllustrations.\n(a) The sections in this Sanhita, which contain definitions of offences, do not express that a child\nunder seven years of age cannot commit such offences; but the definitions are to be understood subject to\nthe general exception which provides that nothing shall be an offence which is done by a child under\nseven years of age.\n(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not\nguilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the\ncase falls within the general exception which provides that “nothing is an offence which is done by a\nperson who is bound by law to do it”.\n(2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this\nSanhita in conformity with the explanation.\n(3) When property is in the possession of a person’s spouse, clerk or servant, on account of that\nperson, it is in that person’s possession within the meaning of this Sanhita.\nExplanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk\nor servant, is a clerk or servant within the meaning of this sub-section.\n\n(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words\nwhich refer to acts done extend also to illegal omissions.\n(5) When a criminal act is done by several persons in furtherance of the common intention of all,\neach of such persons is liable for that act in the same manner as if it were done by him alone.\n(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or\nintention, is done by several persons, each of such persons who joins in the act with such knowledge or\nintention is liable for the act in the same manner as if the act were done by him alone with that knowledge\nor intention.\n(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an\nomission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by\nan omission is the same offence.\nIllustration.\nA intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z.\nA has committed murder.\n(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the\ncommission of that offence by doing any one of those acts, either singly or jointly with any other person,\ncommits that offence.\nIllustrations.\n(a) A and B agree to murder Z by severally and at different times giving him small doses of poison.\nA and B administer the poison according to the agreement with intent to murder Z. Z dies from the\neffects the several doses of poison so administered to him. Here A and B intentionally cooperate in the\ncommission of murder and as each of them does an act by which the death is caused, they are both guilty\nof the offence though their acts are separate.\n(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours\nat a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally\nomitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose.\nZ dies of hunger. Both A and B are guilty of the murder of Z.\n(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to\nsupply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not\nsufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or\ncooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s\ndeath. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an\nattempt to commit murder.\n(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be\nguilty of different offences by means of that act.\nIllustration.\nA attacks Z under such circumstances of grave provocation that his killing of Z would be only\nculpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and\nnot having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged\nin causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.", "section_number": "3", "section_title": "General explanations", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 3, BNS 2023" }, { "chunk_id": "BNS_4", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 4: Punishments.]\n\n4. Punishments. —The punishments to which offenders are liable under the provisions of this\nSanhita are—\n(a) Death;\n(b) Imprisonment for life;\n\n(c) Imprisonment, which is of two descriptions, namely:—\n(1) Rigorous, that is, with hard labour;\n(2) Simple;\n(d) Forfeiture of property;\n(e) Fine;\n(f) Community Service.", "section_number": "4", "section_title": "Punishments", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 4, BNS 2023" }, { "chunk_id": "BNS_5", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 5: Commutation of sentence.]\n\n5. Commutation of sentence.—The appropriate Government may, without the consent of the\noffender, commute any punishment under this Sanhita to any other punishment in accordance\nwith section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.\nExplanation.—For the purposes of this section the expression “appropriate Government” means, —\n(a) in cases where the sentence is a sentence of death or is for an offence against any law relating\nto a matter to which the executive power of the Union extends, the Central Government; and\n(b) in cases where the sentence (whether of death or not) is for an offence against any law\nrelating to a matter to which the executive power of the State extends, the Government of the State\nwithin which the offender is sentenced.", "section_number": "5", "section_title": "Commutation of sentence", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 5, BNS 2023" }, { "chunk_id": "BNS_6", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 6: Fractions of terms of punishment.]\n\n6. Fractions of terms of punishment.—In calculating fractions of terms of punishment,\nimprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise\nprovided.", "section_number": "6", "section_title": "Fractions of terms of punishment", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 6, BNS 2023" }, { "chunk_id": "BNS_7", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 7: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.]\n\n7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.—In\nevery case in which an offender is punishable with imprisonment which may be of either description, it\nshall be competent to the Court which sentences such offender to direct in the sentence that such\nimprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part\nof such imprisonment shall be rigorous and the rest simple.", "section_number": "7", "section_title": "Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 7, BNS 2023" }, { "chunk_id": "BNS_8", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 8: Amount of fine, liability in default of payment of fine, etc.]\n\n8. Amount of fine, liability in default of payment of fine, etc.—(1) Where no sum is expressed to\nwhich a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be\nexcessive.\n(2) In every case of an offence—\n(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine,\nwhether with or without imprisonment;\n(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to\na fine,\nit shall be competent to the Court which sentences such offender to direct by the sentence that, in default\nof payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment\nshall be in excess of any other imprisonment to which he may have been sentenced or to which he may be\nliable under a commutation of a sentence.\n(3) The term for which the Court directs the offender to be imprisoned in default of payment of a fine\nshall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if\nthe offence be punishable with imprisonment as well as fine.\n(4) The imprisonment which the Court imposes in default of payment of a fine or in default of\ncommunity service may be of any description to which the offender might have been sentenced for the\noffence.\n(5) If the offence is punishable with fine or community service, the imprisonment which the Court\nimposes in default of payment of the fine or in default of community service shall be simple, and the term\nfor which the Court directs the offender to be imprisoned, in default of payment of fine or in default of\ncommunity service, shall not exceed,—\n(a) two months when the amount of the fine does not exceed five thousand rupees;\n\n(b) four months when the amount of the fine does not exceed ten thousand rupees; and\n(c) one year in any other case.\n(6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever\nthat fine is either paid or levied by process of law;\n(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a\nproportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is\nnot less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.\nIllustration.\nA is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of\npayment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one\nmonth of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred\nand fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while\nA continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be\npaid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as\nthe two months are completed. If five hundred rupees be paid or levied at the time of the expiration of\nthose two months, or at any later time while A continues in imprisonment, A will be immediately\ndischarged.\n(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years\nafter the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a\nlonger period than six years, then at any time previous to the expiration of that period; and the death of\nthe offender does not discharge from the liability any property which would, after his death, be legally\nliable for his debts.", "section_number": "8", "section_title": "Amount of fine, liability in default of payment of fine, etc", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 8, BNS 2023" }, { "chunk_id": "BNS_9", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 9: Limit of punishment of offence made up of several offences.]\n\n9. Limit of punishment of offence made up of several offences.—(1) Where anything which is an\noffence is made up of parts, any of which parts is itself an offence, the offender shall not be punished\nwith the punishment of more than one of such his offences, unless it be so expressly provided.\n(2) Where—\n(a) anything is an offence falling within two or more separate definitions of any law in force for\nthe time being by which offences are defined or punished; or\n(b) several acts, of which one or more than one would by itself or themselves constitute an\noffence, constitute, when combined, a different offence,\nthe offender shall not be punished with a more severe punishment than the Court which tries him could\naward for any one of such offences.\nIllustrations.\n(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily\ncausing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating.\nIf A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow.\nBut he is liable only to one punishment for the whole beating.\n(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to\nY is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for\nvoluntarily causing hurt to Z, and to another for the blow given to Y.", "section_number": "9", "section_title": "Limit of punishment of offence made up of several offences", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 9, BNS 2023" }, { "chunk_id": "BNS_10", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 10: Punishment of person guilty of one of several offences, judgment stating that it is doubtful.]\n\n10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful\nof which.—In all cases in which judgment is given that a person is guilty of one of several offences\nspecified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall\nbe punished for the offence for which the lowest punishment is provided if the same punishment is not\nprovided for all.", "section_number": "10", "section_title": "Punishment of person guilty of one of several offences, judgment stating that it is doubtful", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 10, BNS 2023" }, { "chunk_id": "BNS_11", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 11: Solitary confinement.]\n\n11. Solitary confinement.—Whenever any person is convicted of an offence for which under this\nSanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,\n\norder that the offender shall be kept in solitary confinement for any portion or portions of the\nimprisonment to which he is sentenced, not exceeding three months in the whole, according to the\nfollowing scale, namely: —\n(a) a time not exceeding one month if the term of imprisonment shall not exceed six months;\n(b) a time not exceeding two months if the term of imprisonment shall exceed six months and\nshall not exceed one year;\n(c) a time not exceeding three months if the term of imprisonment shall exceed one year.", "section_number": "11", "section_title": "Solitary confinement", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 11, BNS 2023" }, { "chunk_id": "BNS_12", "text": "[Context: This section is from BNS 2023, CHAPTER II OF PUNISHMENTS. It covers Section 12: Limit of solitary confinement.]\n\n12. Limit of solitary confinement.—In executing a sentence of solitary confinement, such\nconfinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary\nconfinement of not less duration than such periods; and when the imprisonment awarded shall exceed\nthree months, the solitary confinement shall not exceed seven days in any one month of the whole\nimprisonment awarded, with intervals between the periods of solitary confinement of not less duration\nthan such periods.", "section_number": "12", "section_title": "Limit of solitary confinement", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 12, BNS 2023" }, { "chunk_id": "BNS_13", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 13: Enhanced punishment for certain offences after previous conviction.]\n\n13. Enhanced punishment for certain offences after previous conviction.—Whoever, having been\nconvicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita\nwith imprisonment of either description for a term of three years or upwards, shall be guilty of any\noffence punishable under either of those Chapters with like imprisonment for the like term, shall be\nsubject for every such subsequent offence to imprisonment for life, or to imprisonment of either\ndescription for a term which may extend to ten years.", "section_number": "13", "section_title": "Enhanced punishment for certain offences after previous conviction", "chapter": "CHAPTER II OF PUNISHMENTS", "act": "BNS 2023", "source_label": "Section 13, BNS 2023" }, { "chunk_id": "BNS_14", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 14: Act done by a person bound, or by mistake of fact believing himself bound, by law.]\n\n14. Act done by a person bound, or by mistake of fact believing himself bound, by law.—\nNothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by\nreason of a mistake of law in good faith believes himself to be, bound by law to do it.\nIllustrations.\n(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the\ncommands of the law. A has committed no offence.\n(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry,\nbelieving Z to be Y, arrests Z. A has committed no offence.", "section_number": "14", "section_title": "Act done by a person bound, or by mistake of fact believing himself bound, by law", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 14, BNS 2023" }, { "chunk_id": "BNS_15", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 15: Act of Judge when acting judicially.]\n\n15. Act of Judge when acting judicially.—Nothing is an offence which is done by a Judge when\nacting judicially in the exercise of any power which is, or which in good faith he believes to be, given to\nhim by law.", "section_number": "15", "section_title": "Act of Judge when acting judicially", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 15, BNS 2023" }, { "chunk_id": "BNS_16", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 16: Act done pursuant to judgment or order of Court.]\n\n16. Act done pursuant to judgment or order of Court.—Nothing which is done in pursuance of, or\nwhich is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in\nforce, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or\norder, provided the person doing the act in good faith believes that the Court had such jurisdiction.", "section_number": "16", "section_title": "Act done pursuant to judgment or order of Court", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 16, BNS 2023" }, { "chunk_id": "BNS_17", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 17: Act done by a person justified, or by mistake of fact believing himself justified, by law.]\n\n17. Act done by a person justified, or by mistake of fact believing himself justified, by law.—\nNothing is an offence which is done by any person who is justified by law, or who by reason of a mistake\nof fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in\ndoing it.\nIllustration.\n\nA sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment\nexerted in good faith, of the power which the law gives to all persons of apprehending murderers in the\nfact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it\nmay turn out that Z was acting in self-defence.", "section_number": "17", "section_title": "Act done by a person justified, or by mistake of fact believing himself justified, by law", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 17, BNS 2023" }, { "chunk_id": "BNS_18", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 18: Accident in doing a lawful act.]\n\n18. Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune,\nand without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful\nmeans and with proper care and caution.\nIllustration.\nA is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was\nno want of proper caution on the part of A, his act is excusable and not an offence.", "section_number": "18", "section_title": "Accident in doing a lawful act", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 18, BNS 2023" }, { "chunk_id": "BNS_19", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm.]\n\n19. Act likely to cause harm, but done without criminal intent, and to prevent other harm.—\nNothing is an offence merely by reason of its being done with the knowledge that it is likely to cause\nharm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of\npreventing or avoiding other harm to person or property.\nExplanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was\nof such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that\nit was likely to cause harm.\nIllustrations.\n(a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds himself\nin such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty\nor thirty passengers on board, unless he changes the course of his vessel, and that, by changing his\ncourse, he must incur risk of running down a boat C with only two passengers on board, which he may\npossibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith\nfor the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence,\nthough he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be\nfound as a matter of fact that the danger which he intended to avoid was such as to excuse him in\nincurring the risk of running down the boat C.\n(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does\nthis with the intention in good faith of saving human life or property. Here, if it be found that the harm to\nbe prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.", "section_number": "19", "section_title": "Act likely to cause harm, but done without criminal intent, and to prevent other harm", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 19, BNS 2023" }, { "chunk_id": "BNS_20", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 20: Act of a child under seven years of age.]\n\n20. Act of a child under seven years of age.—Nothing is an offence which is done by a child under\nseven years of age.", "section_number": "20", "section_title": "Act of a child under seven years of age", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 20, BNS 2023" }, { "chunk_id": "BNS_21", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 21: Act of a child above seven and under twelve years of age of immature understanding.]\n\n21. Act of a child above seven and under twelve years of age of immature understanding.—\nNothing is an offence which is done by a child above seven years of age and under twelve years of age,\nwho has not attained sufficient maturity of understanding to judge of the nature and consequences of his\nconduct on that occasion.", "section_number": "21", "section_title": "Act of a child above seven and under twelve years of age of immature understanding", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 21, BNS 2023" }, { "chunk_id": "BNS_22", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 22: Act of a person of unsound mind.]\n\n22. Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the\ntime of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that\nhe is doing what is either wrong or contrary to law.", "section_number": "22", "section_title": "Act of a person of unsound mind", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 22, BNS 2023" }, { "chunk_id": "BNS_23", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will.]\n\n23. Act of a person incapable of judgment by reason of intoxication caused against his will.—\nNothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication,\nincapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law;\nprovided that the thing which intoxicated him was administered to him without his knowledge or against\nhis will.", "section_number": "23", "section_title": "Act of a person incapable of judgment by reason of intoxication caused against his will", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 23, BNS 2023" }, { "chunk_id": "BNS_24", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 24: Offence requiring a particular intent or knowledge committed by one who is intoxicated.]\n\n24. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—\nIn cases where an act done is not an offence unless done with a particular knowledge or intent, a person\nwho does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge\nas he would have had if he had not been intoxicated, unless the thing which intoxicated him was\nadministered to him without his knowledge or against his will.", "section_number": "24", "section_title": "Offence requiring a particular intent or knowledge committed by one who is intoxicated", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 24, BNS 2023" }, { "chunk_id": "BNS_25", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 25: Act not intended and not known to be likely to cause death or grievous hurt, done by.]\n\n25. Act not intended and not known to be likely to cause death or grievous hurt, done by\nconsent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the\ndoer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause,\nor be intended by the doer to cause, to any person, above eighteen years of age, who has given consent,\nwhether express or implied, to suffer that harm; or by reason of any harm which it may be known by the\ndoer to be likely to cause to any such person who has consented to take the risk of that harm.\nIllustration.\nA and Z agree to fence with each other for amusement. This agreement implies the consent of each to\nsuffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while\nplaying fairly, hurts Z, A commits no offence.", "section_number": "25", "section_title": "Act not intended and not known to be likely to cause death or grievous hurt, done by consent", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 25, BNS 2023" }, { "chunk_id": "BNS_26", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 26: Act not intended to cause death, done by consent in good faith for person’s benefit.]\n\n26. Act not intended to cause death, done by consent in good faith for person’s benefit.—\nNothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or\nbe intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose\nbenefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that\nharm, or to take the risk of that harm.\nIllustration.\nA, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under\nthe painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit,\nperforms that operation on Z, with Z’s consent. A has committed no offence.", "section_number": "26", "section_title": "Act not intended to cause death, done by consent in good faith for person’s benefit", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 26, BNS 2023" }, { "chunk_id": "BNS_27", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 27: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of.]\n\n27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of\nguardian.—Nothing which is done in good faith for the benefit of a person under twelve years of age, or\nperson of unsound mind, by, or by consent, either express or implied, of the guardian or other person\nhaving lawful charge of that person, is an offence by reason of any harm which it may cause, or be\nintended by the doer to cause or be known by the doer to be likely to cause to that person:\nProvided that this exception shall not extend to—\n(a) the intentional causing of death, or to the attempting to cause death;\n(b) the doing of anything which the person doing it knows to be likely to cause death, for any\npurpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or\ninfirmity;\n(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be\nfor the purpose of preventing death or grievous hurt, or the curing of any grievous disease or\ninfirmity;\n(d) the abetment of any offence, to the committing of which offence it would not extend.\nIllustration.\nA, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a\nsurgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause\nthe child’s death. A is within the exception, in as much as his object was the cure of the child.", "section_number": "27", "section_title": "Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 27, BNS 2023" }, { "chunk_id": "BNS_28", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 28: Consent known to be given under fear or misconception.]\n\n28. Consent known to be given under fear or misconception.—A consent is not such a consent as\nis intended by any section of this Sanhita,—\n(a) if the consent is given by a person under fear of injury, or under a misconception of fact, and\nif the person doing the act knows, or has reason to believe, that the consent was given in consequence\nof such fear or misconception; or\n(b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable\nto understand the nature and consequence of that to which he gives his consent; or\n(c) unless the contrary appears from the context, if the consent is given by a person who is under\ntwelve years of age.", "section_number": "28", "section_title": "Consent known to be given under fear or misconception", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 28, BNS 2023" }, { "chunk_id": "BNS_29", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 29: Exclusion of acts which are offences independently of harm caused.]\n\n29. Exclusion of acts which are offences independently of harm caused.—The exceptions in\nsections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they\nmay cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or\non whose behalf the consent is given.\nIllustration.\nCausing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is\nan offence independently of any harm which it may cause or be intended to cause to the woman.\nTherefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian\nto the causing of such miscarriage does not justify the act.", "section_number": "29", "section_title": "Exclusion of acts which are offences independently of harm caused", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 29, BNS 2023" }, { "chunk_id": "BNS_30", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 30: Act done in good faith for benefit of a person without consent.]\n\n30. Act done in good faith for benefit of a person without consent.—Nothing is an offence by\nreason of any harm which it may cause to a person for whose benefit it is done in good faith, even\nwithout that person’s consent, if the circumstances are such that it is impossible for that person to signify\nconsent, or if that person is incapable of giving consent, and has no guardian or other person in lawful\ncharge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:\nProvided that this exception shall not extend to—\n(a) the intentional causing of death, or the attempting to cause death;\n(b) the doing of anything which the person doing it knows to be likely to cause death, for any\npurpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or\ninfirmity;\n(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than\nthe preventing of death or hurt;\n(d) the abetment of any offence, to the committing of which offence it would not extend.\nIllustrations.\n(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned.\nA, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his\npower of judging for himself. A has committed no offence.\n(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but\nnot intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has\ncommitted no offence.\n(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be\nimmediately performed. There is no time to apply to the child’s guardian. A performs the operation in\nspite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no\noffence.\n(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the\nchild from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill\nthe child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A\nhas committed no offence.\nExplanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this\nsection.", "section_number": "30", "section_title": "Act done in good faith for benefit of a person without consent", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 30, BNS 2023" }, { "chunk_id": "BNS_31", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 31: Communication made in good faith.]\n\n31. Communication made in good faith.—No communication made in good faith is an offence by\nreason of any harm to the person to whom it is made, if it is made for the benefit of that person.\nIllustration.\n\nA, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient\ndies in consequence of the shock. A has committed no offence, though he knew it to be likely that the\ncommunication might cause the patient’s death.", "section_number": "31", "section_title": "Communication made in good faith", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 31, BNS 2023" }, { "chunk_id": "BNS_32", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 32: Act to which a person is compelled by threats.]\n\n32. Act to which a person is compelled by threats.—Except murder, and offences against the State\npunishable with death, nothing is an offence which is done by a person who is compelled to do it by\nthreats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person\nwill otherwise be the consequence:\nProvided that the person doing the act did not of his own accord, or from a reasonable apprehension\nof harm to himself short of instant death, place himself in the situation by which he became subject to\nsuch constraint.\nExplanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a\ngang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of\nhis having been compelled by his associates to do anything that is an offence by law.\nExplanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a\nthing which is an offence by law; for example, a smith compelled to take his tools and to force the door\nof a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.", "section_number": "32", "section_title": "Act to which a person is compelled by threats", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 32, BNS 2023" }, { "chunk_id": "BNS_33", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 33: Act causing slight harm.]\n\n33. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to\ncause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of\nordinary sense and temper would complain of such harm.", "section_number": "33", "section_title": "Act causing slight harm", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 33, BNS 2023" }, { "chunk_id": "BNS_34", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 34: Things done in private defence.]\n\n34. Things done in private defence.—Nothing is an offence which is done in the exercise of the\nright of private defence.", "section_number": "34", "section_title": "Things done in private defence", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 34, BNS 2023" }, { "chunk_id": "BNS_35", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 35: Right of private defence of body and of property.]\n\n35. Right of private defence of body and of property.—Every person has a right, subject to the\nrestrictions contained in section 37, to defend—\n(a) his own body, and the body of any other person, against any offence affecting the human\nbody;\n(b) the property, whether movable or immovable, of himself or of any other person, against any\nact which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or\nwhich is an attempt to commit theft, robbery, mischief or criminal trespass.", "section_number": "35", "section_title": "Right of private defence of body and of property", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 35, BNS 2023" }, { "chunk_id": "BNS_36", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 36: Right of private defence against act of a person of unsound mind, etc.]\n\n36. Right of private defence against act of a person of unsound mind, etc.—When an act, which\nwould otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of\nunderstanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of\nany misconception on the part of that person, every person has the same right of private defence against\nthat act which he would have if the act were that offence.\nIllustrations.\n(a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has the same\nright of private defence which he would have if Z were sane.\n(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a\nhouse-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A\nhas the same right of private defence against Z, which he would have if Z were not acting under that\nmisconception.", "section_number": "36", "section_title": "Right of private defence against act of a person of unsound mind, etc", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 36, BNS 2023" }, { "chunk_id": "BNS_37", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 37: Acts against which there is no right of private defence.]\n\n37. Acts against which there is no right of private defence.—(1) There is no right of private\ndefence, —\n(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt,\nif done, or attempted to be done, by a public servant acting in good faith under colour of his office,\nthough that act, may not be strictly justifiable by law;\n\n(b) against an act which does not reasonably cause the apprehension of death or of grievous hurt,\nif done, or attempted to be done, by the direction of a public servant acting in good faith under colour\nof his office, though that direction may not be strictly justifiable by law;\n(c) in cases in which there is time to have recourse to the protection of the public authorities.\n(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary\nto inflict for the purpose of defence.\nExplanation 1.—A person is not deprived of the right of private defence against an act done, or\nattempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the\nperson doing the act is such public servant.\nExplanation 2.—A person is not deprived of the right of private defence against an act done, or\nattempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that\nthe person doing the act is acting by such direction, or unless such person states the authority under which\nhe acts, or if he has authority in writing, unless he produces such authority, if demanded.", "section_number": "37", "section_title": "Acts against which there is no right of private defence", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 37, BNS 2023" }, { "chunk_id": "BNS_38", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 38: When right of private defence of body extends to causing death.]\n\n38. When right of private defence of body extends to causing death.—The right of private\ndefence of the body extends, under the restrictions specified in section 37, to the voluntary causing of\ndeath or of any other harm to the assailant, if the offence which occasions the exercise of the right be of\nany of the descriptions hereinafter enumerated, namely:—\n(a) such an assault as may reasonably cause the apprehension that death will otherwise be the\nconsequence of such assault;\n(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be\nthe consequence of such assault;\n(c) an assault with the intention of committing rape;\n(d) an assault with the intention of gratifying unnatural lust;\n(e) an assault with the intention of kidnapping or abducting;\n(f) an assault with the intention of wrongfully confining a person, under circumstances which\nmay reasonably cause him to apprehend that he will be unable to have recourse to the public\nauthorities for his release;\n(g) an act of throwing or administering acid or an attempt to throw or administer acid which may\nreasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.", "section_number": "38", "section_title": "When right of private defence of body extends to causing death", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 38, BNS 2023" }, { "chunk_id": "BNS_39", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 39: When such right extends to causing any harm other than death.]\n\n39. When such right extends to causing any harm other than death.—If the offence be not of any\nof the descriptions specified in section 38, the right of private defence of the body does not extend to the\nvoluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37,\nto the voluntary causing to the assailant of any harm other than death.", "section_number": "39", "section_title": "When such right extends to causing any harm other than death", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 39, BNS 2023" }, { "chunk_id": "BNS_40", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 40: Commencement and continuance of right of private defence of body.]\n\n40. Commencement and continuance of right of private defence of body.—The right of private\ndefence of the body commences as soon as a reasonable apprehension of danger to the body arises from\nan attempt or threat to commit the offence though the offence may not have been committed; and it\ncontinues as long as such apprehension of danger to the body continues.", "section_number": "40", "section_title": "Commencement and continuance of right of private defence of body", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 40, BNS 2023" }, { "chunk_id": "BNS_41", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 41: When right of private defence of property extends to causing death.]\n\n41. When right of private defence of property extends to causing death.—The right of private\ndefence of property extends, under the restrictions specified in section 37, to the voluntary causing of\ndeath or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting\nto commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter\nenumerated, namely: —\n(a) robbery;\n(b) house-breaking after sunset and before sunrise;\n(c) mischief by fire or any explosive substance committed on any building, tent or vessel, which\nbuilding, tent or vessel is used as a human dwelling, or as a place for the custody of property;\n\n(d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause\napprehension that death or grievous hurt will be the consequence, if such right of private defence is\nnot exercised.", "section_number": "41", "section_title": "When right of private defence of property extends to causing death", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 41, BNS 2023" }, { "chunk_id": "BNS_42", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 42: When such right extends to causing any harm other than death.]\n\n42. When such right extends to causing any harm other than death.—If the offence, the\ncommitting of which, or the attempting to commit which occasions the exercise of the right of private\ndefence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that\nright does not extend to the voluntary causing of death, but does extend, subject to the restrictions\nspecified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.", "section_number": "42", "section_title": "When such right extends to causing any harm other than death", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 42, BNS 2023" }, { "chunk_id": "BNS_43", "text": "[Context: This section is from BNS 2023, CHAPTER III GENERAL EXCEPTIONS. It covers Section 43: Commencement and continuance of right of private defence of property.]\n\n43. Commencement and continuance of right of private defence of property.—The right of\nprivate defence of property,—\n(a) commences when a reasonable apprehension of danger to the property commences;\n(b) against theft continues till the offender has effected his retreat with the property or either the\nassistance of the public authorities is obtained, or the property has been recovered;\n(c) against robbery continues as long as the offender causes or attempts to cause to any person\ndeath or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant\npersonal restraint continues;\n(d) against criminal trespass or mischief continues as long as the offender continues in the\ncommission of criminal trespass or mischief;\n(e) against house-breaking after sunset and before sunrise continues as long as the house-trespass\nwhich has been begun by such house-breaking continues.", "section_number": "43", "section_title": "Commencement and continuance of right of private defence of property", "chapter": "CHAPTER III GENERAL EXCEPTIONS", "act": "BNS 2023", "source_label": "Section 43, BNS 2023" }, { "chunk_id": "BNS_44", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 44: Right of private defence against deadly assault when there is risk of harm to innocent.]\n\n44. Right of private defence against deadly assault when there is risk of harm to innocent\nperson.—If in the exercise of the right of private defence against an assault which reasonably causes the\napprehension of death, the defender be so situated that he cannot effectually exercise that right without\nrisk of harm to an innocent person, his right of private defence extends to the running of that risk.\nIllustration.\nA is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private\ndefence without firing on the mob, and he cannot fire without risk of harming young children who are\nmingled with the mob. A commits no offence if by so firing he harms any of the children.", "section_number": "44", "section_title": "Right of private defence against deadly assault when there is risk of harm to innocent person", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 44, BNS 2023" }, { "chunk_id": "BNS_45", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 45: Abetment of a thing.]\n\n45. Abetment of a thing.—A person abets the doing of a thing, who—\n(a) instigates any person to do that thing; or\n(b) engages with one or more other person or persons in any conspiracy for the doing of that\nthing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the\ndoing of that thing; or\n(c) intentionally aids, by any act or illegal omission, the doing of that thing.\nExplanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material\nfact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing\nto be done, is said to instigate the doing of that thing.\nIllustration.\nA, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and\nalso that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend\nC. Here B abets by instigation the apprehension of C.\n\nExplanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in\norder to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid\nthe doing of that act.", "section_number": "45", "section_title": "Abetment of a thing", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 45, BNS 2023" }, { "chunk_id": "BNS_46", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 46: Abettor.]\n\n46. Abettor.—A person abets an offence, who abets either the commission of an offence, or the\ncommission of an act which would be an offence, if committed by a person capable by law of committing\nan offence with the same intention or knowledge as that of the abettor.\nExplanation 1.—The abetment of the illegal omission of an act may amount to an offence although\nthe abettor may not himself be bound to do that act.\nExplanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should\nbe committed, or that the effect requisite to constitute the offence should be caused.\nIllustrations.\n(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.\n(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound.\nA is guilty of instigating B to commit murder.\nExplanation 3.—It is not necessary that the person abetted should be capable by law of committing\nan offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any\nguilty intention or knowledge.\nIllustrations.\n(a) A, with a guilty intention, abets a child or a person of unsound mind to commit an act which\nwould be an offence, if committed by a person capable by law of committing an offence, and having the\nsame intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.\n(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act\nwhich causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby\ncauses Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be\npunished in the same manner as if B had been capable by law of committing an offence, and had\ncommitted murder, and he is therefore subject to the punishment of death.\n(c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness of mind,\nbeing incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets\nfire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of\nabetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that\noffence.\n(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of\nZ’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s\npossession, in good faith, believing it to be A’s property. B, acting under this misconception, does not\ntake dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the\nsame punishment as if B had committed theft.\nExplanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is\nalso an offence.\nIllustration.\nA instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that\noffence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment\nfor murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.\nExplanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that\nthe abettor should concert the offence with the person who commits it. It is sufficient if he engages in the\nconspiracy in pursuance of which the offence is committed.\n\nIllustration.\nA concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then\nexplains the plan to C mentioning that a third person is to administer the poison, but without mentioning\nA’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being\nused in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C\nhave not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been\nmurdered. C has therefore committed the offence defined in this section and is liable to the punishment\nfor murder.", "section_number": "46", "section_title": "Abettor", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 46, BNS 2023" }, { "chunk_id": "BNS_47", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 47: Abetment in India of offences outside India.]\n\n47. Abetment in India of offences outside India.—A person abets an offence within the meaning of\nthis Sanhita who, in India, abets the commission of any act without and beyond India which would\nconstitute an offence if committed in India.\nIllustration.\nA, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of\nabetting murder.", "section_number": "47", "section_title": "Abetment in India of offences outside India", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 47, BNS 2023" }, { "chunk_id": "BNS_48", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 48: Abetment outside India for offence in India.]\n\n48. Abetment outside India for offence in India.—A person abets an offence within the meaning of\nthis Sanhita who, without and beyond India, abets the commission of any act in India which would\nconstitute an offence if committed in India.\nIllustration.\nA, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.", "section_number": "48", "section_title": "Abetment outside India for offence in India", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 48, BNS 2023" }, { "chunk_id": "BNS_49", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 49: Punishment of abetment if act abetted is committed in consequence and where no express.]\n\n49. Punishment of abetment if act abetted is committed in consequence and where no express\nprovision is made for its punishment.—Whoever abets any offence shall, if the act abetted is\ncommitted in consequence of the abetment, and no express provision is made by this Sanhita for the\npunishment of such abetment, be punished with the punishment provided for the offence.\nExplanation.—An act or offence is said to be committed in consequence of abetment, when it is\ncommitted in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which\nconstitutes the abetment.\nIllustrations.\n(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence.\nA is guilty of abetting that offence, and is liable to the same punishment as B.\n(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers\nit to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to\nZ in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that\noffence by conspiracy, and is liable to the punishment for murder.", "section_number": "49", "section_title": "Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 49, BNS 2023" }, { "chunk_id": "BNS_50", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 50: Punishment of abetment if person abetted does act with different intention from that of.]\n\n50. Punishment of abetment if person abetted does act with different intention from that of\nabettor.—Whoever abets the commission of an offence shall, if the person abetted does the act with a\ndifferent intention or knowledge from that of the abettor, be punished with the punishment provided for\nthe offence which would have been committed if the act had been done with the intention or knowledge\nof the abettor and with no other.", "section_number": "50", "section_title": "Punishment of abetment if person abetted does act with different intention from that of abettor", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 50, BNS 2023" }, { "chunk_id": "BNS_51", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 51: Liability of abettor when one act abetted and different act done.]\n\n51. Liability of abettor when one act abetted and different act done.—When an act is abetted and\na different act is done, the abettor is liable for the act done, in the same manner and to the same extent as\nif he had directly abetted it:\nProvided that the act done was a probable consequence of the abetment, and was committed under\nthe influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the\nabetment.\n\nIllustrations.\n(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The\nchild, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the\nside of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was\nunder the circumstances a probable consequence of the abetment, A is liable in the same manner and to\nthe same extent as if he had instigated the child to put the poison into the food of Y.\n(b) A instigates B to burn Z’s house, B sets fire to the house and at the same time commits theft of\nproperty there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for\nthe theft was a distinct act, and not a probable consequence of the burning.\n(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and\nprovides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of\nthe inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to\nthe punishment provided for murder.", "section_number": "51", "section_title": "Liability of abettor when one act abetted and different act done", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 51, BNS 2023" }, { "chunk_id": "BNS_52", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 52: Abettor when liable to cumulative punishment for act abetted and for act done.]\n\n52. Abettor when liable to cumulative punishment for act abetted and for act done.—If the act\nfor which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute\na distinct offence, the abettor is liable to punishment for each of the offences.\nIllustration.\nA instigates B to resist by force a distress made by a public servant. B, in consequence, resists that\ndistress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress.\nAs B has committed both the offence of resisting the distress, and the offence of voluntarily causing\ngrievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely\nvoluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of\nthe offences.", "section_number": "52", "section_title": "Abettor when liable to cumulative punishment for act abetted and for act done", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 52, BNS 2023" }, { "chunk_id": "BNS_53", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 53: Liability of abettor for an effect caused by act abetted different from that intended by.]\n\n53. Liability of abettor for an effect caused by act abetted different from that intended by\nabettor.—When an act is abetted with the intention on the part of the abettor of causing a particular\neffect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect\nfrom that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the\nsame extent as if he had abetted the act with the intention of causing that effect, provided he knew that\nthe act abetted was likely to cause that effect.\nIllustration.\nA instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt\nto Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is\nliable to be punished with the punishment provided for murder.", "section_number": "53", "section_title": "Liability of abettor for an effect caused by act abetted different from that intended by", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 53, BNS 2023" }, { "chunk_id": "BNS_54", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 54: Abettor present when offence is committed.]\n\n54. Abettor present when offence is committed.—Whenever any person, who is absent would be\nliable to be punished as an abettor, is present when the act or offence for which he would be punishable in\nconsequence of the abetment is committed, he shall be deemed to have committed such act or offence.", "section_number": "54", "section_title": "Abettor present when offence is committed", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 54, BNS 2023" }, { "chunk_id": "BNS_55", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 55: Abetment of offence punishable with death or imprisonment for life.]\n\n55. Abetment of offence punishable with death or imprisonment for life.—Whoever abets the\ncommission of an offence punishable with death or imprisonment for life, shall, if that offence be not\ncommitted in consequence of the abetment, and no express provision is made under this Sanhita for the\npunishment of such abetment, be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in\nconsequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to\nimprisonment of either description for a term which may extend to fourteen years, and shall also be liable\nto fine.\nIllustration.\nA instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been\nsubject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a\nterm which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of\n\nthe abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to\nfine.", "section_number": "55", "section_title": "Abetment of offence punishable with death or imprisonment for life", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 55, BNS 2023" }, { "chunk_id": "BNS_56", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 56: Abetment of offence punishable with imprisonment.]\n\n56. Abetment of offence punishable with imprisonment.—Whoever abets an offence punishable\nwith imprisonment shall, if that offence be not committed in consequence of the abetment, and no express\nprovision is made under this Sanhita for the punishment of such abetment, be punished with\nimprisonment of any description provided for that offence for a term which may extend to one-fourth part\nof the longest term provided for that offence; or with such fine as is provided for that offence, or with\nboth; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the\ncommission of such offence, the abettor shall be punished with imprisonment of any description provided\nfor that offence, for a term which may extend to one-half of the longest term provided for that offence, or\nwith such fine as is provided for the offence, or with both.\nIllustrations.\n(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless\ncommitted the offence defined in this section, and is punishable accordingly.\n(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here,\nthough the robbery be not committed, A is liable to one-half of the longest term of imprisonment\nprovided for that offence, and also to fine.\n(c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that\noffence. Here, though the robbery be not committed, B is liable to one-half of the longest term of\nimprisonment provided for the offence of robbery, and also to fine.", "section_number": "56", "section_title": "Abetment of offence punishable with imprisonment", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 56, BNS 2023" }, { "chunk_id": "BNS_57", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 57: Abetting commission of offence by public or by more than ten persons.]\n\n57. Abetting commission of offence by public or by more than ten persons.—Whoever abets the\ncommission of an offence by the public generally or by any number or class of persons exceeding ten,\nshall be punished with imprisonment of either description for a term which may extend to seven years\nand with fine.\nIllustration.\nA affixes in a public place a placard instigating a sect consisting of more than ten members to meet at\na certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a\nprocession. A has committed the offence defined in this section.", "section_number": "57", "section_title": "Abetting commission of offence by public or by more than ten persons", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 57, BNS 2023" }, { "chunk_id": "BNS_58", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 58: Concealing design to commit offence punishable with death or imprisonment for life.]\n\n58. Concealing design to commit offence punishable with death or imprisonment for life.—\nWhoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of\nan offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or\nby the use of encryption or any other information hiding tool, the existence of a design to commit such\noffence or makes any representation which he knows to be false respecting such design shall,—\n(a) if that offence be committed, be punished with imprisonment of either description for a term\nwhich may extend to seven years; or\n(b) if the offence be not committed, with imprisonment of either description, for a term which\nmay extend to three years,\nand shall also be liable to fine.\nIllustration.\nA, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is\nabout to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with\nintent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the\ndesign. A is punishable under this section.", "section_number": "58", "section_title": "Concealing design to commit offence punishable with death or imprisonment for life", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 58, BNS 2023" }, { "chunk_id": "BNS_59", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 59: Public servant concealing design to commit offence which it is his duty to prevent.]\n\n59. Public servant concealing design to commit offence which it is his duty to prevent.—\nWhoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby\n\nfacilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily\nconceals, by any act or omission or by the use of encryption or any other information hiding tool, the\nexistence of a design to commit such offence, or makes any representation which he knows to be false\nrespecting such design shall,—\n(a) if the offence be committed, be punished with imprisonment of any description provided for\nthe offence, for a term which may extend to one-half of the longest term of such imprisonment, or\nwith such fine as is provided for that offence, or with both; or\n(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either\ndescription for a term which may extend to ten years; or\n(c) if the offence be not committed, shall be punished with imprisonment of any description\nprovided for the offence for a term which may extend to one-fourth part of the longest term of such\nimprisonment or with such fine as is provided for the offence, or with both.\nIllustration.\nA, an officer of police, being legally bound to give information of all designs to commit robbery\nwhich may come to his knowledge, and knowing that B designs to commit robbery, omits to give such\ninformation, with intent to so facilitate the commission of that offence.\nHere A has by an illegal omission concealed the existence of B’s design, and is liable to punishment\naccording to the provision of this section.", "section_number": "59", "section_title": "Public servant concealing design to commit offence which it is his duty to prevent", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 59, BNS 2023" }, { "chunk_id": "BNS_60", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 60: Concealing design to commit offence punishable with imprisonment.]\n\n60. Concealing design to commit offence punishable with imprisonment.—Whoever, intending to\nfacilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable\nwith imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to\ncommit such offence, or makes any representation which he knows to be false respecting such design\nshall,—\n(a) if the offence be committed, be punished with imprisonment of the description provided for\nthe offence, for a term which may extend to one-fourth; and\n(b) if the offence be not committed, to one-eighth,\nof the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.", "section_number": "60", "section_title": "Concealing design to commit offence punishable with imprisonment", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 60, BNS 2023" }, { "chunk_id": "BNS_61", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 61: Criminal conspiracy.]\n\n61. Criminal conspiracy.—(1) When two or more persons agree with the common object to do, or\ncause to be done—\n(a) an illegal act; or\n(b) an act which is not illegal by illegal means, such an agreement is designated a criminal\nconspiracy:\nProvided that no agreement except an agreement to commit an offence shall amount to a criminal\nconspiracy unless some act besides the agreement is done by one or more parties to such agreement in\npursuance thereof.\nExplanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is\nmerely incidental to that object.\n(2) Whoever is a party to a criminal conspiracy,—\n(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment\nfor a term of two years or upwards, shall, where no express provision is made in this Sanhita for the\npunishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;\n(b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be\npunished with imprisonment of either description for a term not exceeding six months, or with fine or\nwith both.", "section_number": "61", "section_title": "Criminal conspiracy", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 61, BNS 2023" }, { "chunk_id": "BNS_62", "text": "[Context: This section is from BNS 2023, CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT. It covers Section 62: Punishment for attempting to commit offences punishable with imprisonment for life or.]\n\n62. Punishment for attempting to commit offences punishable with imprisonment for life or\nother imprisonment.—Whoever attempts to commit an offence punishable by this Sanhita with\nimprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt\ndoes any act towards the commission of the offence, shall, where no express provision is made by this\nSanhita for the punishment of such attempt, be punished with imprisonment of any description provided\nfor the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may\nbe, one-half of the longest term of imprisonment provided for that offence, or with such fine as is\nprovided for the offence, or with both.\nIllustrations.\n(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the\nbox, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is\nguilty under this section.\n(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the\nattempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.", "section_number": "62", "section_title": "Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment", "chapter": "CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT", "act": "BNS 2023", "source_label": "Section 62, BNS 2023" }, { "chunk_id": "BNS_63", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 63: Rape.]\n\n63. Rape.—A man is said to commit “rape” if he—\n(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or\nmakes her to do so with him or any other person; or\n(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the\nurethra or anus of a woman or makes her to do so with him or any other person; or\n(c) manipulates any part of the body of a woman so as to cause penetration into the vagina,\nurethra, anus or any part of body of such woman or makes her to do so with him or any other person;\nor\n(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or\nany other person,\nunder the circumstances falling under any of the following seven descriptions:—\n(i) against her will;\n(ii) without her consent;\n(iii) with her consent, when her consent has been obtained by putting her or any person in whom\nshe is interested, in fear of death or of hurt;\n(iv) with her consent, when the man knows that he is not her husband and that her consent is\ngiven because she believes that he is another man to whom she is or believes herself to be lawfully\nmarried;\n(v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind\nor intoxication or the administration by him personally or through another of any stupefying or\nunwholesome substance, she is unable to understand the nature and consequences of that to which\nshe gives consent;\n(vi) with or without her consent, when she is under eighteen years of age;\n(vii) when she is unable to communicate consent.\nExplanation 1.—For the purposes of this section, “vagina” shall also include labia majora.\n\nExplanation 2.—Consent means an unequivocal voluntary agreement when the woman by words,\ngestures or any form of verbal or non-verbal communication, communicates willingness to participate in\nthe specific sexual act:\nProvided that a woman who does not physically resist to the act of penetration shall not by the reason\nonly of that fact, be regarded as consenting to the sexual activity.\nException 1.—A medical procedure or intervention shall not constitute rape.\nException 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under\neighteen years of age, is not rape.", "section_number": "63", "section_title": "Rape", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 63, BNS 2023" }, { "chunk_id": "BNS_64", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 64: Punishment for rape.]\n\n64. Punishment for rape.—(1) Whoever, except in the cases provided for in sub-section (2),\ncommits rape, shall be punished with rigorous imprisonment of either description for a term which shall\nnot be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.\n(2) Whoever,—\n(a) being a police officer, commits rape,—\n(i) within the limits of the police station to which such police officer is appointed; or\n(ii) in the premises of any station house; or\n(iii) on a woman in such police officer’s custody or in the custody of a police officer\nsubordinate to such police officer; or\n(b) being a public servant, commits rape on a woman in such public servant’s custody or in the\ncustody of a public servant subordinate to such public servant; or\n(c) being a member of the armed forces deployed in an area by the Central Government or a\nState Government commits rape in such area; or\n(d) being on the management or on the staff of a jail, remand home or other place of custody\nestablished by or under any law for the time being in force or of a women’s or children’s institution,\ncommits rape on any inmate of such jail, remand home, place or institution; or\n(e) being on the management or on the staff of a hospital, commits rape on a woman in that\nhospital; or\n(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards\nthe woman, commits rape on such woman; or\n(g) commits rape during communal or sectarian violence; or\n(h) commits rape on a woman knowing her to be pregnant; or\n(i) commits rape, on a woman incapable of giving consent; or\n(j) being in a position of control or dominance over a woman, commits rape on such woman; or\n(k) commits rape on a woman suffering from mental or physical disability; or\n(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the\nlife of a woman; or\n(m) commits rape repeatedly on the same woman,\nshall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which\nmay extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s\nnatural life, and shall also be liable to fine.\nExplanation.—For the purposes of this sub-section,—\n(a) “armed forces” means the naval, army and air forces and includes any member of the Armed\nForces constituted under any law for the time being in force, including the paramilitary forces and\nany auxiliary forces that are under the control of the Central Government or the State Government;\n\n(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for\nthe reception and treatment of persons during convalescence or of persons requiring medical attention\nor rehabilitation;\n(c) “police officer” shall have the same meaning as assigned to the expression “police” under the\nPolice Act, 1861 (5 of 1861);\n(d) “women’s or children’s institution” means an institution, whether called an orphanage or a\nhome for neglected women or children or a widow’s home or an institution called by any other name,\nwhich is established and maintained for the reception and care of women or children.", "section_number": "64", "section_title": "Punishment for rape", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 64, BNS 2023" }, { "chunk_id": "BNS_65", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 65: Punishment for rape in certain cases.]\n\n65. Punishment for rape in certain cases.—(1) Whoever, commits rape on a woman under sixteen\nyears of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty\nyears, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder\nof that person’s natural life, and shall also be liable to fine:\nProvided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation\nof the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the victim.\n(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous\nimprisonment for a term which shall not be less than twenty years, but which may extend to\nimprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and\nwith fine or with death:\nProvided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation\nof the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the victim.", "section_number": "65", "section_title": "Punishment for rape in certain cases", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 65, BNS 2023" }, { "chunk_id": "BNS_66", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 66: Punishment for causing death or resulting in persistent vegetative state of victim.]\n\n66. Punishment for causing death or resulting in persistent vegetative state of victim.—\nWhoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the\ncourse of such commission inflicts an injury which causes the death of the woman or causes the woman\nto be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall\nnot be less than twenty years, but which may extend to imprisonment for life, which shall mean\nimprisonment for the remainder of that person’s natural life, or with death.", "section_number": "66", "section_title": "Punishment for causing death or resulting in persistent vegetative state of victim", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 66, BNS 2023" }, { "chunk_id": "BNS_67", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 67: Sexual intercourse by husband upon his wife during separation.]\n\n67. Sexual intercourse by husband upon his wife during separation.—Whoever has sexual\nintercourse with his own wife, who is living separately, whether under a decree of separation or\notherwise, without her consent, shall be punished with imprisonment of either description for a term\nwhich shall not be less than two years but which may extend to seven years, and shall also be liable to\nfine.\nExplanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in\nclauses (a) to (d) of section 63.", "section_number": "67", "section_title": "Sexual intercourse by husband upon his wife during separation", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 67, BNS 2023" }, { "chunk_id": "BNS_68", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 68: Sexual intercourse by a person in authority.]\n\n68. Sexual intercourse by a person in authority.—Whoever, being—\n(a) in a position of authority or in a fiduciary relationship; or\n(b) a public servant; or\n(c) superintendent or manager of a jail, remand home or other place of custody established by or\nunder any law for the time being in force, or a women’s or children’s institution; or\n(d) on the management of a hospital or being on the staff of a hospital,\nabuses such position or fiduciary relationship to induce or seduce any woman either in his custody or\nunder his charge or present in the premises to have sexual intercourse with him, such sexual intercourse\nnot amounting to the offence of rape, shall be punished with rigorous imprisonment of either description\nfor a term which shall not be less than five years, but which may extend to ten years, and shall also be\nliable to fine.\n\nExplanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in\nclauses (a) to (d) of section 63.\nExplanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be\napplicable.\nExplanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a\nwomen’s or children’s institution, includes a person holding any other office in such jail, remand home,\nplace or institution by virtue of which such person can exercise any authority or control over its inmates.\nExplanation 4.—The expressions “hospital” and “women’s or children’s institution” shall\nrespectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of\nsection 64.", "section_number": "68", "section_title": "Sexual intercourse by a person in authority", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 68, BNS 2023" }, { "chunk_id": "BNS_69", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 69: Sexual intercourse by employing deceitful means, etc.]\n\n69. Sexual intercourse by employing deceitful means, etc.—Whoever, by deceitful means or by\nmaking promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse\nwith her, such sexual intercourse not amounting to the offence of rape, shall be punished with\nimprisonment of either description for a term which may extend to ten years and shall also be liable to\nfine.\nExplanation.— “deceitful means” shall include inducement for, or false promise of employment or\npromotion, or marrying by suppressing identity.", "section_number": "69", "section_title": "Sexual intercourse by employing deceitful means, etc", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 69, BNS 2023" }, { "chunk_id": "BNS_70", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 70: Gang rape.]\n\n70. Gang rape.—(1) Where a woman is raped by one or more persons constituting a group or acting\nin furtherance of a common intention, each of those persons shall be deemed to have committed the\noffence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than\ntwenty years, but which may extend to imprisonment for life which shall mean imprisonment for the\nremainder of that person’s natural life, and with fine:\nProvided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation\nof the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the victim.\n(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group\nor acting in furtherance of a common intention, each of those persons shall be deemed to have committed\nthe offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for\nthe remainder of that person’s natural life, and with fine, or with death:\nProvided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation\nof the victim:\nProvided further that any fine imposed under this sub-section shall be paid to the victim.", "section_number": "70", "section_title": "Gang rape", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 70, BNS 2023" }, { "chunk_id": "BNS_71", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 71: Punishment for repeat offenders.]\n\n71. Punishment for repeat offenders.—Whoever has been previously convicted of an offence\npunishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an\noffence punishable under any of the said sections shall be punished with imprisonment for life which\nshall mean imprisonment for the remainder of that person’s natural life, or with death.", "section_number": "71", "section_title": "Punishment for repeat offenders", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 71, BNS 2023" }, { "chunk_id": "BNS_72", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 72: Disclosure of identity of victim of certain offences, etc.]\n\n72. Disclosure of identity of victim of certain offences, etc.—(1) Whoever prints or publishes the\nname or any matter which may make known the identity of any person against whom an offence under\nsection 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71\nis alleged or found to have been committed (hereafter in this section referred to as the victim) shall be\npunished with imprisonment of either description for a term which may extend to two years and shall also\nbe liable to fine.\n(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which\nmay make known the identity of the victim if such printing or publication is—\n(a) by or under the order in writing of the officer-in-charge of the police station or the police\nofficer making the investigation into such offence acting in good faith for the purposes of such\ninvestigation; or\n\n(b) by, or with the authorisation in writing of, the victim; or\n(c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in\nwriting of, the next of kin of the victim:\nProvided that no such authorisation shall be given by the next of kin to anybody other than the\nchairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.\nExplanation.—For the purposes of this sub-section, “recognised welfare institution or organisation”\nmeans a social welfare institution or organisation recognised in this behalf by the Central Government or\nthe State Government.", "section_number": "72", "section_title": "Disclosure of identity of victim of certain offences, etc", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 72, BNS 2023" }, { "chunk_id": "BNS_73", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 73: Printing or publishing any matter relating to Court proceedings without permission.]\n\n73. Printing or publishing any matter relating to Court proceedings without permission.—\nWhoever prints or publishes any matter in relation to any proceeding before a Court with respect to an\noffence referred to in section 72 without the previous permission of such Court shall be punished with\nimprisonment of either description for a term which may extend to two years and shall also be liable to\nfine.\nExplanation.—The printing or publication of the judgment of any High Court or the Supreme Court\ndoes not amount to an offence within the meaning of this section.\nOf criminal force and assault against woman", "section_number": "73", "section_title": "Printing or publishing any matter relating to Court proceedings without permission", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 73, BNS 2023" }, { "chunk_id": "BNS_74", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 74: Assault or use of criminal force to woman with intent to outrage her modesty.]\n\n74. Assault or use of criminal force to woman with intent to outrage her modesty.—Whoever\nassaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will\nthereby outrage her modesty, shall be punished with imprisonment of either description for a term which\nshall not be less than one year but which may extend to five years, and shall also be liable to fine.", "section_number": "74", "section_title": "Assault or use of criminal force to woman with intent to outrage her modesty", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 74, BNS 2023" }, { "chunk_id": "BNS_75", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 75: Sexual harassment.]\n\n75. Sexual harassment.—(1) A man committing any of the following acts:—\n(i) physical contact and advances involving unwelcome and explicit sexual overtures; or\n(ii) a demand or request for sexual favours; or\n(iii) showing pornography against the will of a woman; or\n(iv) making sexually coloured remarks,\nshall be guilty of the offence of sexual harassment.\n(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of\nsub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years,\nor with fine, or with both.\n(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished\nwith imprisonment of either description for a term which may extend to one year, or with fine, or with\nboth.", "section_number": "75", "section_title": "Sexual harassment", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 75, BNS 2023" }, { "chunk_id": "BNS_76", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 76: Assault or use of criminal force to woman with intent to disrobe.]\n\n76. Assault or use of criminal force to woman with intent to disrobe.—Whoever assaults or uses\ncriminal force to any woman or abets such act with the intention of disrobing or compelling her to be\nnaked, shall be punished with imprisonment of either description for a term which shall not be less than\nthree years but which may extend to seven years, and shall also be liable to fine.", "section_number": "76", "section_title": "Assault or use of criminal force to woman with intent to disrobe", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 76, BNS 2023" }, { "chunk_id": "BNS_77", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 77: Voyeurism.]\n\n77. Voyeurism.—Whoever watches, or captures the image of a woman engaging in a private act in\ncircumstances where she would usually have the expectation of not being observed either by the\nperpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be\npunished on first conviction with imprisonment of either description for a term which shall not be less\nthan one year, but which may extend to three years, and shall also be liable to fine, and be punished on a\nsecond or subsequent conviction, with imprisonment of either description for a term which shall not be\nless than three years, but which may extend to seven years, and shall also be liable to fine.\nExplanation 1.—For the purposes of this section, “private act” includes an act of watching carried out\nin a place which, in the circumstances, would reasonably be expected to provide privacy and where the\n\nvictim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a\nlavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.\nExplanation 2.—Where the victim consents to the capture of the images or any act, but not to their\ndissemination to third persons and where such image or act is disseminated, such dissemination shall be\nconsidered an offence under this section.", "section_number": "77", "section_title": "Voyeurism", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 77, BNS 2023" }, { "chunk_id": "BNS_78", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 78: Stalking.]\n\n78. Stalking.—(1) Any man who—\n(i) follows a woman and contacts, or attempts to contact such woman to foster personal\ninteraction repeatedly despite a clear indication of disinterest by such woman; or\n(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic\ncommunication,\ncommits the offence of stalking:\nProvided that such conduct shall not amount to stalking if the man who pursued it proves that—\n(i) it was pursued for the purpose of preventing or detecting crime and the man accused of\nstalking had been entrusted with the responsibility of prevention and detection of crime by the State;\nor\n(ii) it was pursued under any law or to comply with any condition or requirement imposed by any\nperson under any law; or\n(iii) in the particular circumstances such conduct was reasonable and justified.\n(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment\nof either description for a term which may extend to three years, and shall also be liable to fine; and be\npunished on a second or subsequent conviction, with imprisonment of either description for a term which\nmay extend to five years, and shall also be liable to fine.", "section_number": "78", "section_title": "Stalking", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 78, BNS 2023" }, { "chunk_id": "BNS_79", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 79: Word, gesture or act intended to insult modesty of a woman.]\n\n79. Word, gesture or act intended to insult modesty of a woman.—Whoever, intending to insult\nthe modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any\nform, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by\nsuch woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment\nfor a term which may extend to three years, and also with fine.\nOf offences relating to marriage", "section_number": "79", "section_title": "Word, gesture or act intended to insult modesty of a woman", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 79, BNS 2023" }, { "chunk_id": "BNS_80", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 80: Dowry death.]\n\n80. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or\noccurs otherwise than under normal circumstances within seven years of her marriage and it is shown that\nsoon before her death she was subjected to cruelty or harassment by her husband or any relative of her\nhusband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and\nsuch husband or relative shall be deemed to have caused her death.\nExplanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in\nsection 2 of the Dowry Prohibition Act, 1961 (28 of 1961).\n(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be\nless than seven years but which may extend to imprisonment for life.", "section_number": "80", "section_title": "Dowry death", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 80, BNS 2023" }, { "chunk_id": "BNS_81", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 81: Cohabitation caused by man deceitfully inducing belief of lawful marriage.]\n\n81. Cohabitation caused by man deceitfully inducing belief of lawful marriage.—Every man who\nby deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to\nhim and to cohabit or have sexual intercourse with him in that belief, shall be punished with\nimprisonment of either description for a term which may extend to ten years, and shall also be liable to\nfine.", "section_number": "81", "section_title": "Cohabitation caused by man deceitfully inducing belief of lawful marriage", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 81, BNS 2023" }, { "chunk_id": "BNS_82", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 82: Marrying again during lifetime of husband or wife.]\n\n82. Marrying again during lifetime of husband or wife.—(1) Whoever, having a husband or wife\nliving, marries in any case in which such marriage is void by reason of its taking place during the life of\nsuch husband or wife, shall be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine.\n\nException.—This sub-section does not extend to any person whose marriage with such husband or\nwife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a\nmarriage during the life of a former husband or wife, if such husband or wife, at the time of the\nsubsequent marriage, shall have been continually absent from such person for the space of seven years,\nand shall not have been heard of by such person as being alive within that time provided the person\ncontracting such subsequent marriage shall, before such marriage takes place, inform the person with\nwhom such marriage is contracted of the real state of facts so far as the same are within his or her\nknowledge.\n(2) Whoever commits the offence under sub-section (1) having concealed from the person with\nwhom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with\nimprisonment of either description for a term which may extend to ten years, and shall also be liable to\nfine.", "section_number": "82", "section_title": "Marrying again during lifetime of husband or wife", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 82, BNS 2023" }, { "chunk_id": "BNS_83", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 83: Marriage ceremony fraudulently gone through without lawful marriage.]\n\n83. Marriage ceremony fraudulently gone through without lawful marriage.—Whoever,\ndishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he\nis not thereby lawfully married, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine.", "section_number": "83", "section_title": "Marriage ceremony fraudulently gone through without lawful marriage", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 83, BNS 2023" }, { "chunk_id": "BNS_84", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 84: Enticing or taking away or detaining with criminal intent a married woman.]\n\n84. Enticing or taking away or detaining with criminal intent a married woman.—Whoever\ntakes or entices away any woman who is and whom he knows or has reason to believe to be the wife of\nany other man, with intent that she may have illicit intercourse with any person, or conceals or detains\nwith that intent any such woman, shall be punished with imprisonment of either description for a term\nwhich may extend to two years, or with fine, or with both.", "section_number": "84", "section_title": "Enticing or taking away or detaining with criminal intent a married woman", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 84, BNS 2023" }, { "chunk_id": "BNS_85", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 85: Husband or relative of husband of a woman subjecting her to cruelty.]\n\n85. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the\nhusband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished\nwith imprisonment for a term which may extend to three years and shall also be liable to fine.", "section_number": "85", "section_title": "Husband or relative of husband of a woman subjecting her to cruelty", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 85, BNS 2023" }, { "chunk_id": "BNS_86", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 86: Cruelty defined.]\n\n86. Cruelty defined.—For the purposes of section 85, “cruelty” means—\n(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide\nor to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;\nor\n(b) harassment of the woman where such harassment is with a view to coercing her or any person\nrelated to her to meet any unlawful demand for any property or valuable security or is on account of\nfailure by her or any person related to her to meet such demand.", "section_number": "86", "section_title": "Cruelty defined", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 86, BNS 2023" }, { "chunk_id": "BNS_87", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 87: Kidnapping, abducting or inducing woman to compel her marriage, etc.]\n\n87. Kidnapping, abducting or inducing woman to compel her marriage, etc.—Whoever kidnaps\nor abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be\ncompelled, to marry any person against her will, or in order that she may be forced or seduced to illicit\nintercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be\npunished with imprisonment of either description for a term which may extend to ten years, and shall also\nbe liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of\nauthority or any other method of compulsion, induces any woman to go from any place with intent that\nshe may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with\nanother person shall also be punishable as aforesaid.\nOf causing miscarriage, etc.", "section_number": "87", "section_title": "Kidnapping, abducting or inducing woman to compel her marriage, etc", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 87, BNS 2023" }, { "chunk_id": "BNS_88", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 88: Causing miscarriage.]\n\n88. Causing miscarriage.—Whoever voluntarily causes a woman with child to miscarry, shall, if\nsuch miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished\nwith imprisonment of either description for a term which may extend to three years, or with fine, or with\nboth; and, if the woman be quick with child, shall be punished with imprisonment of either description\nfor a term which may extend to seven years, and shall also be liable to fine.\nExplanation.—A woman who causes herself to miscarry, is within the meaning of this section.", "section_number": "88", "section_title": "Causing miscarriage", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 88, BNS 2023" }, { "chunk_id": "BNS_89", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 89: Causing miscarriage without woman’s consent.]\n\n89. Causing miscarriage without woman’s consent.—Whoever commits the offence under\nsection 88 without the consent of the woman, whether the woman is quick with child or not, shall be\n\npunished with imprisonment for life, or with imprisonment of either description for a term which may\nextend to ten years, and shall also be liable to fine.", "section_number": "89", "section_title": "Causing miscarriage without woman’s consent", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 89, BNS 2023" }, { "chunk_id": "BNS_90", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 90: Death caused by act done with intent to cause miscarriage.]\n\n90. Death caused by act done with intent to cause miscarriage.—(1) Whoever, with intent to\ncause the miscarriage of a woman with child, does any act which causes the death of such woman, shall\nbe punished with imprisonment of either description for a term which may extend to ten years, and shall\nalso be liable to fine.\n(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be\npunishable either with imprisonment for life, or with the punishment specified in said sub-section.\nExplanation.—It is not essential to this offence that the offender should know that the act is likely to\ncause death.", "section_number": "90", "section_title": "Death caused by act done with intent to cause miscarriage", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 90, BNS 2023" }, { "chunk_id": "BNS_91", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 91: Act done with intent to prevent child being born alive or to cause to die after birth.]\n\n91. Act done with intent to prevent child being born alive or to cause to die after birth.—\nWhoever before the birth of any child does any act with the intention of thereby preventing that child\nfrom being born alive or causing it to die after its birth, and does by such act prevent that child from\nbeing born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the\npurpose of saving the life of the mother, be punished with imprisonment of either description for a term\nwhich may extend to ten years, or with fine, or with both.", "section_number": "91", "section_title": "Act done with intent to prevent child being born alive or to cause to die after birth", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 91, BNS 2023" }, { "chunk_id": "BNS_92", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 92: Causing death of quick unborn child by act amounting to culpable homicide.]\n\n92. Causing death of quick unborn child by act amounting to culpable homicide.—Whoever\ndoes any act under such circumstances, that if he thereby caused death he would be guilty of culpable\nhomicide, and does by such act cause the death of a quick unborn child, shall be punished with\nimprisonment of either description for a term which may extend to ten years, and shall also be liable to\nfine.\nIllustration.\nA, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused\nthe death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but\nthe death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence\ndefined in this section.\nOf offences against child", "section_number": "92", "section_title": "Causing death of quick unborn child by act amounting to culpable homicide", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 92, BNS 2023" }, { "chunk_id": "BNS_93", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 93: Exposure and abandonment of child under twelve years of age, by parent or person having.]\n\n93. Exposure and abandonment of child under twelve years of age, by parent or person having\ncare of it.—Whoever being the father or mother of a child under the age of twelve years, or having the\ncare of such child, shall expose or leave such child in any place with the intention of wholly abandoning\nsuch child, shall be punished with imprisonment of either description for a term which may extend to\nseven years, or with fine, or with both.\nExplanation.—This section is not intended to prevent the trial of the offender for murder or culpable\nhomicide, as the case may be, if the child die in consequence of the exposure.", "section_number": "93", "section_title": "Exposure and abandonment of child under twelve years of age, by parent or person having", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 93, BNS 2023" }, { "chunk_id": "BNS_94", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 94: Concealment of birth by secret disposal of dead body.]\n\n94. Concealment of birth by secret disposal of dead body.—Whoever, by secretly burying or\notherwise disposing of the dead body of a child whether such child die before or after or during its birth,\nintentionally conceals or endeavours to conceal the birth of such child, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or with both.", "section_number": "94", "section_title": "Concealment of birth by secret disposal of dead body", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 94, BNS 2023" }, { "chunk_id": "BNS_95", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 95: Hiring, employing or engaging a child to commit an offence.]\n\n95. Hiring, employing or engaging a child to commit an offence.—Whoever hires, employs or\nengages any child to commit an offence shall be punished with imprisonment of either description which\nshall not be less than three years but which may extend to ten years, and with fine; and if the offence be\ncommitted shall also be punished with the punishment provided for that offence as if the offence has been\ncommitted by such person himself.\nExplanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is\ncovered within the meaning of this section.", "section_number": "95", "section_title": "Hiring, employing or engaging a child to commit an offence", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 95, BNS 2023" }, { "chunk_id": "BNS_96", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 96: Procuration of child.]\n\n96. Procuration of child.—Whoever, by any means whatsoever, induces any child to go from any\nplace or to do any act with intent that such child may be, or knowing that it is likely that such child will\n\nbe, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment\nwhich may extend to ten years, and shall also be liable to fine.", "section_number": "96", "section_title": "Procuration of child", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 96, BNS 2023" }, { "chunk_id": "BNS_97", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 97: Kidnapping or abducting child under ten years of age with intent to steal from its person.]\n\n97. Kidnapping or abducting child under ten years of age with intent to steal from its person.—\nWhoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly\nany movable property from the person of such child, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.", "section_number": "97", "section_title": "Kidnapping or abducting child under ten years of age with intent to steal from its person", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 97, BNS 2023" }, { "chunk_id": "BNS_98", "text": "[Context: This section is from BNS 2023, CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD. It covers Section 98: Selling child for purposes of prostitution, etc.]\n\n98. Selling child for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise\ndisposes of any child with intent that such child shall at any age be employed or used for the purpose of\nprostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it\nto be likely that such child will at any age be employed or used for any such purpose, shall be punished\nwith imprisonment of either description for a term which may extend to ten years, and shall also be liable\nto fine.\nExplanation 1.—When a female under the age of eighteen years is sold, let for hire, or otherwise\ndisposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of\nsuch female shall, until the contrary is proved, be presumed to have disposed of her with the intent that\nshe shall be used for the purpose of prostitution.\nExplanation 2.—For the purposes of this section “illicit intercourse” means sexual intercourse\nbetween persons not united by marriage or by any union or tie which, though not amounting to a\nmarriage, is recognised by the personal law or custom of the community to which they belong or, where\nthey belong to different communities, of both such communities, as constituting between them a\nquasi-marital relation.", "section_number": "98", "section_title": "Selling child for purposes of prostitution, etc", "chapter": "CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD", "act": "BNS 2023", "source_label": "Section 98, BNS 2023" }, { "chunk_id": "BNS_99", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 99: Buying child for purposes of prostitution, etc.]\n\n99. Buying child for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains\npossession of any child with intent that such child shall at any age be employed or used for the purpose of\nprostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it\nto be likely that such child will at any age be employed or used for any such purpose, shall be punished\nwith imprisonment of either description for a term which shall not be less than seven years but which\nmay extend to fourteen years, and shall also be liable to fine.\nExplanation 1.—Any prostitute or any person keeping or managing a brothel, who buys, hires or\notherwise obtains possession of a female under the age of eighteen years shall, until the contrary is\nproved, be presumed to have obtained possession of such female with the intent that she shall be used for\nthe purpose of prostitution.\nExplanation 2.— “Illicit intercourse” has the same meaning as in section 98.\nOf offences affecting life", "section_number": "99", "section_title": "Buying child for purposes of prostitution, etc", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 99, BNS 2023" }, { "chunk_id": "BNS_100", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 100: Culpable homicide.]\n\n100. Culpable homicide.—Whoever causes death by doing an act with the intention of causing\ndeath, or with the intention of causing such bodily injury as is likely to cause death, or with the\nknowledge that he is likely by such act to cause death, commits the offence of culpable homicide.\nIllustrations.\n(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the\nknowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls\nin and is killed. A has committed the offence of culpable homicide.\n(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be\nlikely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no\noffence; but A has committed the offence of culpable homicide.\n(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not\nknowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable\n\nhomicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause\ndeath.\nExplanation 1.—A person who causes bodily injury to another who is labouring under a disorder,\ndisease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have\ncaused his death.\nExplanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury\nshall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment\nthe death might have been prevented.\nExplanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it\nmay amount to culpable homicide to cause the death of a living child, if any part of that child has been\nbrought forth, though the child may not have breathed or been completely born.", "section_number": "100", "section_title": "Culpable homicide", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 100, BNS 2023" }, { "chunk_id": "BNS_101", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 101: Murder.]\n\n101. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder,—\n(a) if the act by which the death is caused is done with the intention of causing death; or\n(b) if the act by which the death is caused is done with the intention of causing such bodily injury\nas the offender knows to be likely to cause the death of the person to whom the harm is caused; or\n(c) if the act by which the death is caused is done with the intention of causing bodily injury to\nany person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature\nto cause death; or\n(d) if the person committing the act by which the death is caused, knows that it is so imminently\ndangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death,\nand commits such act without any excuse for incurring the risk of causing death or such injury as\naforesaid.\nIllustrations.\n(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.\n(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes\nhim with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder,\nalthough the blow might not have been sufficient in the ordinary course of nature to cause the death of a\nperson in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him\nsuch a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A,\nalthough he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death,\nor such bodily injury as in the ordinary course of nature would cause death.\n(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the\nordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have\nintended to cause Z’s death.\n(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is\nguilty of murder, although he may not have had a premeditated design to kill any particular individual.\nException 1.—Culpable homicide is not murder if the offender, whilst deprived of the power of\nself-control by grave and sudden provocation, causes the death of the person who gave the provocation or\ncauses the death of any other person by mistake or accident:\nProvided that the provocation is not,—\n(a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any\nperson;\n(b) given by anything done in obedience to the law, or by a public servant in the lawful exercise\nof the powers of such public servant;\n(c) given by anything done in the lawful exercise of the right of private defence.\n\nExplanation.—Whether the provocation was grave and sudden enough to prevent the offence from\namounting to murder is a question of fact.\nIllustrations.\n(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y,\nZ’s child. This is murder, in as much as the provocation was not given by the child, and the death of\nthe child was not caused by accident or misfortune in doing an act caused by the provocation.\n(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither\nintending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here\nA has not committed murder, but merely culpable homicide.\n(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest,\nand kills Z. This is murder, in as much as the provocation was given by a thing done by a public\nservant in the exercise of his powers.\n(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s\ndeposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z.\nThis is murder.\n(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to\nprevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z.\nThis is murder, in as much as the provocation was giving by a thing done in the exercise of the right of\nprivate defence.\n(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take\nadvantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z\nwith the knife. Here B may have committed only culpable homicide, but A is guilty of murder.\nException 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the\nright of private defence of person or property, exceeds the power given to him by law and causes the\ndeath of the person against whom he is exercising such right of defence without premeditation, and\nwithout any intention of doing more harm than is necessary for the purpose of such defence.\nIllustration.\nZ attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol.\nZ persists in the assault. A believing in good faith that he can by no other means prevent himself from\nbeing horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.\nException 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a\npublic servant acting for the advancement of public justice, exceeds the powers given to him by law, and\ncauses death by doing an act which he, in good faith, believes to be lawful and necessary for the due\ndischarge of his duty as such public servant and without ill-will towards the person whose death is\ncaused.\nException 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden\nfight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue\nadvantage or acted in a cruel or unusual manner.\nExplanation.—It is immaterial in such cases which party offers the provocation or commits the first\nassault.\nException 5.—Culpable homicide is not murder when the person whose death is caused, being above\nthe age of eighteen years, suffers death or takes the risk of death with his own consent.\nIllustration.\nA, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he\nwas incapable of giving consent to his own death; A has therefore abetted murder.", "section_number": "101", "section_title": "Murder", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 101, BNS 2023" }, { "chunk_id": "BNS_102", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 102: Culpable homicide by causing death of person other than person whose death was.]\n\n102. Culpable homicide by causing death of person other than person whose death was\nintended.—If a person, by doing anything which he intends or knows to be likely to cause death,\n\ncommits culpable homicide by causing the death of any person, whose death he neither intends nor\nknows himself to be likely to cause, the culpable homicide committed by the offender is of the\ndescription of which it would have been if he had caused the death of the person whose death he intended\nor knew himself to be likely to cause.", "section_number": "102", "section_title": "Culpable homicide by causing death of person other than person whose death was", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 102, BNS 2023" }, { "chunk_id": "BNS_103", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 103: Punishment for murder.]\n\n103. Punishment for murder.—(1) Whoever commits murder shall be punished with death or\nimprisonment for life, and shall also be liable to fine.\n(2) When a group of five or more persons acting in concert commits murder on the ground of race,\ncaste or community, sex, place of birth, language, personal belief or any other similar ground each\nmember of such group shall be punished with death or with imprisonment for life, and shall also be liable\nto fine.", "section_number": "103", "section_title": "Punishment for murder", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 103, BNS 2023" }, { "chunk_id": "BNS_104", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 104: Punishment for murder by life-convict.]\n\n104. Punishment for murder by life-convict.—Whoever, being under sentence of imprisonment for\nlife, commits murder, shall be punished with death or with imprisonment for life, which shall mean the\nremainder of that person’s natural life.", "section_number": "104", "section_title": "Punishment for murder by life-convict", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 104, BNS 2023" }, { "chunk_id": "BNS_105", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 105: Punishment for culpable homicide not amounting to murder.]\n\n105. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable\nhomicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of\neither description for a term which shall not be less than five years but which may extend to ten years,\nand shall also be liable to fine, if the act by which the death is caused is done with the intention of\ncausing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either\ndescription for a term which may extend to ten years and with fine, if the act is done with the knowledge\nthat it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as\nis likely to cause death.", "section_number": "105", "section_title": "Punishment for culpable homicide not amounting to murder", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 105, BNS 2023" }, { "chunk_id": "BNS_106", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 106: Causing death by negligence.]\n\n106. Causing death by negligence.—(1) Whoever causes death of any person by doing any rash or\nnegligent act not amounting to culpable homicide, shall be punished with imprisonment of either\ndescription for a term which may extend to five years, and shall also be liable to fine; and if such act is\ndone by a registered medical practitioner while performing medical procedure, he shall be punished with\nimprisonment of either description for a term which may extend to two years, and shall also be liable to\nfine.\nExplanation.—For the purposes of this sub-section, “registered medical practitioner” means a\nmedical practitioner who possesses any medical qualification recognised under the National Medical\nCommission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register\nor a State Medical Register under that Act.\n(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to\nculpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the\nincident, shall be punished with imprisonment of either description of a term which may extend to ten\nyears, and shall also be liable to fine.", "section_number": "106", "section_title": "Causing death by negligence", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 106, BNS 2023" }, { "chunk_id": "BNS_107", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 107: Abetment of suicide of child or person of unsound mind.]\n\n107. Abetment of suicide of child or person of unsound mind.—If any child, any person of\nunsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever\nabets the commission of such suicide, shall be punished with death or imprisonment for life, or\nimprisonment for a term not exceeding ten years, and shall also be liable to fine.", "section_number": "107", "section_title": "Abetment of suicide of child or person of unsound mind", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 107, BNS 2023" }, { "chunk_id": "BNS_108", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 108: Abetment of suicide.]\n\n108. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such\nsuicide, shall be punished with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.", "section_number": "108", "section_title": "Abetment of suicide", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 108, BNS 2023" }, { "chunk_id": "BNS_109", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 109: Attempt to murder.]\n\n109. Attempt to murder.—(1) Whoever does any act with such intention or knowledge, and under\nsuch circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished\nwith imprisonment of either description for a term which may extend to ten years, and shall also be liable\nto fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment\nfor life, or to such punishment as is hereinbefore mentioned.\n\n(2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he\nmay, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the\nremainder of that person’s natural life.\nIllustrations.\n(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would\nbe guilty of murder. A is liable to punishment under this section.\n(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A\nhas committed the offence defined by this section, though the death of the child does not ensue.\n(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires\nthe gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he\nis liable to the punishment provided by the latter part of sub-section (1).\n(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which\nremains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on\nZ’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this\nsection.", "section_number": "109", "section_title": "Attempt to murder", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 109, BNS 2023" }, { "chunk_id": "BNS_110", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 110: Attempt to commit culpable homicide.]\n\n110. Attempt to commit culpable homicide.—Whoever does any act with such intention or\nknowledge and under such circumstances that, if he by that act caused death, he would be guilty of\nculpable homicide not amounting to murder, shall be punished with imprisonment of either description\nfor a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person\nby such act, shall be punished with imprisonment of either description for a term which may extend to\nseven years, or with fine, or with both.\nIllustration\nA, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby\ncaused death, he would be guilty of culpable homicide not amounting to murder. A has committed the\noffence defined in this section.", "section_number": "110", "section_title": "Attempt to commit culpable homicide", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 110, BNS 2023" }, { "chunk_id": "BNS_111", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 111: Organised crime.]\n\n111. Organised crime.—(1) Any continuing unlawful activity including kidnapping, robbery,\nvehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of\npersons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any\nperson or a group of persons acting in concert, singly or jointly, either as a member of an organised crime\nsyndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or\nby any other unlawful means to obtain direct or indirect material benefit including a financial benefit,\nshall constitute organised crime.\nExplanation.—For the purposes of this sub-section,—\n(i) “organised crime syndicate” means a group of two or more persons who, acting either singly\nor jointly, as a syndicate or gang indulge in any continuing unlawful activity;\n(ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable\noffence punishable with imprisonment of three years or more, undertaken by any person, either singly\nor jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of\nwhich more than one charge-sheets have been filed before a competent Court within the preceding\nperiod of ten years and that Court has taken cognizance of such offence, and includes economic\noffence;\n(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency-\nnotes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any\nscheme to defraud several persons or doing any act in any manner with a view to defraud any bank or\nfinancial institution or any other institution or organisation for obtaining monetary benefits in any\nform.\n(2) Whoever commits organised crime shall,—\n\n(a) if such offence has resulted in the death of any person, be punished with death or\nimprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;\n(b) in any other case, be punished with imprisonment for a term which shall not be less than five\nyears but which may extend to imprisonment for life, and shall also be liable to fine which shall not\nbe less than five lakh rupees.\n(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised\ncrime, or otherwise engages in any act preparatory to an organised crime, shall be punished with\nimprisonment for a term which shall not be less than five years but which may extend to imprisonment\nfor life, and shall also be liable to fine which shall not be less than five lakh rupees.\n(4) Any person who is a member of an organised crime syndicate shall be punished with\nimprisonment for a term which shall not be less than five years but which may extend to imprisonment\nfor life, and shall also be liable to fine which shall not be less than five lakh rupees.\n(5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an\norganised crime shall be punished with imprisonment for a term which shall not be less than three years\nbut which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than\nfive lakh rupees:\nProvided that this sub-section shall not apply to any case in which the harbour or concealment is by\nthe spouse of the offender.\n(6) Whoever possesses any property derived or obtained from the commission of an organised crime\nor proceeds of any organised crime or which has been acquired through the organised crime, shall be\npunishable with imprisonment for a term which shall not be less than three years but which may extend to\nimprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees.\n(7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in\npossession of movable or immovable property which he cannot satisfactorily account for, shall be\npunishable with imprisonment for a term which shall not be less than three years but which may extend to\nimprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.", "section_number": "111", "section_title": "Organised crime", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 111, BNS 2023" }, { "chunk_id": "BNS_112", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 112: Petty organised crime.]\n\n112. Petty organised crime.—(1) Whoever, being a member of a group or gang, either singly or\njointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting\nor gambling, selling of public examination question papers or any other similar criminal act, is said to\ncommit petty organised crime.\nExplanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle,\ndwelling house or business premises, cargo theft, pick pocketing, theft through card skimming,\nshoplifting and theft of Automated Teller Machine.\n(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term\nwhich shall not be less than one year but which may extend to seven years, and shall also be liable to fine.", "section_number": "112", "section_title": "Petty organised crime", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 112, BNS 2023" }, { "chunk_id": "BNS_113", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 113: Terrorist act.]\n\n113. Terrorist act.—(1) Whoever does any act with the intent to threaten or likely to threaten the\nunity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or\nlikely to strike terror in the people or any section of the people in India or in any foreign country,—\n(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms\nor other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance\n(whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means\nof whatever nature to cause or likely to cause,—\n(i) death of, or injury to, any person or persons; or\n(ii) loss of, or damage to, or destruction of, property; or\n(iii) disruption of any supplies or services essential to the life of the community in India or in\nany foreign country; or\n\n(iv) damage to, the monetary stability of India by way of production or smuggling or\ncirculation of counterfeit Indian paper currency, coin or of any other material; or\n(v) damage or destruction of any property in India or in a foreign country used or intended to\nbe used for the defence of India or in connection with any other purposes of the Government of\nIndia, any State Government or any of their agencies; or\n(b) overawes by means of criminal force or the show of criminal force or attempts to do so or\ncauses death of any public functionary or attempts to cause death of any public functionary; or\n(c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does\nany other act in order to compel the Government of India, any State Government or the Government\nof a foreign country or an international or inter-governmental organisation or any other person to do\nor abstain from doing any act,\ncommit a terrorist act.\nExplanation.—For the purpose of this sub-section,—\n(a) “public functionary” means the constitutional authorities or any other functionary notified in\nthe Official Gazette by the Central Government as public functionary;\n(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after\nexamination by an authorised or notified forensic authority that such currency imitates or\ncompromises with the key security features of Indian currency.\n(2) Whoever commits a terrorist act shall,—\n(a) if such offence has resulted in the death of any person, be punished with death or\nimprisonment for life, and shall also be liable to fine;\n(b) in any other case, be punished with imprisonment for a term which shall not be less than five\nyears but which may extend to imprisonment for life, and shall also be liable to fine.\n(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or\nknowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a\nterrorist act, shall be punished with imprisonment for a term which shall not be less than five years but\nwhich may extend to imprisonment for life, and shall also be liable to fine.\n(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist\nact, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be\npunished with imprisonment for a term which shall not be less than five years but which may extend to\nimprisonment for life, and shall also be liable to fine.\n(5) Any person who is a member of an organisation which is involved in terrorist act, shall be\npunished with imprisonment for a term which may extend to imprisonment for life, and shall also be\nliable to fine.\n(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing\nthat such person has committed a terrorist act shall be punished with imprisonment for a term which shall\nnot be less than three years but which may extend to imprisonment for life, and shall also be liable to\nfine:\nProvided that this sub-section shall not apply to any case in which the harbour or concealment is by\nthe spouse of the offender.\n(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist\nact or acquired through the commission of any terrorist act shall be punished with imprisonment for a\nterm which may extend to imprisonment for life, and shall also be liable to fine.\nExplanation.—For the removal of doubts, it is hereby declared that the officer not below the rank of\nSuperintendent of Police shall decide whether to register the case under this section or under the\nUnlawful Activities (Prevention) Act, 1967 (37 of 1967).\n\nOf hurt", "section_number": "113", "section_title": "Terrorist act", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 113, BNS 2023" }, { "chunk_id": "BNS_114", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 114: Hurt.]\n\n114. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.", "section_number": "114", "section_title": "Hurt", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 114, BNS 2023" }, { "chunk_id": "BNS_115", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 115: Voluntarily causing hurt.]\n\n115. Voluntarily causing hurt.—(1) Whoever does any act with the intention of thereby causing\nhurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does\nthereby cause hurt to any person, is said “voluntarily to cause hurt”.\n(2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily causes\nhurt, shall be punished with imprisonment of either description for a term which may extend to one year,\nor with fine which may extend to ten thousand rupees, or with both.", "section_number": "115", "section_title": "Voluntarily causing hurt", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 115, BNS 2023" }, { "chunk_id": "BNS_116", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 116: Grievous hurt.]\n\n116. Grievous hurt.—The following kinds of hurt only are designated as “grievous”, namely:—\n(a) Emasculation;\n(b) Permanent privation of the sight of either eye;\n(c) Permanent privation of the hearing of either ear;\n(d) Privation of any member or joint;\n(e) Destruction or permanent impairing of the powers of any member or joint;\n(f) Permanent disfiguration of the head or face;\n(g) Fracture or dislocation of a bone or tooth;\n(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen\ndays in severe bodily pain, or unable to follow his ordinary pursuits.", "section_number": "116", "section_title": "Grievous hurt", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 116, BNS 2023" }, { "chunk_id": "BNS_117", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 117: Voluntarily causing grievous hurt.]\n\n117. Voluntarily causing grievous hurt.—(1) Whoever voluntarily causes hurt, if the hurt which he\nintends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is\ngrievous hurt, is said “voluntarily to cause grievous hurt”.\nExplanation.—A person is not said voluntarily to cause grievous hurt except when he both causes\ngrievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily\nto cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he\nactually causes grievous hurt of another kind.\nIllustration.\nA, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which\ndoes not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of\nfifteen days. A has voluntarily caused grievous hurt.\n(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes\ngrievous hurt, shall be punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine.\n(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes\nany hurt to a person which causes that person to be in permanent disability or in persistent vegetative\nstate, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but\nwhich may extend to imprisonment for life, which shall mean imprisonment for the remainder of that\nperson’s natural life.\n(4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the\nground of his race, caste or community, sex, place of birth, language, personal belief or any other similar\nground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be\npunished with imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.", "section_number": "117", "section_title": "Voluntarily causing grievous hurt", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 117, BNS 2023" }, { "chunk_id": "BNS_118", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means.]\n\n118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.—(1) Whoever,\nexcept in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any\ninstrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is\n\nlikely to cause death, or by means of fire or any heated substance, or by means of any poison or any\ncorrosive substance, or by means of any explosive substance, or by means of any substance which it is\ndeleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any\nanimal, shall be punished with imprisonment of either description for a term which may extend to three\nyears, or with fine which may extend to twenty thousand rupees, or with both.\n(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes\ngrievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or\nwith imprisonment of either description for a term which shall not be less than one year but which may\nextend to ten years, and shall also be liable to fine.", "section_number": "118", "section_title": "Voluntarily causing hurt or grievous hurt by dangerous weapons or means", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 118, BNS 2023" }, { "chunk_id": "BNS_119", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 119: Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal.]\n\n119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal\nact.—(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any\nperson interested in the sufferer, any property or valuable security, or of constraining the sufferer or any\nperson interested in such sufferer to do anything which is illegal or which may facilitate the commission\nof an offence, shall be punished with imprisonment of either description for a term which may extend to\nten years, and shall also be liable to fine.\n(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be\npunished with imprisonment for life, or imprisonment of either description for a term which may extend\nto ten years, and shall also be liable to fine.", "section_number": "119", "section_title": "Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 119, BNS 2023" }, { "chunk_id": "BNS_120", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 120: Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of.]\n\n120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of\nproperty.—(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from\nany person interested in the sufferer, any confession or any information which may lead to the detection\nof an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the\nsufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim\nor demand, or to give information which may lead to the restoration of any property or valuable security,\nshall be punished with imprisonment of either description for a term which may extend to seven years,\nand shall also be liable to fine.\nIllustrations.\n(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is\nguilty of an offence under this section.\n(b) A, a police officer, tortures B to induce him to point out where certain stolen property is\ndeposited. A is guilty of an offence under this section.\n(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from\nZ. A is guilty of an offence under this section.\n(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be\npunished with imprisonment of either description for a term which may extend to ten years, and shall also\nbe liable to fine.", "section_number": "120", "section_title": "Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 120, BNS 2023" }, { "chunk_id": "BNS_121", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty.]\n\n121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.—(1)\nWhoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such\npublic servant, or with intent to prevent or deter that person or any other public servant from discharging\nhis duty as such public servant or in consequence of anything done or attempted to be done by that person\nin the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either\ndescription for a term which may extend to five years, or with fine, or with both.\n(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of\nhis duty as such public servant, or with intent to prevent or deter that person or any other public servant\nfrom discharging his duty as such public servant or in consequence of anything done or attempted to be\ndone by that person in the lawful discharge of his duty as such public servant, shall be punished with\nimprisonment of either description for a term which shall not be less than one year but which may extend\nto ten years, and shall also be liable to fine.", "section_number": "121", "section_title": "Voluntarily causing hurt or grievous hurt to deter public servant from his duty", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 121, BNS 2023" }, { "chunk_id": "BNS_122", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 122: Voluntarily causing hurt or grievous hurt on provocation.]\n\n122. Voluntarily causing hurt or grievous hurt on provocation.—(1) Whoever voluntarily causes\nhurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt\nto any person other than the person who gave the provocation, shall be punished with imprisonment of\neither description for a term which may extend to one month, or with fine which may extend to five\nthousand rupees, or with both.\n(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends\nnor knows himself to be likely to cause grievous hurt to any person other than the person who gave the\nprovocation, shall be punished with imprisonment of either description for a term which may extend to\nfive years, or with fine which may extend to ten thousand rupees, or with both.\nExplanation.—This section is subject to the same proviso as Exception 1 of section 101.", "section_number": "122", "section_title": "Voluntarily causing hurt or grievous hurt on provocation", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 122, BNS 2023" }, { "chunk_id": "BNS_123", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 123: Causing hurt by means of poison, etc., with intent to commit an offence.]\n\n123. Causing hurt by means of poison, etc., with intent to commit an offence.—Whoever\nadministers to or causes to be taken by any person any poison or any stupefying, intoxicating or\nunwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to\nfacilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be\npunished with imprisonment of either description for a term which may extend to ten years, and shall also\nbe liable to fine.", "section_number": "123", "section_title": "Causing hurt by means of poison, etc., with intent to commit an offence", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 123, BNS 2023" }, { "chunk_id": "BNS_124", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 124: Voluntarily causing grievous hurt by use of acid, etc.]\n\n124. Voluntarily causing grievous hurt by use of acid, etc.—(1) Whoever causes permanent or\npartial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body\nof a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by\nusing any other means with the intention of causing or with the knowledge that he is likely to cause such\ninjury or hurt or causes a person to be in a permanent vegetative state shall be punished with\nimprisonment of either description for a term which shall not be less than ten years but which may extend\nto imprisonment for life, and with fine:\nProvided that such fine shall be just and reasonable to meet the medical expenses of the treatment of\nthe victim:\nProvided further that any fine imposed under this sub-section shall be paid to the victim.\n(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any\nperson, or attempts to use any other means, with the intention of causing permanent or partial damage or\ndeformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be\npunished with imprisonment of either description for a term which shall not be less than five years but\nwhich may extend to seven years, and shall also be liable to fine.\nExplanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or\ncorrosive character or burning nature, that is capable of causing bodily injury leading to scars or\ndisfigurement or temporary or permanent disability.\nExplanation 2.—For the purposes of this section, permanent or partial damage or deformity or\npermanent vegetative state shall not be required to be irreversible.", "section_number": "124", "section_title": "Voluntarily causing grievous hurt by use of acid, etc", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 124, BNS 2023" }, { "chunk_id": "BNS_125", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 125: Act endangering life or personal safety of others.]\n\n125. Act endangering life or personal safety of others.—Whoever does any act so rashly or\nnegligently as to endanger human life or the personal safety of others, shall be punished with\nimprisonment of either description for a term which may extend to three months or with fine which may\nextend to two thousand five hundred rupees, or with both, but—\n(a) where hurt is caused, shall be punished with imprisonment of either description for a term\nwhich may extend to six months, or with fine which may extend to five thousand rupees, or with\nboth;\n(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a\nterm which may extend to three years, or with fine which may extend to ten thousand rupees, or with\nboth.\n\nOf wrongful restraint and wrongful confinement", "section_number": "125", "section_title": "Act endangering life or personal safety of others", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 125, BNS 2023" }, { "chunk_id": "BNS_126", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 126: Wrongful restraint.]\n\n126. Wrongful restraint.—(1) Whoever voluntarily obstructs any person so as to prevent that person\nfrom proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain\nthat person.\nException.—The obstruction of a private way over land or water which a person in good faith\nbelieves himself to have a lawful right to obstruct, is not an offence within the meaning of this section.\nIllustration.\nA obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right\nto stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.\n(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term\nwhich may extend to one month, or with fine which may extend to five thousand rupees, or with both.", "section_number": "126", "section_title": "Wrongful restraint", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 126, BNS 2023" }, { "chunk_id": "BNS_127", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 127: Wrongful confinement.]\n\n127. Wrongful confinement.—(1) Whoever wrongfully restrains any person in such a manner as to\nprevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to\nconfine” that person.\nIllustrations.\n(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in\nany direction beyond the circumscribing line of wall. A wrongfully confines Z.\n(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z\nattempts to leave the building. A wrongfully confines Z.\n(2) Whoever wrongfully confines any person shall be punished with imprisonment of either\ndescription for a term which may extend to one year, or with fine which may extend to five thousand\nrupees, or with both.\n(3) Whoever wrongfully confines any person for three days, or more, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine which may\nextend to ten thousand rupees, or with both.\n(4) Whoever wrongfully confines any person for ten days or more, shall be punished with\nimprisonment of either description for a term which may extend to five years, and shall also be liable to\nfine which shall not be less than ten thousand rupees.\n(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that\nperson has been duly issued, shall be punished with imprisonment of either description for a term which\nmay extend to two years in addition to any term of imprisonment to which he may be liable under any\nother section of this Chapter and shall also be liable to fine.\n(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the\nconfinement of such person may not be known to any person interested in the person so confined, or to\nany public servant, or that the place of such confinement may not be known to or discovered by any such\nperson or public servant as hereinbefore mentioned, shall be punished with imprisonment of either\ndescription for a term which may extend to three years in addition to any other punishment to which he\nmay be liable for such wrongful confinement and shall also be liable to fine.\n(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined,\nor from any person interested in the person confined, any property or valuable security or of constraining\nthe person confined or any person interested in such person to do anything illegal or to give any\ninformation which may facilitate the commission of an offence, shall be punished with imprisonment of\neither description for a term which may extend to three years, and shall also be liable to fine.\n(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or\nany person interested in the person confined any confession or any information which may lead to the\ndetection of an offence or misconduct, or for the purpose of constraining the person confined or any\nperson interested in the person confined to restore or to cause the restoration of any property or valuable\n\nsecurity or to satisfy any claim or demand, or to give information which may lead to the restoration of\nany property or valuable security, shall be punished with imprisonment of either description for a term\nwhich may extend to three years, and shall also be liable to fine.\nOf criminal force and assault", "section_number": "127", "section_title": "Wrongful confinement", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 127, BNS 2023" }, { "chunk_id": "BNS_128", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 128: Force.]\n\n128. Force.—A person is said to use force to another if he causes motion, change of motion, or\ncessation of motion to that other, or if he causes to any substance such motion, or change of motion, or\ncessation of motion as brings that substance into contact with any part of that other’s body, or with\nanything which that other is wearing or carrying, or with anything so situated that such contact affects\nthat other’s sense of feeling:\nProvided that the person causing the motion, or change of motion, or cessation of motion, causes that\nmotion, change of motion, or cessation of motion in one of the following three ways, namely:—\n(a) by his own bodily power;\n(b) by disposing any substance in such a manner that the motion or change or cessation of motion\ntakes place without any further act on his part, or on the part of any other person;\n(c) by inducing any animal to move, to change its motion, or to cease to move.", "section_number": "128", "section_title": "Force", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 128, BNS 2023" }, { "chunk_id": "BNS_129", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 129: Criminal force.]\n\n129. Criminal force.—Whoever intentionally uses force to any person, without that person’s\nconsent, in order to the committing of any offence, or intending by the use of such force to cause, or\nknowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person\nto whom the force is used, is said to use criminal force to that other.\nIllustrations.\n(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes\nthe boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing\nsubstances in such a manner that the motion is produced without any other action on any person’s part. A\nhas therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the\ncommitting of any offence, or intending or knowing it to be likely that this use of force will cause injury,\nfear or annoyance to Z, A has used criminal force to Z.\n(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here\nA has caused change of motion to Z by inducing the animals to change their motion. A has therefore used\nforce to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may\nthereby injure, frighten or annoy Z, A has used criminal force to Z.\n(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A\nhas caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used\nforce to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an\noffence. A has used criminal force to Z.\n(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his\nown person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he\nhas done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten\nor annoy Z, he has used criminal force to Z.\n(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into\ncontact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up\nthe water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the\neffect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if\nhe did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force\nto Z.\n(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so\nwithout her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her,\nhe has used criminal force to her.\n\n(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by\nhis own bodily power causes such motion in the boiling water as brings that water into contact with Z, or\nwith other water so situated that such contact must affect Z’s sense of feeling; A has therefore\nintentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be\nlikely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.\n(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or\nannoyance to Z, he uses criminal force to Z.", "section_number": "129", "section_title": "Criminal force", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 129, BNS 2023" }, { "chunk_id": "BNS_130", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 130: Assault.]\n\n130. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely\nthat such gesture or preparation will cause any person present to apprehend that he who makes that\ngesture or preparation is about to use criminal force to that person, is said to commit an assault.\nExplanation.—Mere words do not amount to an assault. But the words which a person uses may give\nto his gestures or preparation such a meaning as may make those gestures or preparations amount to an\nassault.\nIllustrations.\n(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe\nthat A is about to strike Z. A has committed an assault.\n(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may\nthereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon\nZ.\n(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A\ncould in no case amount to an assault, and though the mere gesture, unaccompanied by any other\ncircumstances, might not amount to an assault, the gesture explained by the words may amount to an\nassault.", "section_number": "130", "section_title": "Assault", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 130, BNS 2023" }, { "chunk_id": "BNS_131", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 131: Punishment for assault or criminal force otherwise than on grave provocation.]\n\n131. Punishment for assault or criminal force otherwise than on grave provocation.—Whoever\nassaults or uses criminal force to any person otherwise than on grave and sudden provocation given by\nthat person, shall be punished with imprisonment of either description for a term which may extend to\nthree months, or with fine which may extend to one thousand rupees, or with both.\nExplanation 1.—Grave and sudden provocation will not mitigate the punishment for an offence under\nthis section,—\n(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the\noffence; or\n(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in\nthe lawful exercise of the powers of such public servant; or\n(c) if the provocation is given by anything done in the lawful exercise of the right of private\ndefence.\nExplanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a\nquestion of fact.", "section_number": "131", "section_title": "Punishment for assault or criminal force otherwise than on grave provocation", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 131, BNS 2023" }, { "chunk_id": "BNS_132", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 132: Assault or criminal force to deter public servant from discharge of his duty.]\n\n132. Assault or criminal force to deter public servant from discharge of his duty.—Whoever\nassaults or uses criminal force to any person being a public servant in the execution of his duty as such\npublic servant, or with intent to prevent or deter that person from discharging his duty as such public\nservant, or in consequence of anything done or attempted to be done by such person in the lawful\ndischarge of his duty as such public servant, shall be punished with imprisonment of either description for\na term which may extend to two years, or with fine, or with both.", "section_number": "132", "section_title": "Assault or criminal force to deter public servant from discharge of his duty", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 132, BNS 2023" }, { "chunk_id": "BNS_133", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 133: Assault or criminal force with intent to dishonour person, otherwise than on grave.]\n\n133. Assault or criminal force with intent to dishonour person, otherwise than on grave\nprovocation.—Whoever assaults or uses criminal force to any person, intending thereby to dishonour\nthat person, otherwise than on grave and sudden provocation given by that person, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or with both.", "section_number": "133", "section_title": "Assault or criminal force with intent to dishonour person, otherwise than on grave", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 133, BNS 2023" }, { "chunk_id": "BNS_134", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 134: Assault or criminal force in attempt to commit theft of property carried by a person.]\n\n134. Assault or criminal force in attempt to commit theft of property carried by a person.—\nWhoever assaults or uses criminal force to any person, in attempting to commit theft on any property\nwhich that person is then wearing or carrying, shall be punished with imprisonment of either description\nfor a term which may extend to two years, or with fine, or with both.", "section_number": "134", "section_title": "Assault or criminal force in attempt to commit theft of property carried by a person", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 134, BNS 2023" }, { "chunk_id": "BNS_135", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 135: Assault or criminal force in attempt to wrongfully confine a person.]\n\n135. Assault or criminal force in attempt to wrongfully confine a person.—Whoever assaults or\nuses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "135", "section_title": "Assault or criminal force in attempt to wrongfully confine a person", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 135, BNS 2023" }, { "chunk_id": "BNS_136", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 136: Assault or criminal force on grave provocation.]\n\n136. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to\nany person on grave and sudden provocation given by that person, shall be punished with simple\nimprisonment for a term which may extend to one month, or with fine which may extend to one thousand\nrupees, or with both.\nExplanation.—This section is subject to the same Explanation as section 131.\nOf kidnapping, abduction, slavery and forced labour", "section_number": "136", "section_title": "Assault or criminal force on grave provocation", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 136, BNS 2023" }, { "chunk_id": "BNS_137", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 137: Kidnapping.]\n\n137. Kidnapping.—(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from\nlawful guardianship—\n(a) whoever conveys any person beyond the limits of India without the consent of that person, or\nof some person legally authorised to consent on behalf of that person, is said to kidnap that person\nfrom India;\n(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the\nlawful guardian of such child or person of unsound mind, without the consent of such guardian, is\nsaid to kidnap such child or person from lawful guardianship.\nExplanation.—The words “lawful guardian” in this clause include any person lawfully entrusted\nwith the care or custody of such child or other person.\nException.—This clause does not extend to the act of any person who in good faith believes\nhimself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to\nthe lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.\n(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also be liable to\nfine.", "section_number": "137", "section_title": "Kidnapping", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 137, BNS 2023" }, { "chunk_id": "BNS_138", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 138: Abduction.]\n\n138. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go\nfrom any place, is said to abduct that person.", "section_number": "138", "section_title": "Abduction", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 138, BNS 2023" }, { "chunk_id": "BNS_139", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 139: Kidnapping or maiming a child for purposes of begging.]\n\n139. Kidnapping or maiming a child for purposes of begging.—(1) Whoever kidnaps any child or,\nnot being the lawful guardian of such child, obtains the custody of the child, in order that such child may\nbe employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a\nterm which shall not be less than ten years but which may extend to imprisonment for life, and shall also\nbe liable to fine.\n(2) Whoever maims any child in order that such child may be employed or used for the purposes of\nbegging shall be punishable with imprisonment which shall not be less than twenty years, but which may\nextend to life which shall mean imprisonment for the remainder of that person’s natural life, and with\nfine.\n(3) Where any person, not being the lawful guardian of a child employs or uses such child for the\npurposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise\nobtained the custody of such child in order that such child might be employed or used for the purposes of\nbegging.\n(4) In this section “begging” means—\n\n(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing,\nfortune telling, performing tricks or selling articles or otherwise;\n(ii) entering on any private premises for the purpose of soliciting or receiving alms;\n(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound,\ninjury, deformity or disease, whether of himself or of any other person or of an animal;\n(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.", "section_number": "139", "section_title": "Kidnapping or maiming a child for purposes of begging", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 139, BNS 2023" }, { "chunk_id": "BNS_140", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 140: Kidnapping or abducting in order to murder or for ransom, etc.]\n\n140. Kidnapping or abducting in order to murder or for ransom, etc.—(1) Whoever kidnaps or\nabducts any person in order that such person may be murdered or may be so disposed of as to be put in\ndanger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a\nterm which may extend to ten years, and shall also be liable to fine.\nIllustrations.\n(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A\nhas committed the offence defined in this section.\n(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has\ncommitted the offence defined in this section.\n(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or\nabduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable\napprehension that such person may be put to death or hurt, or causes hurt or death to such person in order\nto compel the Government or any foreign State or international inter-governmental organisation or any\nother person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or\nimprisonment for life, and shall also be liable to fine.\n(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and\nwrongfully confined, shall be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine.\n(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so\ndisposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust\nof any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be\npunished with imprisonment of either description for a term which may extend to ten years, and shall also\nbe liable to fine.", "section_number": "140", "section_title": "Kidnapping or abducting in order to murder or for ransom, etc", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 140, BNS 2023" }, { "chunk_id": "BNS_141", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 141: Importation of girl or boy from foreign country.]\n\n141. Importation of girl or boy from foreign country.—Whoever imports into India from any\ncountry outside India any girl under the age of twenty-one years or any boy under the age of eighteen\nyears with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or\nseduced to illicit intercourse with another person, shall be punishable with imprisonment which may\nextend to ten years and shall also be liable to fine.", "section_number": "141", "section_title": "Importation of girl or boy from foreign country", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 141, BNS 2023" }, { "chunk_id": "BNS_142", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 142: Wrongfully concealing or keeping in confinement, kidnapped or abducted person.]\n\n142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—\nWhoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or\nconfines such person, shall be punished in the same manner as if he had kidnapped or abducted such\nperson with the same intention or knowledge, or for the same purpose as that with or for which he\nconceals or detains such person in confinement.", "section_number": "142", "section_title": "Wrongfully concealing or keeping in confinement, kidnapped or abducted person", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 142, BNS 2023" }, { "chunk_id": "BNS_143", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 143: Trafficking of person.]\n\n143. Trafficking of person.—(1) Whoever, for the purpose of exploitation recruits, transports,\nharbours, transfers, or receives a person or persons, by—\n(a) using threats; or\n(b) using force, or any other form of coercion; or\n(c) by abduction; or\n(d) by practising fraud, or deception; or\n(e) by abuse of power; or\n\n(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve\nthe consent of any person having control over the person recruited, transported, harboured,\ntransferred or received,\ncommits the offence of trafficking.\nExplanation 1.—The expression “exploitation” shall include any act of physical exploitation or\nany form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced\nremoval of organs.\nExplanation 2.—The consent of the victim is immaterial in determination of the offence of\ntrafficking.\n(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a\nterm which shall not be less than seven years, but which may extend to ten years, and shall also be liable\nto fine.\n(3) Where the offence involves the trafficking of more than one person, it shall be punishable with\nrigorous imprisonment for a term which shall not be less than ten years but which may extend to\nimprisonment for life, and shall also be liable to fine.\n(4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous\nimprisonment for a term which shall not be less than ten years, but which may extend to imprisonment\nfor life, and shall also be liable to fine.\n(5) Where the offence involves the trafficking of more than one child, it shall be punishable with\nrigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to\nimprisonment for life, and shall also be liable to fine.\n(6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then\nsuch person shall be punished with imprisonment for life, which shall mean imprisonment for the\nremainder of that person’s natural life, and shall also be liable to fine.\n(7) When a public servant or a police officer is involved in the trafficking of any person then, such\npublic servant or police officer shall be punished with imprisonment for life, which shall mean\nimprisonment for the remainder of that person’s natural life, and shall also be liable to fine.", "section_number": "143", "section_title": "Trafficking of person", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 143, BNS 2023" }, { "chunk_id": "BNS_144", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 144: Exploitation of a trafficked person.]\n\n144. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that\na child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished\nwith rigorous imprisonment for a term which shall not be less than five years, but which may extend to\nten years, and shall also be liable to fine.\n(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such\nperson for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term\nwhich shall not be less than three years, but which may extend to seven years, and shall also be liable to\nfine.", "section_number": "144", "section_title": "Exploitation of a trafficked person", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 144, BNS 2023" }, { "chunk_id": "BNS_145", "text": "[Context: This section is from BNS 2023, CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY. It covers Section 145: Habitual dealing in slaves.]\n\n145. Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics\nor deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either\ndescription for a term not exceeding ten years, and shall also be liable to fine.", "section_number": "145", "section_title": "Habitual dealing in slaves", "chapter": "CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY", "act": "BNS 2023", "source_label": "Section 145, BNS 2023" }, { "chunk_id": "BNS_146", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 146: Unlawful compulsory labour.]\n\n146. Unlawful compulsory labour.—Whoever unlawfully compels any person to labour against the\nwill of that person, shall be punished with imprisonment of either description for a term which may\nextend to one year, or with fine, or with both.", "section_number": "146", "section_title": "Unlawful compulsory labour", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 146, BNS 2023" }, { "chunk_id": "BNS_147", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 147: Waging, or attempting to wage war, or abetting waging of war, against Government of.]\n\n147. Waging, or attempting to wage war, or abetting waging of war, against Government of\nIndia.—Whoever wages war against the Government of India, or attempts to wage such war, or abets the\nwaging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.\n\nIllustration.\nA joins an insurrection against the Government of India. A has committed the offence defined in this\nsection.", "section_number": "147", "section_title": "Waging, or attempting to wage war, or abetting waging of war, against Government of", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 147, BNS 2023" }, { "chunk_id": "BNS_148", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 148: Conspiracy to commit offences punishable by section 147.]\n\n148. Conspiracy to commit offences punishable by section 147.—Whoever within or without and\nbeyond India conspires to commit any of the offences punishable by section 147, or conspires to\noverawe, by means of criminal force or the show of criminal force, the Central Government or any State\nGovernment, shall be punished with imprisonment for life, or with imprisonment of either description\nwhich may extend to ten years, and shall also be liable to fine.\nExplanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal\nomission shall take place in pursuance thereof.", "section_number": "148", "section_title": "Conspiracy to commit offences punishable by section 147", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 148, BNS 2023" }, { "chunk_id": "BNS_149", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 149: Collecting arms, etc., with intention of waging war against Government of India.]\n\n149. Collecting arms, etc., with intention of waging war against Government of India.—\nWhoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of\neither waging or being prepared to wage war against the Government of India, shall be punished with\nimprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall\nalso be liable to fine.", "section_number": "149", "section_title": "Collecting arms, etc., with intention of waging war against Government of India", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 149, BNS 2023" }, { "chunk_id": "BNS_150", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 150: Concealing with intent to facilitate design to wage war.]\n\n150. Concealing with intent to facilitate design to wage war.—Whoever by any act, or by any\nillegal omission, conceals the existence of a design to wage war against the Government of India,\nintending by such concealment to facilitate, or knowing it to be likely that such concealment will\nfacilitate, the waging of such war, shall be punished with imprisonment of either description for a term\nwhich may extend to ten years, and shall also be liable to fine.", "section_number": "150", "section_title": "Concealing with intent to facilitate design to wage war", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 150, BNS 2023" }, { "chunk_id": "BNS_151", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 151: Assaulting President, Governor, etc., with intent to compel or restrain exercise of any.]\n\n151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any\nlawful power.—Whoever, with the intention of inducing or compelling the President of India, or\nGovernor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of\nsuch President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or\noverawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such\nPresident or Governor, shall be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine.", "section_number": "151", "section_title": "Assaulting President, Governor, etc., with intent to compel or restrain exercise of any", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 151, BNS 2023" }, { "chunk_id": "BNS_152", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 152: Act endangering sovereignty, unity and integrity of India.]\n\n152. Act endangering sovereignty, unity and integrity of India.—Whoever, purposely or\nknowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic\ncommunication or by use of financial mean, or otherwise, excites or attempts to excite, secession or\narmed rebellion or subversive activities, or encourages feelings of separatist activities or endangers\nsovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with\nimprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to\nfine.\nExplanation.—Comments expressing disapprobation of the measures, or administrative or other\naction of the Government with a view to obtain their alteration by lawful means without exciting or\nattempting to excite the activities referred to in this section do not constitute an offence under this\nsection.", "section_number": "152", "section_title": "Act endangering sovereignty, unity and integrity of India", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 152, BNS 2023" }, { "chunk_id": "BNS_153", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 153: Waging war against Government of any foreign State at peace with Government of.]\n\n153. Waging war against Government of any foreign State at peace with Government of\nIndia.—Whoever wages war against the Government of any foreign State at peace with the Government\nof India or attempts to wage such war, or abets the waging of such war, shall be punished with\nimprisonment for life, to which fine may be added, or with imprisonment of either description for a term\nwhich may extend to seven years, to which fine may be added, or with fine.", "section_number": "153", "section_title": "Waging war against Government of any foreign State at peace with Government of", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 153, BNS 2023" }, { "chunk_id": "BNS_154", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 154: Committing depredation on territories of foreign State at peace with Government of.]\n\n154. Committing depredation on territories of foreign State at peace with Government of\nIndia.—Whoever commits depredation, or makes preparations to commit depredation, on the territories\nof any foreign State at peace with the Government of India, shall be punished with imprisonment of\neither description for a term which may extend to seven years, and shall also be liable to fine and to\nforfeiture of any property used or intended to be used in committing such depredation, or acquired by\nsuch depredation.", "section_number": "154", "section_title": "Committing depredation on territories of foreign State at peace with Government of", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 154, BNS 2023" }, { "chunk_id": "BNS_155", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 155: Receiving property taken by war or depredation mentioned in sections 153 and 154.]\n\n155. Receiving property taken by war or depredation mentioned in sections 153 and 154.—\nWhoever receives any property knowing the same to have been taken in the commission of any of the\noffences mentioned in sections 153 and 154, shall be punished with imprisonment of either description\nfor a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the\nproperty so received.", "section_number": "155", "section_title": "Receiving property taken by war or depredation mentioned in sections 153 and 154", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 155, BNS 2023" }, { "chunk_id": "BNS_156", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 156: Public servant voluntarily allowing prisoner of State or war to escape.]\n\n156. Public servant voluntarily allowing prisoner of State or war to escape.—Whoever, being a\npublic servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such\nprisoner to escape from any place in which such prisoner is confined, shall be punished with\nimprisonment for life, or imprisonment of either description for a term which may extend to ten years,\nand shall also be liable to fine.", "section_number": "156", "section_title": "Public servant voluntarily allowing prisoner of State or war to escape", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 156, BNS 2023" }, { "chunk_id": "BNS_157", "text": "[Context: This section is from BNS 2023, CHAPTER VII OF OFFENCES AGAINST THE STATE. It covers Section 157: Public servant negligently suffering such prisoner to escape.]\n\n157. Public servant negligently suffering such prisoner to escape.—Whoever, being a public\nservant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner\nto escape from any place of confinement in which such prisoner is confined, shall be punished with\nsimple imprisonment for a term which may extend to three years, and shall also be liable to fine.", "section_number": "157", "section_title": "Public servant negligently suffering such prisoner to escape", "chapter": "CHAPTER VII OF OFFENCES AGAINST THE STATE", "act": "BNS 2023", "source_label": "Section 157, BNS 2023" }, { "chunk_id": "BNS_158", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 158: Aiding escape of, rescuing or harbouring such prisoner.]\n\n158. Aiding escape of, rescuing or harbouring such prisoner.—Whoever knowingly aids or assists\nany State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue\nany such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or\noffers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with\nimprisonment for life, or with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.\nExplanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole\nwithin certain limits in India, is said to escape from lawful custody if he goes beyond the limits\nwithin which he is allowed to be at large.", "section_number": "158", "section_title": "Aiding escape of, rescuing or harbouring such prisoner", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 158, BNS 2023" }, { "chunk_id": "BNS_159", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 159: Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.]\n\n159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.—\nWhoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or\nAir Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman\nfrom his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of\neither description for a term which may extend to ten years, and shall also be liable to fine.", "section_number": "159", "section_title": "Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 159, BNS 2023" }, { "chunk_id": "BNS_160", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 160: Abetment of mutiny, if mutiny is committed in consequence thereof.]\n\n160. Abetment of mutiny, if mutiny is committed in consequence thereof.—Whoever abets the\ncommitting of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the\nGovernment of India, shall, if mutiny be committed in consequence of that abetment, be punished with\ndeath or with imprisonment for life, or imprisonment of either description for a term which may extend to\nten years, and shall also be liable to fine.", "section_number": "160", "section_title": "Abetment of mutiny, if mutiny is committed in consequence thereof", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 160, BNS 2023" }, { "chunk_id": "BNS_161", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 161: Abetment of assault by soldier, sailor or airman on his superior officer, when in execution.]\n\n161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution\nof his office.—Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air\nForce of the Government of India, on any superior officer being in the execution of his office, shall be\npunished with imprisonment of either description for a term which may extend to three years, and shall\nalso be liable to fine.", "section_number": "161", "section_title": "Abetment of assault by soldier, sailor or airman on his superior officer, when in execution", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 161, BNS 2023" }, { "chunk_id": "BNS_162", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 162: Abetment of such assault, if assault committed.]\n\n162. Abetment of such assault, if assault committed.—Whoever abets an assault by an officer,\nsoldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior\nofficer being in the execution of his office, shall, if such assault be committed in consequence of that\nabetment be punished with imprisonment of either description for a term which may extend to seven\nyears, and shall also be liable to fine.", "section_number": "162", "section_title": "Abetment of such assault, if assault committed", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 162, BNS 2023" }, { "chunk_id": "BNS_163", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 163: Abetment of desertion of soldier, sailor or airman.]\n\n163. Abetment of desertion of soldier, sailor or airman.—Whoever abets the desertion of any\nofficer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be\npunished with imprisonment of either description for a term which may extend to two years, or with fine,\nor with both.", "section_number": "163", "section_title": "Abetment of desertion of soldier, sailor or airman", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 163, BNS 2023" }, { "chunk_id": "BNS_164", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 164: Harbouring deserter.]\n\n164. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to\nbelieve that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of\nIndia, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment\nof either description for a term which may extend to two years, or with fine or with both.\nException.—This provision does not extend to the case in which the harbour is given by the spouse of\nthe deserter.", "section_number": "164", "section_title": "Harbouring deserter", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 164, BNS 2023" }, { "chunk_id": "BNS_165", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 165: Deserter concealed on board merchant vessel through negligence of master.]\n\n165. Deserter concealed on board merchant vessel through negligence of master.—The master or\nperson in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force\nof the Government of India is concealed, shall, though ignorant of such concealment, be liable to a\npenalty not exceeding three thousand rupees, if he might have known of such concealment but for some\nneglect of his duty as such master or person in charge, or but for some want of discipline on board of the\nvessel.", "section_number": "165", "section_title": "Deserter concealed on board merchant vessel through negligence of master", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 165, BNS 2023" }, { "chunk_id": "BNS_166", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 166: Abetment of act of insubordination by soldier, sailor or airman.]\n\n166. Abetment of act of insubordination by soldier, sailor or airman.—Whoever abets what he\nknows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air\nForce, of the Government of India, shall, if such act of insubordination be committed in consequence of\nthat abetment, be punished with imprisonment of either description for a term which may extend to two\nyears, or with fine, or with both.", "section_number": "166", "section_title": "Abetment of act of insubordination by soldier, sailor or airman", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 166, BNS 2023" }, { "chunk_id": "BNS_167", "text": "[Context: This section is from BNS 2023, CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. It covers Section 167: Persons subject to certain Acts.]\n\n167. Persons subject to certain Acts.—No person subject to the Air Force Act, 1950 (45 of 1950),\nthe Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment\nunder this Sanhita for any of the offences defined in this Chapter.", "section_number": "167", "section_title": "Persons subject to certain Acts", "chapter": "CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE", "act": "BNS 2023", "source_label": "Section 167, BNS 2023" }, { "chunk_id": "BNS_168", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 168: Wearing garb or carrying token used by soldier, sailor or airman.]\n\n168. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a\nsoldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or\ncarries any token resembling any garb or token used by such a soldier, sailor or airman with the intention\nthat it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of\neither description for a term which may extend to three months, or with fine which may extend to two\nthousand rupees, or with both.", "section_number": "168", "section_title": "Wearing garb or carrying token used by soldier, sailor or airman", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 168, BNS 2023" }, { "chunk_id": "BNS_169", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 169: Candidate, electoral right defined.]\n\n169. Candidate, electoral right defined.—For the purposes of this Chapter—\n(a) “candidate” means a person who has been nominated as a candidate at any election;\n(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from\nbeing, a candidate or to vote or refrain from voting at an election.", "section_number": "169", "section_title": "Candidate, electoral right defined", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 169, BNS 2023" }, { "chunk_id": "BNS_170", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 170: Bribery.]\n\n170. Bribery.—(1) Whoever—\n(i) gives a gratification to any person with the object of inducing him or any other person to\nexercise any electoral right or of rewarding any person for having exercised any such right; or\n(ii) accepts either for himself or for any other person any gratification as a reward for exercising\nany such right or for inducing or attempting to induce any other person to exercise any such right,\ncommits the offence of bribery:\nProvided that a declaration of public policy or a promise of public action shall not be an offence\nunder this section.\n(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be\ndeemed to give a gratification.\n(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to\naccept a gratification, and a person who accepts a gratification as a motive for doing what he does not\nintend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the\ngratification as a reward.", "section_number": "170", "section_title": "Bribery", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 170, BNS 2023" }, { "chunk_id": "BNS_171", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 171: Undue influence at elections.]\n\n171. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere with\nthe free exercise of any electoral right commits the offence of undue influence at an election.\n(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—\n(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested,\nwith injury of any kind; or\n(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he\nis interested will become or will be rendered an object of Divine displeasure or of spiritual censure,\nshall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within\nthe meaning of sub-section (1).\n(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right\nwithout intent to interfere with an electoral right, shall not be deemed to be interference within the\nmeaning of this section.", "section_number": "171", "section_title": "Undue influence at elections", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 171, BNS 2023" }, { "chunk_id": "BNS_172", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 172: Personation at elections.]\n\n172. Personation at elections.—Whoever at an election applies for a voting paper on votes in the\nname of any other person, whether living or dead, or in a fictitious name, or who having voted once at\nsuch election applies at the same election for a voting paper in his own name, and whoever abets,\nprocures or attempts to procure the voting by any person in any such way, commits the offence of\npersonation at an election:\nProvided that nothing in this section shall apply to a person who has been authorised to vote as proxy\nfor an elector under any law for the time being in force in so far as he votes as a proxy for such elector.", "section_number": "172", "section_title": "Personation at elections", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 172, BNS 2023" }, { "chunk_id": "BNS_173", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 173: Punishment for bribery.]\n\n173. Punishment for bribery.—Whoever commits the offence of bribery shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine, or with both:\nProvided that bribery by treating shall be punished with fine only.\nExplanation.—“Treating” means that form of bribery where the gratification consists in food, drink,\nentertainment, or provision.", "section_number": "173", "section_title": "Punishment for bribery", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 173, BNS 2023" }, { "chunk_id": "BNS_174", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 174: Punishment for undue influence or personation at an election.]\n\n174. Punishment for undue influence or personation at an election.—Whoever commits the\noffence of undue influence or personation at an election shall be punished with imprisonment of either\ndescription for a term which may extend to one year or with fine, or with both.", "section_number": "174", "section_title": "Punishment for undue influence or personation at an election", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 174, BNS 2023" }, { "chunk_id": "BNS_175", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 175: False statement in connection with an election.]\n\n175. False statement in connection with an election.—Whoever with intent to affect the result of\nan election makes or publishes any statement purporting to be a statement of fact which is false and\nwhich he either knows or believes to be false or does not believe to be true, in relation to the personal\ncharacter or conduct of any candidate shall be punished with fine.", "section_number": "175", "section_title": "False statement in connection with an election", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 175, BNS 2023" }, { "chunk_id": "BNS_176", "text": "[Context: This section is from BNS 2023, CHAPTER IX OF OFFENCES RELATING TO ELECTIONS. It covers Section 176: Illegal payments in connection with an election.]\n\n176. Illegal payments in connection with an election.—Whoever without the general or special\nauthority in writing of a candidate incurs or authorises expenses on account of the holding of any public\nmeeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the\npurpose of promoting or procuring the election of such candidate, shall be punished with fine which may\nextend to ten thousand rupees:\nProvided that if any person having incurred any such expenses not exceeding the amount of ten\nrupees without authority obtains within ten days from the date on which such expenses were incurred the\napproval in writing of the candidate, he shall be deemed to have incurred such expenses with the\nauthority of the candidate.", "section_number": "176", "section_title": "Illegal payments in connection with an election", "chapter": "CHAPTER IX OF OFFENCES RELATING TO ELECTIONS", "act": "BNS 2023", "source_label": "Section 176, BNS 2023" }, { "chunk_id": "BNS_177", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 177: Failure to keep election accounts.]\n\n177. Failure to keep election accounts.—Whoever being required by any law for the time being in\nforce or any rule having the force of law to keep accounts of expenses incurred at or in connection with\nan election fails to keep such accounts shall be punished with fine which may extend to five thousand\nrupees.", "section_number": "177", "section_title": "Failure to keep election accounts", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 177, BNS 2023" }, { "chunk_id": "BNS_178", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 178: Counterfeiting coin, Government stamps, currency-notes or bank-notes.]\n\n178. Counterfeiting coin, Government stamps, currency-notes or bank-notes.—Whoever\ncounterfeits, or knowingly performs any part of the process of counterfeiting, any coin, stamp issued by\nGovernment for the purpose of revenue, currency-note or bank-note, shall be punished with\nimprisonment for life, or with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.\nExplanation.—For the purposes of this Chapter,—\n(1) the expression “bank-note” means a promissory note or engagement for the payment of\nmoney to bearer on demand issued by any person carrying on the business of banking in any part of\nthe world, or issued by or under the authority of any State or Sovereign Power, and intended to be\nused as equivalent to, or as a substitute for money;\n(2) “coin” shall have the same meaning as assigned to it in section 2 of the Coinage Act, 2011\n(11 of 2011) and includes metal used for the time being as money and is stamped and issued by or\nunder the authority of any State or Sovereign Power intended to be so used;\n(3) a person commits the offence of “counterfeiting Government stamp” who counterfeits by\ncausing a genuine stamp of one denomination to appear like a genuine stamp of a different\ndenomination;\n(4) a person commits the offence of counterfeiting coin who intending to practise deception, or\nknowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a\ndifferent coin; and\n(5) the offence of “counterfeiting coin” includes diminishing the weight or alteration of the\ncomposition, or alteration of the appearance of the coin.", "section_number": "178", "section_title": "Counterfeiting coin, Government stamps, currency-notes or bank-notes", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 178, BNS 2023" }, { "chunk_id": "BNS_179", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 179: Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-.]\n\n179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-\nnotes.—Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or\notherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note,\nknowing or having reason to believe the same to be forged or counterfeit, shall be punished with\nimprisonment for life, or with imprisonment of either description for a term which may extend to ten\nyears, and shall also be liable to fine.", "section_number": "179", "section_title": "Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 179, BNS 2023" }, { "chunk_id": "BNS_180", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 180: Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-.]\n\n180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-\nnotes.—Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note,\nknowing or having reason to believe the same to be forged or counterfeit and intending to use the same as\ngenuine or that it may be used as genuine, shall be punished with imprisonment of either description for a\nterm which may extend to seven years, or with fine, or with both.\nExplanation.—If a person establishes the possession of the forged or counterfeit coin, stamp,\ncurrency-note or bank-note to be from a lawful source, it shall not constitute an offence under this\nsection.", "section_number": "180", "section_title": "Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 180, BNS 2023" }, { "chunk_id": "BNS_181", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 181: Making or possessing instruments or materials for forging or counterfeiting coin,.]\n\n181. Making or possessing instruments or materials for forging or counterfeiting coin,\nGovernment stamp, currency-notes or bank-notes.—Whoever makes or mends, or performs any part\nof the process of making or mending, or buys or sells or disposes of, or has in his possession, any\nmachinery, die, or instrument or material for the purpose of being used, or knowing or having reason to\nbelieve that it is intended to be used, for forging or counterfeiting any coin, stamp issued by Government\nfor the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or\nwith imprisonment of either description for a term which may extend to ten years, and shall also be liable\nto fine.", "section_number": "181", "section_title": "Making or possessing instruments or materials for forging or counterfeiting coin,", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 181, BNS 2023" }, { "chunk_id": "BNS_182", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 182: Making or using documents resembling currency-notes or bank-notes.]\n\n182. Making or using documents resembling currency-notes or bank-notes.—(1) Whoever\nmakes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any\ndocument purporting to be, or in any way resembling, or so nearly resembling as to be calculated to\n\ndeceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred\nrupees.\n(2) If any person, whose name appears on a document the making of which is an offence under\nsub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the\nname and address of the person by whom it was printed or otherwise made, he shall be punished with fine\nwhich may extend to six hundred rupees.\n(3) Where the name of any person appears on any document in respect of which any person is\ncharged with an offence under sub-section (1) or on any other document used or distributed in connection\nwith that document it may, until the contrary is proved, be presumed that the person caused the document\nto be made.", "section_number": "182", "section_title": "Making or using documents resembling currency-notes or bank-notes", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 182, BNS 2023" }, { "chunk_id": "BNS_183", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 183: Effacing writing from substance bearing Government stamp, or removing from document.]\n\n183. Effacing writing from substance bearing Government stamp, or removing from document\na stamp used for it, with intent to cause loss to Government.—Whoever, fraudulently or with intent to\ncause loss to the Government, removes or effaces from any substance, bearing any stamp issued by\nGovernment for the purpose of revenue, any writing or document for which such stamp has been used, or\nremoves from any writing or document a stamp which has been used for such writing or document, in\norder that such stamp may be used for a different writing or document, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine, or with both.", "section_number": "183", "section_title": "Effacing writing from substance bearing Government stamp, or removing from document", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 183, BNS 2023" }, { "chunk_id": "BNS_184", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 184: Using Government stamp known to have been before used.]\n\n184. Using Government stamp known to have been before used.—Whoever, fraudulently or with\nintent to cause loss to the Government, uses for any purpose a stamp issued by Government for the\npurpose of revenue, which he knows to have been before used, shall be punished with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.", "section_number": "184", "section_title": "Using Government stamp known to have been before used", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 184, BNS 2023" }, { "chunk_id": "BNS_185", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 185: Erasure of mark denoting that stamp has been used.]\n\n185. Erasure of mark denoting that stamp has been used.—Whoever, fraudulently or with intent\nto cause loss to Government, erases or removes from a stamp issued by Government for the purpose of\nrevenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been\nused, or knowingly has in his possession or sells or disposes of any such stamp from which such mark\nhas been erased or removed, or sells or disposes of any such stamp which he knows to have been used,\nshall be punished with imprisonment of either description for a term which may extend to three years, or\nwith fine, or with both.", "section_number": "185", "section_title": "Erasure of mark denoting that stamp has been used", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 185, BNS 2023" }, { "chunk_id": "BNS_186", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 186: Prohibition of fictitious stamps.]\n\n186. Prohibition of fictitious stamps.—(1) Whoever—\n(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any\npostal purpose any fictitious stamp; or\n(b) has in his possession, without lawful excuse, any fictitious stamp; or\n(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials\nfor making any fictitious stamp,\nshall be punished with fine which may extend to two hundred rupees.\n(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making\nany fictitious stamp may be seized and, if seized shall be forfeited.\n(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government\nfor the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on\npaper or otherwise, of any stamp issued by Government for that purpose.\n(4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both\ninclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for\nthe purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be\ndeemed to include the person or persons authorised by law to administer executive Government in any\npart of India or in any foreign country.", "section_number": "186", "section_title": "Prohibition of fictitious stamps", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 186, BNS 2023" }, { "chunk_id": "BNS_187", "text": "[Context: This section is from BNS 2023, CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS. It covers Section 187: Person employed in mint causing coin to be of different weight or composition from that.]\n\n187. Person employed in mint causing coin to be of different weight or composition from that\nfixed by law.—Whoever, being employed in any mint lawfully established in India, does any act, or\nomits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of\n\na different weight or composition from the weight or composition fixed by law, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also be liable to\nfine.", "section_number": "187", "section_title": "Person employed in mint causing coin to be of different weight or composition from that", "chapter": "CHAPTER X OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS", "act": "BNS 2023", "source_label": "Section 187, BNS 2023" }, { "chunk_id": "BNS_188", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 188: Unlawfully taking coining instrument from mint.]\n\n188. Unlawfully taking coining instrument from mint.—Whoever, without lawful authority, takes\nout of any mint, lawfully established in India, any coining tool or instrument, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also be liable to\nfine.", "section_number": "188", "section_title": "Unlawfully taking coining instrument from mint", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 188, BNS 2023" }, { "chunk_id": "BNS_189", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 189: Unlawful assembly.]\n\n189. Unlawful assembly.—(1) An assembly of five or more persons is designated an “unlawful\nassembly”, if the common object of the persons composing that assembly is—\n(a) to overawe by criminal force, or show of criminal force, the Central Government or any State\nGovernment or Parliament or the Legislature of any State, or any public servant in the exercise of the\nlawful power of such public servant; or\n(b) to resist the execution of any law, or of any legal process; or\n(c) to commit any mischief or criminal trespass, or other offence; or\n(d) by means of criminal force, or show of criminal force, to any person, to take or obtain\npossession of any property, or to deprive any person of the enjoyment of a right of way, or of the use\nof water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right\nor supposed right; or\n(e) by means of criminal force, or show of criminal force, to compel any person to do what he is\nnot legally bound to do, or to omit to do what he is legally entitled to do.\nExplanation.—An assembly which was not unlawful when it assembled, may subsequently become\nan unlawful assembly.\n(2) Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally\njoins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member\nshall be punished with imprisonment of either description for a term which may extend to six months, or\nwith fine, or with both.\n(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has\nbeen commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.\n(4) Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of\noffence, is likely to cause death, is a member of an unlawful assembly, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or with both.\n(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a\ndisturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be\npunished with imprisonment of either description for a term which may extend to six months, or with\nfine, or with both.\nExplanation.—If the assembly is an unlawful assembly within the meaning of sub-section (1), the\noffender shall be punishable under sub-section (3).\n(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or\nemployment of any person to join or become a member of any unlawful assembly, shall be punishable as\na member of such unlawful assembly, and for any offence which may be committed by any such person\nas a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the\nsame manner as if he had been a member of such unlawful assembly, or himself had committed such\noffence.\n\n(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge,\nor under his control any persons knowing that such persons have been hired, engaged or employed, or are\nabout to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be\npunished with imprisonment of either description for a term which may extend to six months, or with\nfine, or with both.\n(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing\nany of the acts specified in sub-section (1), shall be punished with imprisonment of either description for\na term which may extend to six months, or with fine, or with both.\n(9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or\noffers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely\nto cause death, shall be punished with imprisonment of either description for a term which may extend to\ntwo years, or with fine, or with both.", "section_number": "189", "section_title": "Unlawful assembly", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 189, BNS 2023" }, { "chunk_id": "BNS_190", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 190: Every member of unlawful assembly guilty of offence committed in prosecution of.]\n\n190. Every member of unlawful assembly guilty of offence committed in prosecution of\ncommon object.—If an offence is committed by any member of an unlawful assembly in prosecution of\nthe common object of that assembly, or such as the members of that assembly knew to be likely to be\ncommitted in prosecution of that object, every person who, at the time of the committing of that offence,\nis a member of the same assembly, is guilty of that offence.", "section_number": "190", "section_title": "Every member of unlawful assembly guilty of offence committed in prosecution of", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 190, BNS 2023" }, { "chunk_id": "BNS_191", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 191: Rioting.]\n\n191. Rioting.—(1) Whenever force or violence is used by an unlawful assembly, or by any member\nthereof, in prosecution of the common object of such assembly, every member of such assembly is guilty\nof the offence of rioting.\n(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term\nwhich may extend to two years, or with fine, or with both.\n(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a\nweapon of offence, is likely to cause death, shall be punished with imprisonment of either description for\na term which may extend to five years, or with fine, or with both.", "section_number": "191", "section_title": "Rioting", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 191, BNS 2023" }, { "chunk_id": "BNS_192", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 192: Wantonly giving provocation with intent to cause riot-if rioting be committed; if not.]\n\n192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not\ncommitted.—Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to\nany person intending or knowing it to be likely that such provocation will cause the offence of rioting to\nbe committed, shall, if the offence of rioting be committed in consequence of such provocation, be\npunished with imprisonment of either description for a term which may extend to one year, or with fine,\nor with both; and if the offence of rioting be not committed, with imprisonment of either description for a\nterm which may extend to six months, or with fine, or with both.", "section_number": "192", "section_title": "Wantonly giving provocation with intent to cause riot-if rioting be committed; if not", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 192, BNS 2023" }, { "chunk_id": "BNS_193", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 193: Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes.]\n\n193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes\nplace.—(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon\nwhich such unlawful assembly is held, or such riot is committed, and any person having or claiming an\ninterest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent\nor manager, knowing that such offence is being or has been committed, or having reason to believe it is\nlikely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge\nat the nearest police station, and do not, in the case of his or their having reason to believe that it was\nabout to be committed, use all lawful means in his or their power to prevent it and, in the event of its\ntaking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful\nassembly.\n(2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or\noccupier of any land respecting which such riot takes place or who claims any interest in such land, or in\nthe subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit\ntherefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to\nbelieve that such riot was likely to be committed or that the unlawful assembly by which such riot was\ncommitted was likely to be held, shall not respectively use all lawful means in his or their power to\nprevent such assembly or riot from taking place, and for suppressing and dispersing the same.\n\n(3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or\noccupier of any land respecting which such riot takes place, or who claims any interest in such land, or in\nthe subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit\ntherefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager,\nhaving reason to believe that such riot was likely to be committed, or that the unlawful assembly by\nwhich such riot was committed was likely to be held, shall not use all lawful means in his power to\nprevent such riot or assembly from taking place and for suppressing and dispersing the same.", "section_number": "193", "section_title": "Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 193, BNS 2023" }, { "chunk_id": "BNS_194", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 194: Affray.]\n\n194. Affray.—(1) When two or more persons, by fighting in a public place, disturb the public peace,\nthey are said to commit an affray.\n(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term\nwhich may extend to one month, or with fine which may extend to one thousand rupees, or with both.", "section_number": "194", "section_title": "Affray", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 194, BNS 2023" }, { "chunk_id": "BNS_195", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 195: Assaulting or obstructing public servant when suppressing riot, etc.]\n\n195. Assaulting or obstructing public servant when suppressing riot, etc.—(1) Whoever assaults\nor obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as\nsuch public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray,\nshall be punished with imprisonment of either description for a term which may extend to three years, or\nwith fine which shall not be less than twenty-five thousand rupees, or with both.\n(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to\nuse criminal force to any public servant in the discharge of his duty as such public servant in\nendeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine, or with both.", "section_number": "195", "section_title": "Assaulting or obstructing public servant when suppressing riot, etc", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 195, BNS 2023" }, { "chunk_id": "BNS_196", "text": "[Context: This section is from BNS 2023, CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY. It covers Section 196: Promoting enmity between different groups on grounds of religion, race, place of birth,.]\n\n196. Promoting enmity between different groups on grounds of religion, race, place of birth,\nresidence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—\n(a) by words, either spoken or written, or by signs or by visible representations or through\nelectronic communication or otherwise, promotes or attempts to promote, on grounds of religion,\nrace, place of birth, residence, language, caste or community or any other ground whatsoever,\ndisharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or\nregional groups or castes or communities; or\n(b) commits any act which is prejudicial to the maintenance of harmony between different\nreligious, racial, language or regional groups or castes or communities, and which disturbs or is likely\nto disturb the public tranquillity; or\n(c) organises any exercise, movement, drill or other similar activity intending that the participants\nin such activity shall use or be trained to use criminal force or violence or knowing it to be likely that\nthe participants in such activity will use or be trained to use criminal force or violence, or participates\nin such activity intending to use or be trained to use criminal force or violence or knowing it to be\nlikely that the participants in such activity will use or be trained to use criminal force or violence,\nagainst any religious, racial, language or regional group or caste or community and such activity for\nany reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst\nmembers of such religious, racial, language or regional group or caste or community,\nshall be punished with imprisonment which may extend to three years, or with fine, or with both.\n(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any\nassembly engaged in the performance of religious worship or religious ceremonies, shall be punished\nwith imprisonment which may extend to five years and shall also be liable to fine.", "section_number": "196", "section_title": "Promoting enmity between different groups on grounds of religion, race, place of birth,", "chapter": "CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY", "act": "BNS 2023", "source_label": "Section 196, BNS 2023" }, { "chunk_id": "BNS_197", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 197: Imputations, assertions prejudicial to national integration.]\n\n197. Imputations, assertions prejudicial to national integration.—(1) Whoever, by words either\nspoken or written or by signs or by visible representations or through electronic communication or\notherwise,—\n(a) makes or publishes any imputation that any class of persons cannot, by reason of their being\nmembers of any religious, racial, language or regional group or caste or community, bear true faith\nand allegiance to the Constitution of India as by law established or uphold the sovereignty and\nintegrity of India; or\n\n(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of\ntheir being members of any religious, racial, language or regional group or caste or community, be\ndenied, or deprived of their rights as citizens of India; or\n(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any\nclass of persons, by reason of their being members of any religious, racial, language or regional\ngroup or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause\ndisharmony or feelings of enmity or hatred or ill-will between such members and other persons; or\n(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and\nintegrity or security of India,\nshall be punished with imprisonment which may extend to three years, or with fine, or with both.\n(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any\nassembly engaged in the performance of religious worship or religious ceremonies, shall be punished\nwith imprisonment which may extend to five years and shall also be liable to fine.", "section_number": "197", "section_title": "Imputations, assertions prejudicial to national integration", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 197, BNS 2023" }, { "chunk_id": "BNS_198", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 198: Public servant disobeying law, with intent to cause injury to any person.]\n\n198. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a\npublic servant, knowingly disobeys any direction of the law as to the way in which he is to conduct\nhimself as such public servant, intending to cause, or knowing it to be likely that he will by such\ndisobedience, cause injury to any person, shall be punished with simple imprisonment for a term which\nmay extend to one year, or with fine, or with both.\nIllustration.\nA, being an officer directed by law to take property in execution, in order to satisfy a decree\npronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that\nhe is likely thereby to cause injury to Z. A has committed the offence defined in this section.", "section_number": "198", "section_title": "Public servant disobeying law, with intent to cause injury to any person", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 198, BNS 2023" }, { "chunk_id": "BNS_199", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 199: Public servant disobeying direction under law.]\n\n199. Public servant disobeying direction under law.—Whoever, being a public servant,—\n(a) knowingly disobeys any direction of the law which prohibits him from requiring the\nattendance at any place of any person for the purpose of investigation into an offence or any other\nmatter; or\n(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating\nthe manner in which he shall conduct such investigation; or\n(c) fails to record any information given to him under sub-section (1) of section 173 of the\nBharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under\nsection 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74,\nsection 76, section 77, section 79, section 124, section 143 or section 144,\nshall be punished with rigorous imprisonment for a term which shall not be less than six months but\nwhich may extend to two years, and shall also be liable to fine.", "section_number": "199", "section_title": "Public servant disobeying direction under law", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 199, BNS 2023" }, { "chunk_id": "BNS_200", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 200: Punishment for non-treatment of victim.]\n\n200. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or\nprivate, whether run by the Central Government, the State Government, local bodies or any other person,\ncontravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be\npunished with imprisonment for a term which may extend to one year, or with fine, or with both.", "section_number": "200", "section_title": "Punishment for non-treatment of victim", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 200, BNS 2023" }, { "chunk_id": "BNS_201", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 201: Public servant framing an incorrect document with intent to cause injury.]\n\n201. Public servant framing an incorrect document with intent to cause injury.—Whoever,\nbeing a public servant, and being, as such public servant, charged with the preparation or translation of\nany document or electronic record, frames, prepares or translates that document or electronic record in a\nmanner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely\nthat he may thereby cause injury to any person, shall be punished with imprisonment of either description\nfor a term which may extend to three years, or with fine, or with both.", "section_number": "201", "section_title": "Public servant framing an incorrect document with intent to cause injury", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 201, BNS 2023" }, { "chunk_id": "BNS_202", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 202: Public servant unlawfully engaging in trade.]\n\n202. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being\nlegally bound as such public servant not to engage in trade, engages in trade, shall be punished with\nsimple imprisonment for a term which may extend to one year, or with fine, or with both or with\ncommunity service.", "section_number": "202", "section_title": "Public servant unlawfully engaging in trade", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 202, BNS 2023" }, { "chunk_id": "BNS_203", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 203: Public servant unlawfully buying or bidding for property.]\n\n203. Public servant unlawfully buying or bidding for property.—Whoever, being a public\nservant, and being legally bound as such public servant, not to purchase or bid for certain property,\npurchases or bids for that property, either in his own name or in the name of another, or jointly, or in\nshares with others, shall be punished with simple imprisonment for a term which may extend to two\nyears, or with fine, or with both; and the property, if purchased, shall be confiscated.", "section_number": "203", "section_title": "Public servant unlawfully buying or bidding for property", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 203, BNS 2023" }, { "chunk_id": "BNS_204", "text": "[Context: This section is from BNS 2023, CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS. It covers Section 204: Personating a public servant.]\n\n204. Personating a public servant.—Whoever pretends to hold any particular office as a public\nservant, knowing that he does not hold such office or falsely personates any other person holding such\noffice, and in such assumed character does or attempts to do any act under colour of such office, shall be\npunished with imprisonment of either description for a term which shall not be less than six months but\nwhich may extend to three years and with fine.", "section_number": "204", "section_title": "Personating a public servant", "chapter": "CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 204, BNS 2023" }, { "chunk_id": "BNS_205", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 205: Wearing garb or carrying token used by public servant with fraudulent intent.]\n\n205. Wearing garb or carrying token used by public servant with fraudulent intent.—Whoever,\nnot belonging to a certain class of public servants, wears any garb or carries any token resembling any\ngarb or token used by that class of public servants, with the intention that it may be believed, or with the\nknowledge that it is likely to be believed, that he belongs to that class of public servants, shall be\npunished with imprisonment of either description for a term which may extend to three months, or with\nfine which may extend to five thousand rupees, or with both.", "section_number": "205", "section_title": "Wearing garb or carrying token used by public servant with fraudulent intent", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 205, BNS 2023" }, { "chunk_id": "BNS_206", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 206: Absconding to avoid service of summons or other proceeding.]\n\n206. Absconding to avoid service of summons or other proceeding.—Whoever absconds in order\nto avoid being served with a summons, notice or order proceeding from any public servant legally\ncompetent, as such public servant, to issue such summons, notice or order,—\n(a) shall be punished with simple imprisonment for a term which may extend to one month, or\nwith fine which may extend to five thousand rupees, or with both;\n(b) where such summons or notice or order is to attend in person or by agent, or to produce a\ndocument or an electronic record in a Court shall be punished with simple imprisonment for a term\nwhich may extend to six months, or with fine which may extend to ten thousand rupees, or with both.", "section_number": "206", "section_title": "Absconding to avoid service of summons or other proceeding", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 206, BNS 2023" }, { "chunk_id": "BNS_207", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 207: Preventing service of summons or other proceeding, or preventing publication thereof.]\n\n207. Preventing service of summons or other proceeding, or preventing publication thereof.—\nWhoever in any manner intentionally prevents the serving on himself, or on any other person, of any\nsummons, notice or order proceeding from any public servant legally competent, as such public servant,\nto issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any\nsuch summons, notice or order or intentionally removes any such summons, notice or order from any\nplace to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation,\nunder the authority of any public servant legally competent, as such public servant, to direct such\nproclamation to be made,—\n(a) shall be punished with simple imprisonment for a term which may extend to one month, or\nwith fine which may extend to five thousand rupees, or with both;\n(b) where the summons, notice, order or proclamation is to attend in person or by agent, or to\nproduce a document or electronic record in a Court, with simple imprisonment for a term which may\nextend to six months, or with fine which may extend to ten thousand rupees, or with both.", "section_number": "207", "section_title": "Preventing service of summons or other proceeding, or preventing publication thereof", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 207, BNS 2023" }, { "chunk_id": "BNS_208", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 208: Non-attendance in obedience to an order from public servant.]\n\n208. Non-attendance in obedience to an order from public servant.—Whoever, being legally\nbound to attend in person or by an agent at a certain place and time in obedience to a summons, notice,\norder, or proclamation proceeding from any public servant legally competent, as such public servant, to\nissue the same, intentionally omits to attend at that place or time or departs from the place where he is\nbound to attend before the time at which it is lawful for him to depart,—\n\n(a) shall be punished with simple imprisonment for a term which may extend to one month, or\nwith fine which may extend to five thousand rupees, or with both;\n(b) where the summons, notice, order or proclamation is to attend in person or by agent in a\nCourt with simple imprisonment for a term which may extend to six months, or with fine which may\nextend to ten thousand rupees, or with both.\nIllustrations.\n(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing\nfrom that Court, intentionally omits to appear. A has committed the offence defined in this section.\n(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a\nsummons issued by that District Judge intentionally omits to appear. A has committed the offence\ndefined in this section.", "section_number": "208", "section_title": "Non-attendance in obedience to an order from public servant", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 208, BNS 2023" }, { "chunk_id": "BNS_209", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 209: Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik.]\n\n209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik\nSuraksha Sanhita, 2023.—Whoever fails to appear at the specified place and the specified time as\nrequired by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik\nSuraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years,\nor with fine, or with both, or with community service, and where a declaration has been made under\nsub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with\nimprisonment for a term which may extend to seven years and shall also be liable to fine.", "section_number": "209", "section_title": "Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 209, BNS 2023" }, { "chunk_id": "BNS_210", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 210: Omission to produce document or electronic record to public servant by person legally.]\n\n210. Omission to produce document or electronic record to public servant by person legally\nbound to produce it.—Whoever, being legally bound to produce or deliver up any document or\nelectronic record to any public servant, as such, intentionally omits so to produce or deliver up the\nsame,—\n(a) shall be punished with simple imprisonment for a term which may extend to one month, or\nwith fine which may extend to five thousand rupees, or with both;\n(b) and where the document or electronic record is to be produced or delivered up to a Court with\nsimple imprisonment for a term which may extend to six months, or with fine which may extend to\nten thousand rupees, or with both.\nIllustration.\nA, being legally bound to produce a document before a District Court, intentionally omits to produce\nthe same. A has committed the offence defined in this section.", "section_number": "210", "section_title": "Omission to produce document or electronic record to public servant by person legally", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 210, BNS 2023" }, { "chunk_id": "BNS_211", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 211: Omission to give notice or information to public servant by person legally bound to give.]\n\n211. Omission to give notice or information to public servant by person legally bound to give\nit.—Whoever, being legally bound to give any notice or to furnish information on any subject to any\npublic servant, as such, intentionally omits to give such notice or to furnish such information in the\nmanner and at the time required by law,—\n(a) shall be punished with simple imprisonment for a term which may extend to one month, or\nwith fine which may extend to five thousand rupees, or with both;\n(b) where the notice or information required to be given respects the commission of an offence,\nor is required for the purpose of preventing the commission of an offence, or in order to the\napprehension of an offender, with simple imprisonment for a term which may extend to six months,\nor with fine which may extend to ten thousand rupees, or with both;\n(c) where the notice or information required to be given is required by an order passed\nunder section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either\ndescription for a term which may extend to six months, or with fine which may extend to one\nthousand rupees, or with both.", "section_number": "211", "section_title": "Omission to give notice or information to public servant by person legally bound to give", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 211, BNS 2023" }, { "chunk_id": "BNS_212", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 212: Furnishing false information.]\n\n212. Furnishing false information.—Whoever, being legally bound to furnish information on any\nsubject to any public servant, as such, furnishes, as true, information on the subject which he knows or\nhas reason to believe to be false,—\n\n(a) shall be punished with simple imprisonment for a term which may extend to six months, or\nwith fine which may extend to five thousand rupees, or with both;\n(b) where the information which he is legally bound to give respects the commission of an\noffence, or is required for the purpose of preventing the commission of an offence, or in order to the\napprehension of an offender, with imprisonment of either description for a term which may extend to\ntwo years, or with fine, or with both.\nIllustrations.\n(a) A, a landholder, knowing of the commission of a murder within the limits of his estate,\nwilfully misinforms the Magistrate of the district that the death has occurred by accident in\nconsequence of the bite of a snake. A is guilty of the offence defined in this section.\n(b) A, a village watchman, knowing that a considerable body of strangers has passed through his\nvillage in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring\nplace, and being legally bound to give early and punctual information of the above fact to the officer\nof the nearest police station, wilfully misinforms the police officer that a body of suspicious\ncharacters passed through the village with a view to commit dacoity in a certain distant place in a\ndifferent direction. Here A is guilty of the offence defined in this section.\nExplanation.—In section 211 and in this section the word “offence” include any act committed at any\nplace out of India, which, if committed in India, would be punishable under any of the following sections,\nnamely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of\nsection 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331,\nclauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have\nbeen guilty of any such act.", "section_number": "212", "section_title": "Furnishing false information", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 212, BNS 2023" }, { "chunk_id": "BNS_213", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 213: Refusing oath or affirmation when duly required by public servant to make it.]\n\n213. Refusing oath or affirmation when duly required by public servant to make it.—Whoever\nrefuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a\npublic servant legally competent to require that he shall so bind himself, shall be punished with simple\nimprisonment for a term which may extend to six months, or with fine which may extend to five thousand\nrupees, or with both.", "section_number": "213", "section_title": "Refusing oath or affirmation when duly required by public servant to make it", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 213, BNS 2023" }, { "chunk_id": "BNS_214", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 214: Refusing to answer public servant authorised to question.]\n\n214. Refusing to answer public servant authorised to question.—Whoever, being legally bound to\nstate the truth on any subject to any public servant, refuses to answer any question demanded of him\ntouching that subject by such public servant in the exercise of the legal powers of such public servant,\nshall be punished with simple imprisonment for a term which may extend to six months, or with fine\nwhich may extend to five thousand rupees, or with both.", "section_number": "214", "section_title": "Refusing to answer public servant authorised to question", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 214, BNS 2023" }, { "chunk_id": "BNS_215", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 215: Refusing to sign statement.]\n\n215. Refusing to sign statement.—Whoever refuses to sign any statement made by him, when\nrequired to sign that statement by a public servant legally competent to require that he shall sign that\nstatement, shall be punished with simple imprisonment for a term which may extend to three months, or\nwith fine which may extend to three thousand rupees, or with both.", "section_number": "215", "section_title": "Refusing to sign statement", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 215, BNS 2023" }, { "chunk_id": "BNS_216", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 216: False statement on oath or affirmation to public servant or person authorised to.]\n\n216. False statement on oath or affirmation to public servant or person authorised to\nadminister an oath or affirmation.—Whoever, being legally bound by an oath or affirmation to state\nthe truth on any subject to any public servant or other person authorised by law to administer such oath or\naffirmation, makes, to such public servant or other person as aforesaid, touching that subject, any\nstatement which is false, and which he either knows or believes to be false or does not believe to be true,\nshall be punished with imprisonment of either description for a term which may extend to three years,\nand shall also be liable to fine.", "section_number": "216", "section_title": "False statement on oath or affirmation to public servant or person authorised to", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 216, BNS 2023" }, { "chunk_id": "BNS_217", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 217: False information, with intent to cause public servant to use his lawful power to injury of.]\n\n217. False information, with intent to cause public servant to use his lawful power to injury of\nanother person—Whoever gives to any public servant any information which he knows or believes to be\nfalse, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public\nservant—\n(a) to do or omit anything which such public servant ought not to do or omit if the true state of\nfacts respecting which such information is given were known by him; or\n\n(b) to use the lawful power of such public servant to the injury or annoyance of any person,\nshall be punished with imprisonment of either description for a term which may extend to one year, or\nwith fine which may extend to ten thousand rupees, or with both.\nIllustrations.\n(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been\nguilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be\nlikely that the information will cause the Magistrate to dismiss Z. A has committed the offence\ndefined in this section.\n(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such\ninformation to be false, and knowing that it is likely that the consequence of the information will be a\nsearch of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this\nsection.\n(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of\na particular village. He does not mention the name of any person as one of his assailants, but knows it\nto be likely that in consequence of this information the police will make enquiries and institute\nsearches in the village to the annoyance of the villagers or some of them. A has committed an offence\nunder this section.", "section_number": "217", "section_title": "False information, with intent to cause public servant to use his lawful power to injury of", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 217, BNS 2023" }, { "chunk_id": "BNS_218", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 218: Resistance to taking of property by lawful authority of a public servant.]\n\n218. Resistance to taking of property by lawful authority of a public servant.—Whoever offers\nany resistance to the taking of any property by the lawful authority of any public servant, knowing or\nhaving reason to believe that he is such public servant, shall be punished with imprisonment of either\ndescription for a term which may extend to six months, or with fine which may extend to ten thousand\nrupees, or with both.", "section_number": "218", "section_title": "Resistance to taking of property by lawful authority of a public servant", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 218, BNS 2023" }, { "chunk_id": "BNS_219", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 219: Obstructing sale of property offered for sale by authority of public servant.]\n\n219. Obstructing sale of property offered for sale by authority of public servant.—Whoever\nintentionally obstructs any sale of property offered for sale by the lawful authority of any public servant,\nas such, shall be punished with imprisonment of either description for a term which may extend to one\nmonth, or with fine which may extend to five thousand rupees, or with both.", "section_number": "219", "section_title": "Obstructing sale of property offered for sale by authority of public servant", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 219, BNS 2023" }, { "chunk_id": "BNS_220", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 220: Illegal purchase or bid for property offered for sale by authority of public servant.]\n\n220. Illegal purchase or bid for property offered for sale by authority of public servant.—\nWhoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or\nbids for any property on account of any person, whether himself or any other, whom he knows to be\nunder a legal incapacity to purchase that property at that sale, or bids for such property not intending to\nperform the obligations under which he lays himself by such bidding, shall be punished with\nimprisonment of either description for a term which may extend to one month, or with fine which may\nextend to two hundred rupees, or with both.", "section_number": "220", "section_title": "Illegal purchase or bid for property offered for sale by authority of public servant", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 220, BNS 2023" }, { "chunk_id": "BNS_221", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 221: Obstructing public servant in discharge of public functions.]\n\n221. Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs\nany public servant in the discharge of his public functions, shall be punished with imprisonment of either\ndescription for a term which may extend to three months, or with fine which may extend to two thousand\nand five hundred rupees, or with both.", "section_number": "221", "section_title": "Obstructing public servant in discharge of public functions", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 221, BNS 2023" }, { "chunk_id": "BNS_222", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 222: Omission to assist public servant when bound by law to give assistance.]\n\n222. Omission to assist public servant when bound by law to give assistance.—Whoever, being\nbound by law to render or furnish assistance to any public servant in the execution of his public duty,\nintentionally omits to give such assistance,—\n(a) shall be punished with simple imprisonment for a term which may extend to one month, or\nwith fine which may extend to two thousand and five hundred rupees, or with both;\n(b) and where such assistance be demanded of him by a public servant legally competent to make\nsuch demand for the purposes of executing any process lawfully issued by a Court or of preventing\nthe commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged\nwith or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple\nimprisonment for a term which may extend to six months, or with fine which may extend to five\nthousand rupees, or with both.", "section_number": "222", "section_title": "Omission to assist public servant when bound by law to give assistance", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 222, BNS 2023" }, { "chunk_id": "BNS_223", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 223: Disobedience to order duly promulgated by public servant.]\n\n223. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an\norder promulgated by a public servant lawfully empowered to promulgate such order, he is directed to\nabstain from a certain act, or to take certain order with certain property in his possession or under his\nmanagement, disobeys such direction,—\n(a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk\nof obstruction, annoyance or injury, to any person lawfully employed, be punished with simple\nimprisonment for a term which may extend to six months, or with fine which may extend to two\nthousand and five hundred rupees, or with both;\n(b) and where such disobedience causes or tends to cause danger to human life, health or safety,\nor causes or tends to cause a riot or affray, shall be punished with imprisonment of either description\nfor a term which may extend to one year, or with fine which may extend to five thousand rupees, or\nwith both.\nExplanation.—It is not necessary that the offender should intend to produce harm, or contemplate his\ndisobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and\nthat his disobedience produces, or is likely to produce, harm.\nIllustration.\nAn order is promulgated by a public servant lawfully empowered to promulgate such order, directing\nthat a religious procession shall not pass down a certain street. A knowingly disobeys the order, and\nthereby causes danger of riot. A has committed the offence defined in this section.", "section_number": "223", "section_title": "Disobedience to order duly promulgated by public servant", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 223, BNS 2023" }, { "chunk_id": "BNS_224", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 224: Threat of injury to public servant.]\n\n224. Threat of injury to public servant.—Whoever holds out any threat of injury to any public\nservant, or to any person in whom he believes that public servant to be interested, for the purpose of\ninducing that public servant to do any act, or to forbear or delay to do any act, connected with the\nexercise of the public functions of such public servant, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.", "section_number": "224", "section_title": "Threat of injury to public servant", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 224, BNS 2023" }, { "chunk_id": "BNS_225", "text": "[Context: This section is from BNS 2023, CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS. It covers Section 225: Threat of injury to induce person to refrain from applying for protection to public.]\n\n225. Threat of injury to induce person to refrain from applying for protection to public\nservant.—Whoever holds out any threat of injury to any person for the purpose of inducing that person\nto refrain or desist from making a legal application for protection against any injury to any public servant\nlegally empowered as such to give such protection, or to cause such protection to be given, shall be\npunished with imprisonment of either description for a term which may extend to one year, or with fine,\nor with both.", "section_number": "225", "section_title": "Threat of injury to induce person to refrain from applying for protection to public", "chapter": "CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS", "act": "BNS 2023", "source_label": "Section 225, BNS 2023" }, { "chunk_id": "BNS_226", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 226: Attempt to commit suicide to compel or restrain exercise of lawful power.]\n\n226. Attempt to commit suicide to compel or restrain exercise of lawful power.—Whoever\nattempts to commit suicide with the intent to compel or restrain any public servant from discharging his\nofficial duty shall be punished with simple imprisonment for a term which may extend to one year, or\nwith fine, or with both, or with community service.", "section_number": "226", "section_title": "Attempt to commit suicide to compel or restrain exercise of lawful power", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 226, BNS 2023" }, { "chunk_id": "BNS_227", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 227: Giving false evidence.]\n\n227. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of\nlaw to state the truth, or being bound by law to make a declaration upon any subject, makes any statement\nwhich is false, and which he either knows or believes to be false or does not believe to be true, is said to\ngive false evidence.\nExplanation 1.—A statement is within the meaning of this section, whether it is made verbally or\notherwise.\nExplanation 2.—A false statement as to the belief of the person attesting is within the meaning of this\nsection, and a person may be guilty of giving false evidence by stating that he believes a thing which he\ndoes not believe, as well as by stating that he knows a thing which he does not know.\nIllustrations.\n\n(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a\ntrial that he heard Z admit the justice of B’s claim. A has given false evidence.\n(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the\nhandwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he\nknows to be false, and therefore gives false evidence.\n(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to\nbe the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his\nbelief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z,\nA has not given false evidence.\n(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place\non a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that\nplace on the day named or not.\n(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a\nstatement or document which he is bound by oath to interpret or translate truly, that which is not and\nwhich he does not believe to be a true interpretation or translation. A has given false evidence.", "section_number": "227", "section_title": "Giving false evidence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 227, BNS 2023" }, { "chunk_id": "BNS_228", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 228: Fabricating false evidence.]\n\n228. Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false\nentry in any book or record, or electronic record or makes any document or electronic record containing a\nfalse statement, intending that such circumstance, false entry or false statement may appear in evidence in\na judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an\narbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause\nany person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous\nopinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.\nIllustrations.\n(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and\nthat this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.\n(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a\nCourt. A has fabricated false evidence.\n(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in\nimitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy,\nand puts the letter in a place which he knows that the officers of the police are likely to search. A has\nfabricated false evidence.", "section_number": "228", "section_title": "Fabricating false evidence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 228, BNS 2023" }, { "chunk_id": "BNS_229", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 229: Punishment for false evidence.]\n\n229. Punishment for false evidence.—(1) Whoever intentionally gives false evidence in any stage\nof a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a\njudicial proceeding, shall be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.\n(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in\nsub-section (1), shall be punished with imprisonment of either description for a term which may extend to\nthree years, and shall also be liable to fine which may extend to five thousand rupees.\nExplanation 1.—A trial before a Court-martial is a judicial proceeding.\nExplanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a\nstage of a judicial proceeding, though that investigation may not take place before a Court.\nIllustration.\nA, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed\nfor trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial\nproceeding, A has given false evidence.\n\nExplanation 3.—An investigation directed by a Court according to law, and conducted under the\nauthority of a Court, is a stage of a judicial proceeding, though that investigation may not take place\nbefore a Court.\nIllustration.\nA, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land,\nmakes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding,\nA has given false evidence.", "section_number": "229", "section_title": "Punishment for false evidence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 229, BNS 2023" }, { "chunk_id": "BNS_230", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 230: Giving or fabricating false evidence with intent to procure conviction of capital offence.]\n\n230. Giving or fabricating false evidence with intent to procure conviction of capital offence.—\n(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that\nhe will thereby cause, any person to be convicted of an offence which is capital by the law for the time\nbeing in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a\nterm which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand\nrupees.\n(2) If an innocent person be convicted and executed in consequence of false evidence referred to in\nsub-section (1), the person who gives such false evidence shall be punished either with death or the\npunishment specified in sub-section (1).", "section_number": "230", "section_title": "Giving or fabricating false evidence with intent to procure conviction of capital offence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 230, BNS 2023" }, { "chunk_id": "BNS_231", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 231: Giving or fabricating false evidence with intent to procure conviction of offence punishable.]\n\n231. Giving or fabricating false evidence with intent to procure conviction of offence punishable\nwith imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending\nthereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an\noffence which by the law for the time being in force in India is not capital, but punishable with\nimprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a\nperson convicted of that offence would be liable to be punished.\nIllustration.\nA gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The\npunishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to\nten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or\nwithout fine.", "section_number": "231", "section_title": "Giving or fabricating false evidence with intent to procure conviction of offence punishable", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 231, BNS 2023" }, { "chunk_id": "BNS_232", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 232: Threatening any person to give false evidence.]\n\n232. Threatening any person to give false evidence.—(1) Whoever threatens another with any\ninjury to his person, reputation or property or to the person or reputation of any one in whom that person\nis interested, with intent to cause that person to give false evidence shall be punished with imprisonment\nof either description for a term which may extend to seven years, or with fine, or with both.\n(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in\nsub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be\npunished with the same punishment and sentence in the same manner and to the same extent such\ninnocent person is punished and sentenced.", "section_number": "232", "section_title": "Threatening any person to give false evidence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 232, BNS 2023" }, { "chunk_id": "BNS_233", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 233: Using evidence known to be false.]\n\n233. Using evidence known to be false.—Whoever corruptly uses or attempts to use as true or\ngenuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same\nmanner as if he gave or fabricated false evidence.", "section_number": "233", "section_title": "Using evidence known to be false", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 233, BNS 2023" }, { "chunk_id": "BNS_234", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 234: Issuing or signing false certificate.]\n\n234. Issuing or signing false certificate.—Whoever issues or signs any certificate required by law to\nbe given or signed, or relating to any fact of which such certificate is by law admissible in evidence,\nknowing or believing that such certificate is false in any material point, shall be punished in the same\nmanner as if he gave false evidence.", "section_number": "234", "section_title": "Issuing or signing false certificate", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 234, BNS 2023" }, { "chunk_id": "BNS_235", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 235: Using as true a certificate known to be false.]\n\n235. Using as true a certificate known to be false.—Whoever corruptly uses or attempts to use any\nsuch certificate as a true certificate, knowing the same to be false in any material point, shall be punished\nin the same manner as if he gave false evidence.", "section_number": "235", "section_title": "Using as true a certificate known to be false", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 235, BNS 2023" }, { "chunk_id": "BNS_236", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 236: False statement made in declaration which is by law receivable as evidence.]\n\n236. False statement made in declaration which is by law receivable as evidence.—Whoever, in\nany declaration made or subscribed by him, which declaration any Court or any public servant or other\n\nperson, is bound or authorised by law to receive as evidence of any fact, makes any statement which is\nfalse, and which he either knows or believes to be false or does not believe to be true, touching any point\nmaterial to the object for which the declaration is made or used, shall be punished in the same manner as\nif he gave false evidence.", "section_number": "236", "section_title": "False statement made in declaration which is by law receivable as evidence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 236, BNS 2023" }, { "chunk_id": "BNS_237", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 237: Using as true such declaration knowing it to be false.]\n\n237. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to\nuse as true any such declaration, knowing the same to be false in any material point, shall be punished in\nthe same manner as if he gave false evidence.\nExplanation.—A declaration which is inadmissible merely upon the ground of some informality, is a\ndeclaration within the meaning of section 236 and this section.", "section_number": "237", "section_title": "Using as true such declaration knowing it to be false", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 237, BNS 2023" }, { "chunk_id": "BNS_238", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 238: Causing disappearance of evidence of offence, or giving false information to screen.]\n\n238. Causing disappearance of evidence of offence, or giving false information to screen\noffender.—Whoever, knowing or having reason to believe that an offence has been committed, causes\nany evidence of the commission of that offence to disappear, with the intention of screening the offender\nfrom legal punishment, or with that intention gives any information respecting the offence which he\nknows or believes to be false shall,—\n(a) if the offence which he knows or believes to have been committed is punishable with death,\nbe punished with imprisonment of either description for a term which may extend to seven years, and\nshall also be liable to fine;\n(b) if the offence is punishable with imprisonment for life, or with imprisonment which may\nextend to ten years, be punished with imprisonment of either description for a term which may extend\nto three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment for any term not extending to ten years, be\npunished with imprisonment of the description provided for the offence, for a term which may extend\nto one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or\nwith both.\nIllustration.\nA, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from\npunishment. A is liable to imprisonment of either description for seven years, and also to fine.", "section_number": "238", "section_title": "Causing disappearance of evidence of offence, or giving false information to screen", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 238, BNS 2023" }, { "chunk_id": "BNS_239", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 239: Intentional omission to give information of offence by person bound to inform.]\n\n239. Intentional omission to give information of offence by person bound to inform.—Whoever,\nknowing or having reason to believe that an offence has been committed, intentionally omits to give any\ninformation respecting that offence which he is legally bound to give, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "239", "section_title": "Intentional omission to give information of offence by person bound to inform", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 239, BNS 2023" }, { "chunk_id": "BNS_240", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 240: Giving false information respecting an offence committed.]\n\n240. Giving false information respecting an offence committed.—Whoever, knowing or having\nreason to believe that an offence has been committed, gives any information respecting that offence\nwhich he knows or believes to be false, shall be punished with imprisonment of either description for a\nterm which may extend to two years, or with fine, or with both.\nExplanation.—In sections 238 and 239 and in this section the word “offence” includes any act\ncommitted at any place out of India, which, if committed in India, would be punishable under any of the\nfollowing sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),\n(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and\n(8) of section 331, clauses (a) and (b) of section 332.", "section_number": "240", "section_title": "Giving false information respecting an offence committed", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 240, BNS 2023" }, { "chunk_id": "BNS_241", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 241: Destruction of document or electronic record to prevent its production as evidence.]\n\n241. Destruction of document or electronic record to prevent its production as evidence.—\nWhoever secretes or destroys any document or electronic record which he may be lawfully compelled to\nproduce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or\nobliterates or renders illegible the whole or any part of such document or electronic record with the\nintention of preventing the same from being produced or used as evidence before such Court or public\nservant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for\nthat purpose, shall be punished with imprisonment of either description for a term which may extend to\nthree years, or with fine which may extend to five thousand rupees, or with both.", "section_number": "241", "section_title": "Destruction of document or electronic record to prevent its production as evidence", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 241, BNS 2023" }, { "chunk_id": "BNS_242", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 242: False personation for purpose of act or proceeding in suit or prosecution.]\n\n242. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely\npersonates another, and in such assumed character makes any admission or statement, or confesses\njudgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit\nor criminal prosecution, shall be punished with imprisonment of either description for a term which may\nextend to three years, or with fine, or with both.", "section_number": "242", "section_title": "False personation for purpose of act or proceeding in suit or prosecution", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 242, BNS 2023" }, { "chunk_id": "BNS_243", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 243: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in.]\n\n243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in\nexecution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or\nany interest therein, intending thereby to prevent that property or interest therein from being taken as a\nforfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to\nbe likely to be pronounced, by a Court or other competent authority, or from being taken in execution of a\ndecree or order which has been made, or which he knows to be likely to be made by a Court in a civil\nsuit, shall be punished with imprisonment of either description for a term which may extend to three\nyears, or with fine which may extend to five thousand rupees, or with both.", "section_number": "243", "section_title": "Fraudulent removal or concealment of property to prevent its seizure as forfeited or in", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 243, BNS 2023" }, { "chunk_id": "BNS_244", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 244: Fraudulent claim to property to prevent its seizure as forfeited or in execution.]\n\n244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.—Whoever\nfraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right\nor rightful claim to such property or interest, or practises any deception touching any right to any\nproperty or any interest therein, intending thereby to prevent that property or interest therein from being\ntaken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he\nknows to be likely to be pronounced by a Court or other competent authority, or from being taken in\nexecution of a decree or order which has been made, or which he knows to be likely to be made by a\nCourt in a civil suit, shall be punished with imprisonment of either description for a term which may\nextend to two years, or with fine, or with both.", "section_number": "244", "section_title": "Fraudulent claim to property to prevent its seizure as forfeited or in execution", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 244, BNS 2023" }, { "chunk_id": "BNS_245", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 245: Fraudulently suffering decree for sum not due.]\n\n245. Fraudulently suffering decree for sum not due.—Whoever fraudulently causes or suffers a\ndecree or order to be passed against him at the suit of any person for a sum not due or for a larger sum\nthan is due to such person or for any property or interest in property to which such person is not entitled,\nor fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or\nfor anything in respect of which it has been satisfied, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.\nIllustration.\nA institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently\nsuffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against\nhim, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any\nsale of Z’s property which may be made under A’s decree. Z has committed an offence under this\nsection.", "section_number": "245", "section_title": "Fraudulently suffering decree for sum not due", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 245, BNS 2023" }, { "chunk_id": "BNS_246", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 246: Dishonestly making false claim in Court.]\n\n246. Dishonestly making false claim in Court.—Whoever fraudulently or dishonestly, or with\nintent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be\npunished with imprisonment of either description for a term which may extend to two years, and shall\nalso be liable to fine.", "section_number": "246", "section_title": "Dishonestly making false claim in Court", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 246, BNS 2023" }, { "chunk_id": "BNS_247", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 247: Fraudulently obtaining decree for sum not due.]\n\n247. Fraudulently obtaining decree for sum not due.—Whoever fraudulently obtains a decree or\norder against any person for a sum not due, or for a larger sum than is due or for any property or interest\nin property to which he is not entitled, or fraudulently causes a decree or order to be executed against any\nperson after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently\nsuffers or permits any such act to be done in his name, shall be punished with imprisonment of either\ndescription for a term which may extend to two years, or with fine, or with both.", "section_number": "247", "section_title": "Fraudulently obtaining decree for sum not due", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 247, BNS 2023" }, { "chunk_id": "BNS_248", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 248: False charge of offence made with intent to injure.]\n\n248. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to\nany person, institutes or causes to be instituted any criminal proceeding against that person, or falsely\ncharges any person with having committed an offence, knowing that there is no just or lawful ground for\nsuch proceeding or charge against that person,—\n(a) shall be punished with imprisonment of either description for a term which may extend to five\nyears, or with fine which may extend to two lakh rupees, or with both;\n\n(b) if such criminal proceeding be instituted on a false charge of an offence punishable with\ndeath, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with\nimprisonment of either description for a term which may extend to ten years, and shall also be liable\nto fine.", "section_number": "248", "section_title": "False charge of offence made with intent to injure", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 248, BNS 2023" }, { "chunk_id": "BNS_249", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 249: Harbouring offender.]\n\n249. Harbouring offender.—Whenever an offence has been committed, whoever harbours or\nconceals a person whom he knows or has reason to believe to be the offender, with the intention of\nscreening him from legal punishment shall,—\n(a) if the offence is punishable with death, be punished with imprisonment of either description\nfor a term which may extend to five years, and shall also be liable to fine;\n(b) if the offence is punishable with imprisonment for life, or with imprisonment which may\nextend to ten years, be punished with imprisonment of either description for a term which may extend\nto three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment which may extend to one year, and not to ten\nyears, be punished with imprisonment of the description provided for the offence for a term which\nmay extend to one-fourth part of the longest term of imprisonment provided for the offence, or with\nfine, or with both.\nExplanation.— “Offence” in this section includes any act committed at any place out of India, which,\nif committed in India, would be punishable under any of the following sections, namely, 103, 105, 307,\nsub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312,\nclauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of\nsection 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the\naccused person had been guilty of it in India.\nException.—This section shall not extend to any case in which the harbour or concealment is by the\nspouse of the offender.\nIllustration.\nA, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal\npunishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description\nfor a term not exceeding three years, and is also liable to fine.", "section_number": "249", "section_title": "Harbouring offender", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 249, BNS 2023" }, { "chunk_id": "BNS_250", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 250: Taking gift, etc., to screen an offender from punishment.]\n\n250. Taking gift, etc., to screen an offender from punishment.—Whoever accepts or attempts to\nobtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property\nto himself or any other person, in consideration of his concealing an offence or of his screening any\nperson from legal punishment for any offence, or of his not proceeding against any person for the purpose\nof bringing him to legal punishment shall,—\n(a) if the offence is punishable with death, be punished with imprisonment of either description\nfor a term which may extend to seven years, and shall also be liable to fine;\n(b) if the offence is punishable with imprisonment for life, or with imprisonment which may\nextend to ten years, be punished with imprisonment of either description for a term which may extend\nto three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment not extending to ten years, be punished with\nimprisonment of the description provided for the offence for a term which may extend to one-fourth\npart of the longest term of imprisonment provided for the offence, or with fine, or with both.", "section_number": "250", "section_title": "Taking gift, etc., to screen an offender from punishment", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 250, BNS 2023" }, { "chunk_id": "BNS_251", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 251: Offering gift or restoration of property in consideration of screening offender.]\n\n251. Offering gift or restoration of property in consideration of screening offender.—Whoever\ngives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes\nthe restoration of any property to any person, in consideration of that person’s concealing an offence, or\nof his screening any person from legal punishment for any offence, or of his not proceeding against any\nperson for the purpose of bringing him to legal punishment shall,—\n(a) if the offence is punishable with death, be punished with imprisonment of either description\nfor a term which may extend to seven years, and shall also be liable to fine;\n\n(b) if the offence is punishable with imprisonment for life or with imprisonment which may\nextend to ten years, be punished with imprisonment of either description for a term which may extend\nto three years, and shall also be liable to fine;\n(c) if the offence is punishable with imprisonment not extending to ten years, be punished with\nimprisonment of the description provided for the offence for a term which may extend to one-fourth\npart of the longest term of imprisonment provided for the offence, or with fine, or with both.\nException.—The provisions of this section and section 250 do not extend to any case in which the\noffence may lawfully be compounded.", "section_number": "251", "section_title": "Offering gift or restoration of property in consideration of screening offender", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 251, BNS 2023" }, { "chunk_id": "BNS_252", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 252: Taking gift to help to recover stolen property, etc.]\n\n252. Taking gift to help to recover stolen property, etc.—Whoever takes or agrees or consents to\ntake any gratification under pretence or on account of helping any person to recover any movable\nproperty of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless\nhe uses all means in his power to cause the offender to be apprehended and convicted of the offence, be\npunished with imprisonment of either description for a term which may extend to two years, or with fine,\nor with both.", "section_number": "252", "section_title": "Taking gift to help to recover stolen property, etc", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 252, BNS 2023" }, { "chunk_id": "BNS_253", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 253: Harbouring offender who has escaped from custody or whose apprehension has been.]\n\n253. Harbouring offender who has escaped from custody or whose apprehension has been\nordered.—Whenever any person convicted of or charged with an offence, being in lawful custody for\nthat offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful\npowers of such public servant, orders a certain person to be apprehended for an offence, whoever,\nknowing of such escape or order for apprehension, harbours or conceals that person with the intention of\npreventing him from being apprehended, shall be punished in the manner following, namely:—\n(a) if the offence for which the person was in custody or is ordered to be apprehended is\npunishable with death, he shall be punished with imprisonment of either description for a term which\nmay extend to seven years, and shall also be liable to fine;\n(b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall\nbe punished with imprisonment of either description for a term which may extend to three years, with\nor without fine;\n(c) if the offence is punishable with imprisonment which may extend to one year and not to ten\nyears, he shall be punished with imprisonment of the description provided for the offence for a term\nwhich may extend to one-fourth part of the longest term of the imprisonment provided for such\noffence, or with fine, or with both.\nExplanation.—“Offence” in this section includes also any act or omission of which a person is\nalleged to have been guilty out of India, which, if he had been guilty of it in India, would have been\npunishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to\nbe apprehended or detained in custody in India, and every such act or omission shall, for the purposes of\nthis section, be deemed to be punishable as if the accused person had been guilty of it in India.\nException.—The provisions of this section do not extend to the case in which the harbour or\nconcealment is by the spouse of the person to be apprehended.", "section_number": "253", "section_title": "Harbouring offender who has escaped from custody or whose apprehension has been", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 253, BNS 2023" }, { "chunk_id": "BNS_254", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 254: Penalty for harbouring robbers or dacoits.]\n\n254. Penalty for harbouring robbers or dacoits.—Whoever, knowing or having reason to believe\nthat any persons are about to commit or have recently committed robbery or dacoity, harbours them or\nany of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening\nthem or any of them from punishment, shall be punished with rigorous imprisonment for a term which\nmay extend to seven years, and shall also be liable to fine.\nExplanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is\nintended to be committed, or has been committed, within or without India.\nException.—The provisions of this section do not extend to the case in which the harbour is by the\nspouse of the offender.", "section_number": "254", "section_title": "Penalty for harbouring robbers or dacoits", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 254, BNS 2023" }, { "chunk_id": "BNS_255", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 255: Public servant disobeying direction of law with intent to save person from punishment or.]\n\n255. Public servant disobeying direction of law with intent to save person from punishment or\nproperty from forfeiture.—Whoever, being a public servant, knowingly disobeys any direction of the\nlaw as to the way in which he is to conduct himself as such public servant, intending thereby to save, or\n\nknowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a\nless punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby\nto save, any property from forfeiture or any charge to which it is liable by law, shall be punished with\nimprisonment of either description for a term which may extend to two years, or with fine, or with both.", "section_number": "255", "section_title": "Public servant disobeying direction of law with intent to save person from punishment or", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 255, BNS 2023" }, { "chunk_id": "BNS_256", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 256: Public servant framing incorrect record or writing with intent to save person from.]\n\n256. Public servant framing incorrect record or writing with intent to save person from\npunishment or property from forfeiture.—Whoever, being a public servant, and being as such public\nservant, charged with the preparation of any record or other writing, frames that record or writing in a\nmanner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will\nthereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to\nbe likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing\nthat he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law,\nshall be punished with imprisonment of either description for a term which may extend to three years, or\nwith fine, or with both.", "section_number": "256", "section_title": "Public servant framing incorrect record or writing with intent to save person from", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 256, BNS 2023" }, { "chunk_id": "BNS_257", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 257: Public servant in judicial proceeding corruptly making report, etc., contrary to law.]\n\n257. Public servant in judicial proceeding corruptly making report, etc., contrary to law.—\nWhoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial\nproceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be\npunished with imprisonment of either description for a term which may extend to seven years, or with\nfine, or with both.", "section_number": "257", "section_title": "Public servant in judicial proceeding corruptly making report, etc., contrary to law", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 257, BNS 2023" }, { "chunk_id": "BNS_258", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 258: Commitment for trial or confinement by person having authority who knows that he is.]\n\n258. Commitment for trial or confinement by person having authority who knows that he is\nacting contrary to law.—Whoever, being in any office which gives him legal authority to commit\npersons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits\nany person for trial or to confinement, or keeps any person in confinement, in the exercise of that\nauthority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of\neither description for a term which may extend to seven years, or with fine, or with both.", "section_number": "258", "section_title": "Commitment for trial or confinement by person having authority who knows that he is", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 258, BNS 2023" }, { "chunk_id": "BNS_259", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 259: Intentional omission to apprehend on part of public servant bound to apprehend.]\n\n259. Intentional omission to apprehend on part of public servant bound to apprehend.—\nWhoever, being a public servant, legally bound as such public servant to apprehend or to keep in\nconfinement any person charged with or liable to be apprehended for an offence, intentionally omits to\napprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in\nescaping or attempting to escape from such confinement, shall be punished,—\n(a) with imprisonment of either description for a term which may extend to seven years, with or\nwithout fine, if the person in confinement, or who ought to have been apprehended, was charged\nwith, or liable to be apprehended for, an offence punishable with death; or\n(b) with imprisonment of either description for a term which may extend to three years, with or\nwithout fine, if the person in confinement, or who ought to have been apprehended, was charged\nwith, or liable to be apprehended for, an offence punishable with imprisonment for life or\nimprisonment for a term which may extend to ten years; or\n(c) with imprisonment of either description for a term which may extend to two years, with or\nwithout fine, if the person in confinement, or who ought to have been apprehended, was charged\nwith, or liable to be apprehended for, an offence punishable with imprisonment for a term less than\nten years.", "section_number": "259", "section_title": "Intentional omission to apprehend on part of public servant bound to apprehend", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 259, BNS 2023" }, { "chunk_id": "BNS_260", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 260: Intentional omission to apprehend on part of public servant bound to apprehend person.]\n\n260. Intentional omission to apprehend on part of public servant bound to apprehend person\nunder sentence or lawfully committed.—Whoever, being a public servant, legally bound as such public\nservant to apprehend or to keep in confinement any person under sentence of a Court for any offence or\nlawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such\nperson to escape or intentionally aids such person in escaping or attempting to escape from such\nconfinement, shall be punished,—\n(a) with imprisonment for life or with imprisonment of either description for a term which may\nextend to fourteen years, with or without fine, if the person in confinement, or who ought to have\nbeen apprehended, is under sentence of death; or\n\n(b) with imprisonment of either description for a term which may extend to seven years, with or\nwithout fine, if the person in confinement or who ought to have been apprehended, is subject, by a\nsentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or\nimprisonment for a term of ten years, or upwards; or\n(c) with imprisonment of either description for a term which may extend to three years, or with\nfine, or with both, if the person in confinement or who ought to have been apprehended, is subject by\na sentence of a Court to imprisonment for a term not extending to ten years or if the person was\nlawfully committed to custody.", "section_number": "260", "section_title": "Intentional omission to apprehend on part of public servant bound to apprehend person", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 260, BNS 2023" }, { "chunk_id": "BNS_261", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 261: Escape from confinement or custody negligently suffered by public servant.]\n\n261. Escape from confinement or custody negligently suffered by public servant.—Whoever,\nbeing a public servant legally bound as such public servant to keep in confinement any person charged\nwith or convicted of any offence or lawfully committed to custody, negligently suffers such person to\nescape from confinement, shall be punished with simple imprisonment for a term which may extend to\ntwo years, or with fine, or with both.", "section_number": "261", "section_title": "Escape from confinement or custody negligently suffered by public servant", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 261, BNS 2023" }, { "chunk_id": "BNS_262", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 262: Resistance or obstruction by a person to his lawful apprehension.]\n\n262. Resistance or obstruction by a person to his lawful apprehension.—Whoever intentionally\noffers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with\nwhich he is charged or of which he has been convicted, or escapes or attempts to escape from any\ncustody in which he is lawfully detained for any such offence, shall be punished with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.\nExplanation.—The punishment in this section is in addition to the punishment for which the person\nto be apprehended or detained in custody was liable for the offence with which he was charged, or of\nwhich he was convicted.", "section_number": "262", "section_title": "Resistance or obstruction by a person to his lawful apprehension", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 262, BNS 2023" }, { "chunk_id": "BNS_263", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 263: Resistance or obstruction to lawful apprehension of another person.]\n\n263. Resistance or obstruction to lawful apprehension of another person.—Whoever,\nintentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for\nan offence, or rescues or attempts to rescue any other person from any custody in which that person is\nlawfully detained for an offence,—\n(a) shall be punished with imprisonment of either description for a term which may extend to two\nyears, or with fine, or with both; or\n(b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged\nwith or liable to be apprehended for an offence punishable with imprisonment for life or\nimprisonment for a term which may extend to ten years, shall be punished with imprisonment of\neither description for a term which may extend to three years, and shall also be liable to fine; or\n(c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or\nliable to be apprehended for an offence punishable with death, shall be punished with imprisonment\nof either description for a term which may extend to seven years, and shall also be liable to fine; or\n(d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the\nsentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or\nimprisonment for a term of ten years or upwards, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine; or\n(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of\ndeath, shall be punished with imprisonment for life or imprisonment of either description for a term\nnot exceeding ten years, and shall also be liable to fine.", "section_number": "263", "section_title": "Resistance or obstruction to lawful apprehension of another person", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 263, BNS 2023" }, { "chunk_id": "BNS_264", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not.]\n\n264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not\notherwise provided for.—Whoever, being a public servant legally bound as such public servant to\napprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260\nor section 261, or in any other law for the time being in force, omits to apprehend that person or suffers\nhim to escape from confinement, shall be punished—\n(a) if he does so intentionally, with imprisonment of either description for a term which may\nextend to three years, or with fine, or with both; and\n\n(b) if he does so negligently, with simple imprisonment for a term which may extend to two\nyears, or with fine, or with both.", "section_number": "264", "section_title": "Omission to apprehend, or sufferance of escape, on part of public servant, in cases not", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 264, BNS 2023" }, { "chunk_id": "BNS_265", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 265: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise.]\n\n265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise\nprovided for.—Whoever, in any case not provided for in section 262 or section 263 or in any other law\nfor the time being in force, intentionally offers any resistance or illegal obstruction to the lawful\napprehension of himself or of any other person, or escapes or attempts to escape from any custody in\nwhich he is lawfully detained, or rescues or attempts to rescue any other person from any custody in\nwhich that person is lawfully detained, shall be punished with imprisonment of either description for a\nterm which may extend to six months, or with fine, or with both.", "section_number": "265", "section_title": "Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 265, BNS 2023" }, { "chunk_id": "BNS_266", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 266: Violation of condition of remission of punishment.]\n\n266. Violation of condition of remission of punishment.—Whoever, having accepted any\nconditional remission of punishment, knowingly violates any condition on which such remission was\ngranted, shall be punished with the punishment to which he was originally sentenced, if he has already\nsuffered no part of that punishment, and if he has suffered any part of that punishment, then with so much\nof that punishment as he has not already suffered.", "section_number": "266", "section_title": "Violation of condition of remission of punishment", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 266, BNS 2023" }, { "chunk_id": "BNS_267", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 267: Intentional insult or interruption to public servant sitting in judicial proceeding.]\n\n267. Intentional insult or interruption to public servant sitting in judicial proceeding.—\nWhoever, intentionally offers any insult, or causes any interruption to any public servant, while such\npublic servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment\nfor a term which may extend to six months, or with fine which may extend to five thousand rupees, or\nwith both.", "section_number": "267", "section_title": "Intentional insult or interruption to public servant sitting in judicial proceeding", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 267, BNS 2023" }, { "chunk_id": "BNS_268", "text": "[Context: This section is from BNS 2023, CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE. It covers Section 268: Personation of assessor.]\n\n268. Personation of assessor.—Whoever, by personation or otherwise, shall intentionally cause, or\nknowingly suffer himself to be returned, empanelled or sworn as an assessor in any case in which he\nknows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have\nbeen so returned, empanelled or sworn contrary to law, shall voluntarily serve as such assessor, shall be\npunished with imprisonment of either description for a term which may extend to two years, or with fine,\nor with both.", "section_number": "268", "section_title": "Personation of assessor", "chapter": "CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE", "act": "BNS 2023", "source_label": "Section 268, BNS 2023" }, { "chunk_id": "BNS_269", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 269: Failure by person released on bail bond or bond to appear in Court.]\n\n269. Failure by person released on bail bond or bond to appear in Court.—Whoever, having\nbeen charged with an offence and released on bail bond or on bond, fails without sufficient cause (the\nburden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail\nor bond, shall be punished with imprisonment of either description for a term which may extend to one\nyear, or with fine, or with both.\nExplanation.—The punishment under this section is—\n(a) in addition to the punishment to which the offender would be liable on a conviction for the\noffence with which he has been charged; and\n(b) without prejudice to the power of the Court to order forfeiture of the bond.", "section_number": "269", "section_title": "Failure by person released on bail bond or bond to appear in Court", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 269, BNS 2023" }, { "chunk_id": "BNS_270", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 270: Public nuisance.]\n\n270. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an\nillegal omission which causes any common injury, danger or annoyance to the public or to the people in\ngeneral who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction,\ndanger or annoyance to persons who may have occasion to use any public right but a common nuisance is\nnot excused on the ground that it causes some convenience or advantage.", "section_number": "270", "section_title": "Public nuisance", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 270, BNS 2023" }, { "chunk_id": "BNS_271", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 271: Negligent act likely to spread infection of disease dangerous to life.]\n\n271. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or\nnegligently does any act which is, and which he knows or has reason to believe to be, likely to spread the\ninfection of any disease dangerous to life, shall be punished with imprisonment of either description for a\nterm which may extend to six months, or with fine, or with both.", "section_number": "271", "section_title": "Negligent act likely to spread infection of disease dangerous to life", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 271, BNS 2023" }, { "chunk_id": "BNS_272", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 272: Malignant act likely to spread infection of disease dangerous to life.]\n\n272. Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly\ndoes any act which is, and which he knows or has reason to believe to be, likely to spread the infection of\n\nany disease dangerous to life, shall be punished with imprisonment of either description for a term which\nmay extend to two years, or with fine, or with both.", "section_number": "272", "section_title": "Malignant act likely to spread infection of disease dangerous to life", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 272, BNS 2023" }, { "chunk_id": "BNS_273", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 273: Disobedience to quarantine rule.]\n\n273. Disobedience to quarantine rule.—Whoever knowingly disobeys any rule made by the\nGovernment for putting any mode of transport into a state of quarantine, or for regulating the intercourse\nof any such transport in a state of quarantine or for regulating the intercourse between places where an\ninfectious disease prevails and other places, shall be punished with imprisonment of either description for\na term which may extend to six months, or with fine, or with both.", "section_number": "273", "section_title": "Disobedience to quarantine rule", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 273, BNS 2023" }, { "chunk_id": "BNS_274", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 274: Adulteration of food or drink intended for sale.]\n\n274. Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or\ndrink, so as to make such article noxious as food or drink, intending to sell such article as food or drink,\nor knowing it to be likely that the same will be sold as food or drink, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "274", "section_title": "Adulteration of food or drink intended for sale", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 274, BNS 2023" }, { "chunk_id": "BNS_275", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 275: Sale of noxious food or drink.]\n\n275. Sale of noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or drink,\nany article which has been rendered or has become noxious, or is in a state unfit for food or drink,\nknowing or having reason to believe that the same is noxious as food or drink, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "275", "section_title": "Sale of noxious food or drink", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 275, BNS 2023" }, { "chunk_id": "BNS_276", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 276: Adulteration of drugs.]\n\n276. Adulteration of drugs.—Whoever adulterates any drug or medical preparation in such a\nmanner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make\nit noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used\nfor, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "276", "section_title": "Adulteration of drugs", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 276, BNS 2023" }, { "chunk_id": "BNS_277", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 277: Sale of adulterated drugs.]\n\n277. Sale of adulterated drugs.—Whoever, knowing any drug or medical preparation to have been\nadulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells\nthe same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as\nunadulterated, or causes it to be used for medicinal purposes by any person not knowing of the\nadulteration, shall be punished with imprisonment of either description for a term which may extend to\nsix months, or with fine which may extend to five thousand rupees, or with both.", "section_number": "277", "section_title": "Sale of adulterated drugs", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 277, BNS 2023" }, { "chunk_id": "BNS_278", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 278: Sale of drug as a different drug or preparation.]\n\n278. Sale of drug as a different drug or preparation.—Whoever knowingly sells, or offers or\nexposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as\na different drug or medical preparation, shall be punished with imprisonment of either description for a\nterm which may extend to six months, or with fine which may extend to five thousand rupees, or with\nboth.", "section_number": "278", "section_title": "Sale of drug as a different drug or preparation", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 278, BNS 2023" }, { "chunk_id": "BNS_279", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 279: Fouling water of public spring or reservoir.]\n\n279. Fouling water of public spring or reservoir.—Whoever voluntarily corrupts or fouls the water\nof any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used,\nshall be punished with imprisonment of either description for a term which may extend to six months, or\nwith fine which may extend to five thousand rupees, or with both.", "section_number": "279", "section_title": "Fouling water of public spring or reservoir", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 279, BNS 2023" }, { "chunk_id": "BNS_280", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 280: Making atmosphere noxious to health.]\n\n280. Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any\nplace so as to make it noxious to the health of persons in general dwelling or carrying on business in the\nneighbourhood or passing along a public way, shall be punished with fine which may extend to one\nthousand rupees.", "section_number": "280", "section_title": "Making atmosphere noxious to health", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 280, BNS 2023" }, { "chunk_id": "BNS_281", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 281: Rash driving or riding on a public way.]\n\n281. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public\nway in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to\nany other person, shall be punished with imprisonment of either description for a term which may extend\nto six months, or with fine which may extend to one thousand rupees, or with both.", "section_number": "281", "section_title": "Rash driving or riding on a public way", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 281, BNS 2023" }, { "chunk_id": "BNS_282", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 282: Rash navigation of vessel.]\n\n282. Rash navigation of vessel.—Whoever navigates any vessel in a manner so rash or negligent as\nto endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine which may\nextend to ten thousand rupees, or with both.", "section_number": "282", "section_title": "Rash navigation of vessel", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 282, BNS 2023" }, { "chunk_id": "BNS_283", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 283: Exhibition of false light, mark or buoy.]\n\n283. Exhibition of false light, mark or buoy.—Whoever exhibits any false light, mark or buoy,\nintending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished\nwith imprisonment of either description for a term which may extend to seven years, and with fine which\nshall not be less than ten thousand rupees.", "section_number": "283", "section_title": "Exhibition of false light, mark or buoy", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 283, BNS 2023" }, { "chunk_id": "BNS_284", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 284: Conveying person by water for hire in unsafe or overloaded vessel.]\n\n284. Conveying person by water for hire in unsafe or overloaded vessel.—Whoever knowingly or\nnegligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that\nvessel is in such a state or so loaded as to endanger the life of that person, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "284", "section_title": "Conveying person by water for hire in unsafe or overloaded vessel", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 284, BNS 2023" }, { "chunk_id": "BNS_285", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 285: Danger or obstruction in public way or line of navigation.]\n\n285. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or\nby omitting to take order with any property in his possession or under his charge, causes danger,\nobstruction or injury to any person in any public way or public line of navigation, shall be punished with\nfine which may extend to five thousand rupees.", "section_number": "285", "section_title": "Danger or obstruction in public way or line of navigation", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 285, BNS 2023" }, { "chunk_id": "BNS_286", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 286: Negligent conduct with respect to poisonous substance.]\n\n286. Negligent conduct with respect to poisonous substance.—Whoever does, with any poisonous\nsubstance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt\nor injury to any person or knowingly or negligently omits to take such order with any poisonous\nsubstance in his possession as is sufficient to guard against any probable danger to human life from such\npoisonous substance, shall be punished with imprisonment of either description for a term which may\nextend to six months, or with fine which may extend to five thousand rupees, or with both.", "section_number": "286", "section_title": "Negligent conduct with respect to poisonous substance", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 286, BNS 2023" }, { "chunk_id": "BNS_287", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 287: Negligent conduct with respect to fire or combustible matter.]\n\n287. Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or\nany combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to\ncause hurt or injury to any other person or knowingly or negligently omits to take such order with any fire\nor any combustible matter in his possession as is sufficient to guard against any probable danger to\nhuman life from such fire or combustible matter, shall be punished with imprisonment of either\ndescription for a term which may extend to six months, or with fine which may extend to two thousand\nrupees, or with both.", "section_number": "287", "section_title": "Negligent conduct with respect to fire or combustible matter", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 287, BNS 2023" }, { "chunk_id": "BNS_288", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 288: Negligent conduct with respect to explosive substance.]\n\n288. Negligent conduct with respect to explosive substance.—Whoever does, with any explosive\nsubstance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or\ninjury to any other person, or knowingly or negligently omits to take such order with any explosive\nsubstance in his possession as is sufficient to guard against any probable danger to human life from that\nsubstance, shall be punished with imprisonment of either description for a term which may extend to six\nmonths, or with fine which may extend to five thousand rupees, or with both.", "section_number": "288", "section_title": "Negligent conduct with respect to explosive substance", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 288, BNS 2023" }, { "chunk_id": "BNS_289", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 289: Negligent conduct with respect to machinery.]\n\n289. Negligent conduct with respect to machinery.—Whoever does, with any machinery, any act\nso rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other\nperson or knowingly or negligently omits to take such order with any machinery in his possession or\nunder his care as is sufficient to guard against any probable danger to human life from such machinery,\nshall be punished with imprisonment of either description for a term which may extend to six months, or\nwith fine which may extend to five thousand rupees, or with both.", "section_number": "289", "section_title": "Negligent conduct with respect to machinery", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 289, BNS 2023" }, { "chunk_id": "BNS_290", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 290: Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.]\n\n290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.—\nWhoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take\nsuch measures with that building as is sufficient to guard against any probable danger to human life from\nthe fall of that building, or of any part thereof, shall be punished with imprisonment of either description\nfor a term which may extend to six months, or with fine which may extend to five thousand rupees, or\nwith both.", "section_number": "290", "section_title": "Negligent conduct with respect to pulling down, repairing or constructing buildings, etc", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 290, BNS 2023" }, { "chunk_id": "BNS_291", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 291: Negligent conduct with respect to animal.]\n\n291. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take\nsuch measures with any animal in his possession as is sufficient to guard against any probable danger to\nhuman life, or any probable danger of grievous hurt from such animal, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "291", "section_title": "Negligent conduct with respect to animal", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 291, BNS 2023" }, { "chunk_id": "BNS_292", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 292: Punishment for public nuisance in cases not otherwise provided for.]\n\n292. Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a\npublic nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which\nmay extend to one thousand rupees.", "section_number": "292", "section_title": "Punishment for public nuisance in cases not otherwise provided for", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 292, BNS 2023" }, { "chunk_id": "BNS_293", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 293: Continuance of nuisance after injunction to discontinue.]\n\n293. Continuance of nuisance after injunction to discontinue.—Whoever repeats or continues a\npublic nuisance, having been enjoined by any public servant who has lawful authority to issue such\ninjunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term\nwhich may extend to six months, or with fine which may extend to five thousand rupees or with both.", "section_number": "293", "section_title": "Continuance of nuisance after injunction to discontinue", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 293, BNS 2023" }, { "chunk_id": "BNS_294", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 294: Sale, etc., of obscene books, etc.]\n\n294. Sale, etc., of obscene books, etc.—(1) For the purposes of sub-section (2), a book, pamphlet,\npaper, writing, drawing, painting, representation, figure or any other object, including display of any\ncontent in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient\ninterest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its\nitems, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard\nto all relevant circumstances, to read, see or hear the matter contained or embodied in it.\n(2) Whoever—\n(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for\npurposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his\npossession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any\nother obscene object whatsoever in whatever manner; or\n(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing\nor having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited\nor in any manner put into circulation; or\n(c) takes part in or receives profits from any business in the course of which he knows or has\nreason to believe that any such obscene objects are, for any of the purposes aforesaid, made\nproduced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put\ninto circulation; or\n(d) advertises or makes known by any means whatsoever that any person is engaged or is ready\nto engage in any act which is an offence under this section, or that any such obscene object can be\nprocured from or through any person; or\n(e) offers or attempts to do any act which is an offence under this section,\nshall be punished on first conviction with imprisonment of either description for a term which may\nextend to two years, and with fine which may extend to five thousand rupees, and, in the event of a\nsecond or subsequent conviction, with imprisonment of either description for a term which may extend to\nfive years, and also with fine which may extend to ten thousand rupees.\nException.—This section does not extend to—\n(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—\n(i) the publication of which is proved to be justified as being for the public good on the\nground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in\nthe interest of science, literature, art or learning or other objects of general concern; or\n(ii) which is kept or used bona fide for religious purposes;\n(b) any representation sculptured, engraved, painted or otherwise represented on or in—\n(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological\nSites and Remains Act, 1958 (24 of 1958); or\n(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any\nreligious purpose.", "section_number": "294", "section_title": "Sale, etc., of obscene books, etc", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 294, BNS 2023" }, { "chunk_id": "BNS_295", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 295: Sale, etc., of obscene objects to child.]\n\n295. Sale, etc., of obscene objects to child.—Whoever sells, lets to hire, distributes, exhibits or\ncirculates to any child any such obscene object as is referred to in section 294, or offers or attempts so to\n\ndo, shall be punished on first conviction with imprisonment of either description for a term which may\nextend to three years, and with fine which may extend to two thousand rupees, and, in the event of a\nsecond or subsequent conviction, with imprisonment of either description for a term which may extend to\nseven years, and also with fine which may extend to five thousand rupees.", "section_number": "295", "section_title": "Sale, etc., of obscene objects to child", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 295, BNS 2023" }, { "chunk_id": "BNS_296", "text": "[Context: This section is from BNS 2023, CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS. It covers Section 296: Obscene acts and songs.]\n\n296. Obscene acts and songs.—Whoever, to the annoyance of others,—\n(a) does any obscene act in any public place; or\n(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,\nshall be punished with imprisonment of either description for a term which may extend to three months,\nor with fine which may extend to one thousand rupees, or with both.", "section_number": "296", "section_title": "Obscene acts and songs", "chapter": "CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS", "act": "BNS 2023", "source_label": "Section 296, BNS 2023" }, { "chunk_id": "BNS_297", "text": "[Context: This section is from BNS 2023, CHAPTER XVI OF OFFENCES RELATING TO RELIGION. It covers Section 297: Keeping lottery office.]\n\n297. Keeping lottery office.—(1) Whoever keeps any office or place for the purpose of drawing any\nlottery not being a State lottery or a lottery authorised by the State Government, shall be punished with\nimprisonment of either description for a term which may extend to six months, or with fine, or with both.\n(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from\ndoing anything for the benefit of any person, on any event or contingency relative or applicable to the\ndrawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may\nextend to five thousand rupees.", "section_number": "297", "section_title": "Keeping lottery office", "chapter": "CHAPTER XVI OF OFFENCES RELATING TO RELIGION", "act": "BNS 2023", "source_label": "Section 297, BNS 2023" }, { "chunk_id": "BNS_298", "text": "[Context: This section is from BNS 2023, CHAPTER XVI OF OFFENCES RELATING TO RELIGION. It covers Section 298: Injuring or defiling place of worship with intent to insult religion of any class.]\n\n298. Injuring or defiling place of worship with intent to insult religion of any class.—Whoever\ndestroys, damages or defiles any place of worship, or any object held sacred by any class of persons with\nthe intention of thereby insulting the religion of any class of persons or with the knowledge that any class\nof persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall\nbe punished with imprisonment of either description for a term which may extend to two years, or with\nfine, or with both.", "section_number": "298", "section_title": "Injuring or defiling place of worship with intent to insult religion of any class", "chapter": "CHAPTER XVI OF OFFENCES RELATING TO RELIGION", "act": "BNS 2023", "source_label": "Section 298, BNS 2023" }, { "chunk_id": "BNS_299", "text": "[Context: This section is from BNS 2023, CHAPTER XVI OF OFFENCES RELATING TO RELIGION. It covers Section 299: Deliberate and malicious acts, intended to outrage religious feelings of any class by.]\n\n299. Deliberate and malicious acts, intended to outrage religious feelings of any class by\ninsulting its religion or religious beliefs.—Whoever, with deliberate and malicious intention of\noutraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by\nsigns or by visible representations or through electronic means or otherwise, insults or attempts to insult\nthe religion or the religious beliefs of that class, shall be punished with imprisonment of either description\nfor a term which may extend to three years, or with fine, or with both.", "section_number": "299", "section_title": "Deliberate and malicious acts, intended to outrage religious feelings of any class by", "chapter": "CHAPTER XVI OF OFFENCES RELATING TO RELIGION", "act": "BNS 2023", "source_label": "Section 299, BNS 2023" }, { "chunk_id": "BNS_300", "text": "[Context: This section is from BNS 2023, CHAPTER XVI OF OFFENCES RELATING TO RELIGION. It covers Section 300: Disturbing religious assembly.]\n\n300. Disturbing religious assembly.—Whoever voluntarily causes disturbance to any assembly\nlawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with\nimprisonment of either description for a term which may extend to one year, or with fine, or with both.", "section_number": "300", "section_title": "Disturbing religious assembly", "chapter": "CHAPTER XVI OF OFFENCES RELATING TO RELIGION", "act": "BNS 2023", "source_label": "Section 300, BNS 2023" }, { "chunk_id": "BNS_301", "text": "[Context: This section is from BNS 2023, CHAPTER XVI OF OFFENCES RELATING TO RELIGION. It covers Section 301: Trespassing on burial places, etc.]\n\n301. Trespassing on burial places, etc.—Whoever, with the intention of wounding the feelings of\nany person, or of insulting the religion of any person, or with the knowledge that the feelings of any\nperson are likely to be wounded, or that the religion of any person is likely to be insulted thereby,\ncommits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the\nperformance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any\nhuman corpse, or causes disturbance to any persons assembled for the performance of funeral\nceremonies, shall be punished with imprisonment of either description for a term which may extend to\none year, or with fine, or with both.", "section_number": "301", "section_title": "Trespassing on burial places, etc", "chapter": "CHAPTER XVI OF OFFENCES RELATING TO RELIGION", "act": "BNS 2023", "source_label": "Section 301, BNS 2023" }, { "chunk_id": "BNS_302", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 302: Uttering words, etc., with deliberate intent to wound religious feelings of any person.]\n\n302. Uttering words, etc., with deliberate intent to wound religious feelings of any person.—\nWhoever, with the deliberate intention of wounding the religious feelings of any person, utters any word\nor makes any sound in the hearing of that person or makes any gesture in the sight of that person or\nplaces any object in the sight of that person, shall be punished with imprisonment of either description for\na term which may extend to one year, or with fine, or with both.\n\nOf theft", "section_number": "302", "section_title": "Uttering words, etc., with deliberate intent to wound religious feelings of any person", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 302, BNS 2023" }, { "chunk_id": "BNS_303", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 303: Theft.]\n\n303. Theft.—(1) Whoever, intending to take dishonestly any movable property out of the possession\nof any person without that person’s consent, moves that property in order to such taking, is said to\ncommit theft.\nExplanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the\nsubject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the\nearth.\nExplanation 2.—A moving effected by the same act which affects the severance may be a theft.\nExplanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented\nit from moving or by separating it from any other thing, as well as by actually moving it.\nExplanation 4.—A person, who by any means causes an animal to move, is said to move that animal,\nand to move everything which, in consequence of the motion so caused, is moved by that animal.\nExplanation 5.—The consent mentioned in this section may be express or implied, and may be given\neither by the person in possession, or by any person having for that purpose authority either express or\nimplied.\nIllustrations.\n(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s\npossession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has\ncommitted theft.\n(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention\nbe dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon\nas Z’s dog has begun to follow A.\n(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order\nthat he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft\nof the treasure.\n(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the\nplate, without Z’s consent. A has committed theft.\n(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A\ncarries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore\nbe taken out of Z’s possession, and A has not committed theft, though he may have committed criminal\nbreach of trust.\n(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s\npossession, and if A dishonestly removes it, A commits theft.\n(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits\nno theft, though he may commit criminal misappropriation of property.\n(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the\nring immediately for fear of search and detection, A hides the ring in a place where it is highly\nimprobable that it will ever be found by Z, with the intention of taking the ring from the hiding place and\nselling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.\n(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the\njeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop\nopenly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have\ncommitted criminal trespass and assault, has not committed theft, in as much as what he did was not done\ndishonestly.\n\n(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for\nthe debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as\na security for his debt, he commits theft, in as much as he takes it dishonestly.\n(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not\nhaving paid what he borrowed on the watch, he commits theft, though the watch is his own property in as\nmuch as he takes it dishonestly.\n(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of\nkeeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has\ntherefore committed theft.\n(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book\nwithout Z’s express consent for the purpose merely of reading it, and with the intention of returning it.\nHere, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this\nwas A’s impression, A has not committed theft.\n(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to\nZ her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If\nthis was A’s impression, A has not committed theft.\n(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her\nhusband Z, and to be such property as she has no authority from Z to give. If A takes the property\ndishonestly, he commits theft.\n(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out\nof Z’s possession. Here, as A does not take dishonestly, he does not commit theft.\n(2) Whoever commits theft shall be punished with imprisonment of either description for a term\nwhich may extend to three years, or with fine, or with both and in case of second or subsequent\nconviction of any person under this section, he shall be punished with rigorous imprisonment for a term\nwhich shall not be less than one year but which may extend to five years and with fine:\nProvided that in cases of theft where the value of the stolen property is less than five thousand rupees,\nand a person is convicted for the first time, shall upon return of the value of property or restoration of the\nstolen property, shall be punished with community service.", "section_number": "303", "section_title": "Theft", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 303, BNS 2023" }, { "chunk_id": "BNS_304", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 304: Snatching.]\n\n304. Snatching.—(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly\nor forcibly seizes or secures or grabs or takes away from any person or from his possession any movable\nproperty.\n(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term\nwhich may extend to three years, and shall also be liable to fine.", "section_number": "304", "section_title": "Snatching", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 304, BNS 2023" }, { "chunk_id": "BNS_305", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 305: Theft in a dwelling house, or means of transportation or place of worship, etc.]\n\n305. Theft in a dwelling house, or means of transportation or place of worship, etc.—Whoever\ncommits theft—\n(a) in any building, tent or vessel used as a human dwelling or used for the custody of property;\nor\n(b) of any means of transport used for the transport of goods or passengers; or\n(c) of any article or goods from any means of transport used for the transport of goods or\npassengers; or\n(d) of idol or icon in any place of worship; or\n(e) of any property of the Government or of a local authority,\nshall be punished with imprisonment of either description for a term which may extend to seven years,\nand shall also be liable to fine.", "section_number": "305", "section_title": "Theft in a dwelling house, or means of transportation or place of worship, etc", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 305, BNS 2023" }, { "chunk_id": "BNS_306", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 306: Theft by clerk or servant of property in possession of master.]\n\n306. Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or\nservant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property\n\nin the possession of his master or employer, shall be punished with imprisonment of either description for\na term which may extend to seven years, and shall also be liable to fine.", "section_number": "306", "section_title": "Theft by clerk or servant of property in possession of master", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 306, BNS 2023" }, { "chunk_id": "BNS_307", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 307: Theft after preparation made for causing death, hurt or restraint in order to committing.]\n\n307. Theft after preparation made for causing death, hurt or restraint in order to committing\nof theft.—Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or\nfear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order\nto the effecting of his escape after the committing of such theft, or in order to the retaining of property\ntaken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten\nyears, and shall also be liable to fine.\nIllustrations.\n(a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded\npistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist.\nA has committed the offence defined in this section.\n(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may\nrestrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A\nhas committed the offence defined in this section.\nOf extortion", "section_number": "307", "section_title": "Theft after preparation made for causing death, hurt or restraint in order to committing", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 307, BNS 2023" }, { "chunk_id": "BNS_308", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 308: Extortion.]\n\n308. Extortion.—(1) Whoever intentionally puts any person in fear of any injury to that person, or to\nany other, and thereby dishonestly induces the person so put in fear to deliver to any person any property,\nor valuable security or anything signed or sealed which may be converted into a valuable security,\ncommits extortion.\nIllustrations.\n(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus\ninduces Z to give him money. A has committed extortion.\n(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver\nto A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has\ncommitted extortion.\n(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond\nbinding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the\nbond. A has committed extortion.\n(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank\npaper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be\nconverted into a valuable security. A has committed extortion.\n(e) A threatens Z by sending a message through an electronic device that “Your child is in my\npossession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him\nmoney. A has committed extortion.\n(2) Whoever commits extortion shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, or with fine, or with both.\n(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any\nperson in fear, of any injury, shall be punished with imprisonment of either description for a term which\nmay extend to two years, or with fine, or with both.\n(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of\ndeath or of grievous hurt to that person or to any other, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n(5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that\nperson or to any other, shall be punished with imprisonment of either description for a term which may\nextend to ten years, and shall also be liable to fine.\n\n(6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an\naccusation, against that person or any other, of having committed, or attempted to commit, an offence\npunishable with death or with imprisonment for life, or with imprisonment for a term which may extend\nto ten years, shall be punished with imprisonment of either description for a term which may extend to\nten years, and shall also be liable to fine.\n(7) Whoever commits extortion by putting any person in fear of an accusation against that person or\nany other, of having committed or attempted to commit any offence punishable with death, or with\nimprisonment for life, or with imprisonment for a term which may extend to ten years, or of having\nattempted to induce any other person to commit such offence, shall be punished with imprisonment of\neither description for a term which may extend to ten years, and shall also be liable to fine.\nOf robbery and dacoity", "section_number": "308", "section_title": "Extortion", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 308, BNS 2023" }, { "chunk_id": "BNS_309", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 309: Robbery.]\n\n309. Robbery.—(1) In all robbery there is either theft or extortion.\n(2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in\ncarrying away or attempting to carry away property obtained by the theft, the offender, for that end\nvoluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant\ndeath or of instant hurt, or of instant wrongful restraint.\n(3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of\nthe person put in fear, and commits the extortion by putting that person in fear of instant death, of instant\nhurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear,\ninduces the person so put in fear then and there to deliver up the thing extorted.\nExplanation.—The offender is said to be present if he is sufficiently near to put the other person in\nfear of instant death, of instant hurt, or of instant wrongful restraint.\nIllustrations.\n(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s\nconsent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused\nwrongful restraint to Z. A has therefore committed robbery.\n(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders\nhis purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the\ntime of committing the extortion in his presence. A has therefore committed robbery.\n(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a\nprecipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the\npurse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore\ncommitted robbery on Z.\n(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to\ndeath unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not\nrobbery, unless Z is put in fear of the instant death of his child.\n(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may\nextend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway\nbetween sunset and sunrise, the imprisonment may be extended to fourteen years.\n(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term\nwhich may extend to seven years, and shall also be liable to fine.\n(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such\nperson, and any other person jointly concerned in committing or attempting to commit such robbery, shall\nbe punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to\nten years, and shall also be liable to fine.", "section_number": "309", "section_title": "Robbery", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 309, BNS 2023" }, { "chunk_id": "BNS_310", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 310: Dacoity.]\n\n310. Dacoity.—(1) When five or more persons conjointly commit or attempt to commit a robbery, or\nwhere the whole number of persons conjointly committing or attempting to commit a robbery, and\n\npersons present and aiding such commission or attempt, amount to five or more, every person so\ncommitting, attempting or aiding, is said to commit dacoity.\n(2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous\nimprisonment for a term which may extend to ten years, and shall also be liable to fine.\n(3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so\ncommitting dacoity, every one of those persons shall be punished with death, or imprisonment for life, or\nrigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.\n(4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous\nimprisonment for a term which may extend to ten years, and shall also be liable to fine.\n(5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be\npunished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable\nto fine.\n(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing\ndacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which\nmay extend to ten years, and shall also be liable to fine.", "section_number": "310", "section_title": "Dacoity", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 310, BNS 2023" }, { "chunk_id": "BNS_311", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 311: Robbery, or dacoity, with attempt to cause death or grievous hurt.]\n\n311. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of\ncommitting robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any\nperson, or attempts to cause death or grievous hurt to any person, the imprisonment with which such\noffender shall be punished shall not be less than seven years.", "section_number": "311", "section_title": "Robbery, or dacoity, with attempt to cause death or grievous hurt", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 311, BNS 2023" }, { "chunk_id": "BNS_312", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 312: Attempt to commit robbery or dacoity when armed with deadly weapon.]\n\n312. Attempt to commit robbery or dacoity when armed with deadly weapon.—If, at the time of\nattempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the\nimprisonment with which such offender shall be punished shall not be less than seven years.", "section_number": "312", "section_title": "Attempt to commit robbery or dacoity when armed with deadly weapon", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 312, BNS 2023" }, { "chunk_id": "BNS_313", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 313: Punishment for belonging to gang of robbers, etc.]\n\n313. Punishment for belonging to gang of robbers, etc.—Whoever belongs to any gang of persons\nassociated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished\nwith rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.\nOf criminal misappropriation of property", "section_number": "313", "section_title": "Punishment for belonging to gang of robbers, etc", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 313, BNS 2023" }, { "chunk_id": "BNS_314", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 314: Dishonest misappropriation of property.]\n\n314. Dishonest misappropriation of property.—Whoever dishonestly misappropriates or converts\nto his own use any movable property, shall be punished with imprisonment of either description for a\nterm which shall not be less than six months but which may extend to two years and with fine.\nIllustrations.\n(a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he\ntakes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his\nmistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this\nsection.\n(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book\nwithout Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take\nthe book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for\nhis own benefit, he is guilty of an offence under this section.\n(c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession, intending to use\nit. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the\nhorse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section.\nExplanation 1.—A dishonest misappropriation for a time only is a misappropriation within the\nmeaning of this section.\n\nIllustration.\nA finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that\nthe note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore\nit to Z. A has committed an offence under this section.\nExplanation 2.—A person who finds property not in the possession of any other person, and takes\nsuch property for the purpose of protecting it for, or of restoring it to, the owner, does not take or\nmisappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above\ndefined, if he appropriates it to his own use, when he knows or has the means of discovering the owner,\nor before he has used reasonable means to discover and give notice to the owner and has kept the\nproperty a reasonable time to enable the owner to claim it.\nWhat are reasonable means or what is a reasonable time in such a case, is a question of fact.\nIt is not necessary that the finder should know who is the owner of the property, or that any particular\nperson is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his\nown property, or in good faith believe that the real owner cannot be found.\nIllustrations.\n(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee.\nHere A has not committed the offence defined in this section.\n(b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter\nhe learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this\nsection.\n(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the\ncheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can\ndirect him to the person in whose favour the cheque was drawn. A appropriates the cheque without\nattempting to discover the owner. He is guilty of an offence under this section.\n(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it\nto Z, but afterwards appropriates it to his own use. A has committed an offence under this section.\n(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it\nbelongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.\n(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without\nattempting to discover the owner. A is guilty of an offence under this section.", "section_number": "314", "section_title": "Dishonest misappropriation of property", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 314, BNS 2023" }, { "chunk_id": "BNS_315", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 315: Dishonest misappropriation of property possessed by deceased person at the time of his.]\n\n315. Dishonest misappropriation of property possessed by deceased person at the time of his\ndeath.—Whoever dishonestly misappropriates or converts to his own use any property, knowing that\nsuch property was in the possession of a deceased person at the time of that person’s decease, and has not\nsince been in the possession of any person legally entitled to such possession, shall be punished with\nimprisonment of either description for a term which may extend to three years, and shall also be liable to\nfine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant,\nthe imprisonment may extend to seven years.\nIllustration.\nZ dies in possession of furniture and money. His servant A, before the money comes into the\npossession of any person entitled to such possession, dishonestly misappropriates it. A has committed the\noffence defined in this section.", "section_number": "315", "section_title": "Dishonest misappropriation of property possessed by deceased person at the time of his", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 315, BNS 2023" }, { "chunk_id": "BNS_316", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 316: Criminal breach of trust.]\n\n316. Criminal breach of trust.—(1) Whoever, being in any manner entrusted with property, or with\nany dominion over property, dishonestly misappropriates or converts to his own use that property, or\ndishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in\nwhich such trust is to be discharged, or of any legal contract, express or implied, which he has made\ntouching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal\nbreach of trust.\n\nExplanation 1.—A person, being an employer of an establishment whether exempted under\nsection 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or\nnot who deducts the employee’s contribution from the wages payable to the employee for credit to a\nProvident Fund or Family Pension Fund established by any law for the time being in force, shall be\ndeemed to have been entrusted with the amount of the contribution so deducted by him and if he makes\ndefault in the payment of such contribution to the said Fund in violation of the said law, shall be deemed\nto have dishonestly used the amount of the said contribution in violation of a direction of law as\naforesaid.\nExplanation 2.—A person, being an employer, who deducts the employees’ contribution from the\nwages payable to the employee for credit to the Employees’ State Insurance Fund held and administered\nby the Employees’ State Insurance Corporation established under the Employees’ State Insurance\nAct, 1948 (34 of 1948) shall be deemed to have been entrusted with the amount of the contribution so\ndeducted by him and if he makes default in the payment of such contribution to the said Fund in violation\nof the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation\nof a direction of law as aforesaid.\nIllustrations.\n(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs\nhim to divide the effects according to the will, and appropriates them to his own use. A has committed\ncriminal breach of trust.\n(b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a contract that it\nshall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A\nhas committed criminal breach of trust.\n(c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied contract\nbetween A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z\nremits one lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly\ndisobeys the directions and employs the money in his own business. A has committed criminal breach of\ntrust.\n(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Z’s\nadvantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of\nBengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be\nentitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has\nnot committed criminal breach of trust.\n(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a\ncontract, express or implied, with the Government, to pay into a certain treasury all the public money\nwhich he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.\n(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly\nmisappropriates the property. A has committed criminal breach of trust.\n(2) Whoever commits criminal breach of trust shall be punished with imprisonment of either\ndescription for a term which may extend to five years, or with fine, or with both.\n(3) Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits\ncriminal breach of trust in respect of such property, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner\nentrusted in such capacity with property, or with any dominion over property, commits criminal breach of\ntrust in respect of that property, shall be punished with imprisonment of either description for a term\nwhich may extend to seven years, and shall also be liable to fine.\n(5) Whoever, being in any manner entrusted with property, or with any dominion over property in his\ncapacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or\nagent commits criminal breach of trust in respect of that property, shall be punished with imprisonment\n\nfor life, or with imprisonment of either description for a term which may extend to ten years, and shall\nalso be liable to fine.\nOf receiving stolen property", "section_number": "316", "section_title": "Criminal breach of trust", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 316, BNS 2023" }, { "chunk_id": "BNS_317", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 317: Stolen property.]\n\n317. Stolen property.—(1) Property, the possession whereof has been transferred by theft or\nextortion or robbery or cheating, and property which has been criminally misappropriated or in respect of\nwhich criminal breach of trust has been committed, is designated as stolen property, whether the transfer\nhas been made, or the misappropriation or breach of trust has been committed, within or without India,\nbut, if such property subsequently comes into the possession of a person legally entitled to the possession\nthereof, it then ceases to be stolen property.\n(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe\nthe same to be stolen property, shall be punished with imprisonment of either description for a term\nwhich may extend to three years, or with fine, or with both.\n(3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or\nhas reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from\na person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits,\nproperty which he knows or has reason to believe to have been stolen, shall be punished with\nimprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall\nalso be liable to fine.\n(4) Whoever habitually receives or deals in property which he knows or has reason to believe to be\nstolen property, shall be punished with imprisonment for life, or with imprisonment of either description\nfor a term which may extend to ten years, and shall also be liable to fine.\n(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he\nknows or has reason to believe to be stolen property, shall be punished with imprisonment of either\ndescription for a term which may extend to three years, or with fine, or with both.\nOf cheating", "section_number": "317", "section_title": "Stolen property", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 317, BNS 2023" }, { "chunk_id": "BNS_318", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 318: Cheating.]\n\n318. Cheating.—(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the\nperson so deceived to deliver any property to any person, or to consent that any person shall retain any\nproperty, or intentionally induces the person so deceived to do or omit to do anything which he would not\ndo or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or\nharm to that person in body, mind, reputation or property, is said to cheat.\nExplanation.—A dishonest concealment of facts is a deception within the meaning of this section.\nIllustrations.\n(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly\ninduces Z to let him have on credit goods for which he does not mean to pay. A cheats.\n(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this\narticle was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for\nthe article. A cheats.\n(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the\narticle corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A\ncheats.\n(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by\nwhich A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly\ninduces Z to deliver the article, intending not to pay for it. A cheats.\n(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z,\nand thereby dishonestly induces Z to lend money. A cheats.\n(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him\nand thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.\n\n(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo\nplant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the\nfaith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo\nplant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a\ncivil action for breach of contract.\n(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z,\nwhich he has not performed, and thereby dishonestly induces Z to pay money. A cheats.\n(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to\nthe property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and\nconveyance to B, and receives the purchase or mortgage money from Z. A cheats.\n(2) Whoever cheats shall be punished with imprisonment of either description for a term which may\nextend to three years, or with fine, or with both.\n(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person\nwhose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal\ncontract, to protect, shall be punished with imprisonment of either description for a term which may\nextend to five years, or with fine, or with both.\n(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to\nany person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is\nsigned or sealed, and which is capable of being converted into a valuable security, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also be liable to\nfine.", "section_number": "318", "section_title": "Cheating", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 318, BNS 2023" }, { "chunk_id": "BNS_319", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 319: Cheating by personation.]\n\n319. Cheating by personation.—(1) A person is said to cheat by personation if he cheats by\npretending to be some other person, or by knowingly substituting one person for or another, or\nrepresenting that he or any other person is a person other than he or such other person really is.\nExplanation.—The offence is committed whether the individual personated is a real or imaginary\nperson.\nIllustrations.\n(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.\n(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.\n(2) Whoever cheats by personation shall be punished with imprisonment of either description for a\nterm which may extend to five years, or with fine, or with both.\nOf fraudulent deeds and dispositions of property", "section_number": "319", "section_title": "Cheating by personation", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 319, BNS 2023" }, { "chunk_id": "BNS_320", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 320: Dishonest or fraudulent removal or concealment of property to prevent distribution.]\n\n320. Dishonest or fraudulent removal or concealment of property to prevent distribution\namong creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or\ntransfers or causes to be transferred to any person, without adequate consideration, any property,\nintending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of\nthat property according to law among his creditors or the creditors of any other person, shall be punished\nwith imprisonment of either description for a term which shall not be less than six months but which may\nextend to two years, or with fine, or with both.", "section_number": "320", "section_title": "Dishonest or fraudulent removal or concealment of property to prevent distribution", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 320, BNS 2023" }, { "chunk_id": "BNS_321", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 321: Dishonestly or fraudulently preventing debt being available for creditors.]\n\n321. Dishonestly or fraudulently preventing debt being available for creditors.—Whoever\ndishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being\nmade available according to law for payment of his debts or the debts of such other person, shall be\npunished with imprisonment of either description for a term which may extend to two years, or with fine,\nor with both.", "section_number": "321", "section_title": "Dishonestly or fraudulently preventing debt being available for creditors", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 321, BNS 2023" }, { "chunk_id": "BNS_322", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 322: Dishonest or fraudulent execution of deed of transfer containing false statement of.]\n\n322. Dishonest or fraudulent execution of deed of transfer containing false statement of\nconsideration.—Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or\ninstrument which purports to transfer or subject to any charge any property, or any interest therein, and\nwhich contains any false statement relating to the consideration for such transfer or charge, or relating to\n\nthe person or persons for whose use or benefit it is really intended to operate, shall be punished with\nimprisonment of either description for a term which may extend to three years, or with fine, or with both.", "section_number": "322", "section_title": "Dishonest or fraudulent execution of deed of transfer containing false statement of", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 322, BNS 2023" }, { "chunk_id": "BNS_323", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 323: Dishonest or fraudulent removal or concealment of property.]\n\n323. Dishonest or fraudulent removal or concealment of property.—Whoever dishonestly or\nfraudulently conceals or removes any property of himself or any other person, or dishonestly or\nfraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim\nto which he is entitled, shall be punished with imprisonment of either description for a term which may\nextend to three years, or with fine, or with both.\nOf mischief", "section_number": "323", "section_title": "Dishonest or fraudulent removal or concealment of property", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 323, BNS 2023" }, { "chunk_id": "BNS_324", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 324: Mischief.]\n\n324. Mischief.—(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful\nloss or damage to the public or to any person, causes the destruction of any property, or any such change\nin any property or in the situation thereof as destroys or diminishes its value or utility, or affects it\ninjuriously, commits mischief.\nExplanation 1.—It is not essential to the offence of mischief that the offender should intend to cause\nloss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or\nknows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether\nit belongs to that person or not.\nExplanation 2.—Mischief may be committed by an act affecting property belonging to the person\nwho commits the act, or to that person and others jointly.\nIllustrations.\n(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A\nhas committed mischief.\n(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending\nwrongful loss to Z. A has committed mischief.\n(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing\nwrongful loss to Z. A has committed mischief.\n(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from\nhim to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of\nthe debt, and of thus causing damage to Z. A has committed mischief.\n(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing\ndamage to the underwriters. A has committed mischief.\n(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on\nbottomry on the ship. A has committed mischief.\n(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful\nloss to Z. A has committed mischief.\n(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is\nlikely to cause damage to Z’s crop. A has committed mischief.\n(2) Whoever commits mischief shall be punished with imprisonment of either description for a term\nwhich may extend to six months, or with fine, or with both.\n(3) Whoever commits mischief and thereby causes loss or damage to any property including the\nproperty of Government or Local Authority shall be punished with imprisonment of either description for\na term which may extend to one year, or with fine, or with both.\n(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand\nrupees and more but less than one lakh rupees shall be punished with imprisonment of either description\nfor a term which may extend to two years, or with fine, or with both.\n\n(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees\nor upwards, shall be punished with imprisonment of either description for a term which may extend to\nfive years, or with fine, or with both.\n(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or\nwrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with\nimprisonment of either description for a term which may extend to five years, and shall also be liable to\nfine.", "section_number": "324", "section_title": "Mischief", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 324, BNS 2023" }, { "chunk_id": "BNS_325", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 325: Mischief by killing or maiming animal.]\n\n325. Mischief by killing or maiming animal.—Whoever commits mischief by killing, poisoning,\nmaiming or rendering useless any animal shall be punished with imprisonment of either description for a\nterm which may extend to five years, or with fine, or with both.", "section_number": "325", "section_title": "Mischief by killing or maiming animal", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 325, BNS 2023" }, { "chunk_id": "BNS_326", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 326: Mischief by injury, inundation, fire or explosive substance, etc.]\n\n326. Mischief by injury, inundation, fire or explosive substance, etc.—Whoever commits\nmischief by,—\n(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the\nsupply of water for agricultural purposes, or for food or drink for human beings or for animals which\nare property, or for cleanliness or for carrying on any manufacture, shall be punished with\nimprisonment of either description for a term which may extend to five years, or with fine, or with\nboth;\n(b) doing any act which renders or which he knows to be likely to render any public road, bridge,\nnavigable river or navigable channel, natural or artificial, impassable or less safe for travelling or\nconveying property, shall be punished with imprisonment of either description for a term which may\nextend to five years, or with fine, or with both;\n(c) doing any act which causes or which he knows to be likely to cause an inundation or an\nobstruction to any public drainage attended with injury or damage, shall be punished with\nimprisonment of either description for a term which may extend to five years, or with fine, or with\nboth;\n(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other\nthing placed as a guide for navigators, or by any act which renders any such sign or signal less useful\nas a guide for navigators, shall be punished with imprisonment of either description for a term which\nmay extend to seven years, or with fine, or with both;\n(e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act\nwhich renders such land-mark less useful as such, shall be punished with imprisonment of either\ndescription for a term which may extend to one year, or with fine, or with both;\n(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will\nthereby cause, damage to any property including agricultural produce, shall be punished with\nimprisonment of either description for a term which may extend to seven years, and shall also be\nliable to fine;\n(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will\nthereby cause, the destruction of any building which is ordinarily used as a place of worship or as a\nhuman dwelling or as a place for the custody of property, shall be punished with imprisonment for\nlife, or with imprisonment of either description for a term which may extend to ten years, and shall\nalso be liable to fine.", "section_number": "326", "section_title": "Mischief by injury, inundation, fire or explosive substance, etc", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 326, BNS 2023" }, { "chunk_id": "BNS_327", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 327: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of.]\n\n327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of\ntwenty tons burden.—(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any\nvessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be\nlikely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with\nimprisonment of either description for a term which may extend to ten years, and shall also be liable to\nfine.\n\n(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is\ndescribed in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.", "section_number": "327", "section_title": "Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 327, BNS 2023" }, { "chunk_id": "BNS_328", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 328: Punishment for intentionally running vessel aground or ashore with intent to commit.]\n\n328. Punishment for intentionally running vessel aground or ashore with intent to commit\ntheft, etc.—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any\nproperty contained therein or to dishonestly misappropriate any such property, or with intent that such\ntheft or misappropriation of property may be committed, shall be punished with imprisonment of either\ndescription for a term which may extend to ten years, and shall also be liable to fine.\nOf criminal trespass", "section_number": "328", "section_title": "Punishment for intentionally running vessel aground or ashore with intent to commit", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 328, BNS 2023" }, { "chunk_id": "BNS_329", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 329: Criminal trespass and house-trespass.]\n\n329. Criminal trespass and house-trespass.—(1) Whoever enters into or upon property in the\npossession of another with intent to commit an offence or to intimidate, insult or annoy any person in\npossession of such property or having lawfully entered into or upon such property, unlawfully remains\nthere with intent thereby to intimidate, insult or annoy any such person or with intent to commit an\noffence is said to commit criminal trespass.\n(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel\nused as a human dwelling or any building used as a place for worship, or as a place for the custody of\nproperty, is said to commit house-trespass.\nExplanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to\nconstitute house-trespass.\n(3) Whoever commits criminal trespass shall be punished with imprisonment of either description for\na term which may extend to three months, or with fine which may extend to five thousand rupees, or with\nboth.\n(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a\nterm which may extend to one year, or with fine which may extend to five thousand rupees, or with both.", "section_number": "329", "section_title": "Criminal trespass and house-trespass", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 329, BNS 2023" }, { "chunk_id": "BNS_330", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 330: House-trespass and house-breaking.]\n\n330. House-trespass and house-breaking.—(1) Whoever commits house-trespass having taken\nprecautions to conceal such house-trespass from some person who has a right to exclude or eject the\ntrespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking\nhouse-trespass.\n(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance\ninto the house or any part of it in any of the six ways hereinafter described; or if, being in the house or\nany part of it for the purpose of committing an offence, or having committed an offence therein, he quits\nthe house or any part of it in any of the following ways, namely:—\n(a) if he enters or quits through a passage made by himself, or by any abettor of the house-\ntrespass, in order to the committing of the house-trespass;\n(b) if he enters or quits through any passage not intended by any person, other than himself or an\nabettor of the offence, for human entrance; or through any passage to which he has obtained access\nby scaling or climbing over any wall or building;\n(c) if he enters or quits through any passage which he or any abettor of the house-trespass has\nopened, in order to the committing of the house-trespass by any means by which that passage was not\nintended by the occupier of the house to be opened;\n(d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or\nin order to the quitting of the house after a house-trespass;\n(e) if he effects his entrance or departure by using criminal force or committing an assault, or by\nthreatening any person with assault;\n(f) if he enters or quits by any passage which he knows to have been fastened against such\nentrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.\n\nExplanation.—Any out-house or building occupied with a house, and between which and such house\nthere is an immediate internal communication, is part of the house within the meaning of this section.\nIllustrations.\n(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand\nthrough the aperture. This is house-breaking.\n(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is\nhouse-breaking.\n(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.\n(d) A commits house-trespass by entering Z’s house through the door, having opened a door which\nwas fastened. This is house-breaking.\n(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting\na wire through a hole in the door. This is house-breaking.\n(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s\nhouse, having opened the door with that key. This is house-breaking.\n(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-\ntrespass by entering the house. This is house-breaking.\n(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the\nhouse, having deterred Z from opposing him by threatening to beat him. This is house-breaking.", "section_number": "330", "section_title": "House-trespass and house-breaking", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 330, BNS 2023" }, { "chunk_id": "BNS_331", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 331: Punishment for house-trespass or house-breaking.]\n\n331. Punishment for house-trespass or house-breaking.—(1) Whoever commits lurking house-\ntrespass or house-breaking, shall be punished with imprisonment of either description for a term which\nmay extend to two years, and shall also be liable to fine.\n(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall\nbe punished with imprisonment of either description for a term which may extend to three years, and\nshall also be liable to fine.\n(3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any\noffence punishable with imprisonment, shall be punished with imprisonment of either description for a\nterm which may extend to three years, and shall also be liable to fine; and if the offence intended to be\ncommitted is theft, the term of the imprisonment may be extended to ten years.\n(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in\norder to the committing of any offence punishable with imprisonment, shall be punished with\nimprisonment of either description for a term which may extend to five years, and shall also be liable to\nfine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended\nto fourteen years.\n(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for\ncausing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for\nputting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with\nimprisonment of either description or a term which may extend to ten years, and shall also be liable to\nfine.\n(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise,\nhaving made preparation for causing hurt to any person or for assaulting any person, or for wrongfully\nrestraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint,\nshall be punished with imprisonment of either description for a term which may extend to fourteen years,\nand shall also be liable to fine.\n(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to\nany person or attempts to cause death or grievous hurt to any person, shall be punished with\nimprisonment for life, or imprisonment of either description for a term which may extend to ten years,\nand shall also be liable to fine.\n\n(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and\nbefore sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or\ngrievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or\nhouse-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with\nimprisonment of either description for a term which may extend to ten years, and shall also be liable to\nfine.", "section_number": "331", "section_title": "Punishment for house-trespass or house-breaking", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 331, BNS 2023" }, { "chunk_id": "BNS_332", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 332: House-trespass in order to commit offence.]\n\n332. House-trespass in order to commit offence.—Whoever commits house-trespass in order to the\ncommitting of any offence—\n(a) punishable with death, shall be punished with imprisonment for life, or with rigorous\nimprisonment for a term not exceeding ten years, and shall also be liable to fine;\n(b) punishable with imprisonment for life, shall be punished with imprisonment of either\ndescription for a term not exceeding ten years, and shall also be liable to fine;\n(c) punishable with imprisonment, shall be punished with imprisonment of either description for\na term which may extend to two years, and shall also be liable to fine:\nProvided that if the offence intended to be committed is theft, the term of the imprisonment may be\nextended to seven years.", "section_number": "332", "section_title": "House-trespass in order to commit offence", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 332, BNS 2023" }, { "chunk_id": "BNS_333", "text": "[Context: This section is from BNS 2023, CHAPTER XVII OF OFFENCES AGAINST PROPERTY. It covers Section 333: House-trespass after preparation for hurt, assault or wrongful restraint.]\n\n333. House-trespass after preparation for hurt, assault or wrongful restraint.—Whoever\ncommits house-trespass, having made preparation for causing hurt to any person or for assaulting any\nperson, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or\nof wrongful restraint, shall be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine.", "section_number": "333", "section_title": "House-trespass after preparation for hurt, assault or wrongful restraint", "chapter": "CHAPTER XVII OF OFFENCES AGAINST PROPERTY", "act": "BNS 2023", "source_label": "Section 333, BNS 2023" }, { "chunk_id": "BNS_334", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 334: Dishonestly breaking open receptacle containing property.]\n\n334. Dishonestly breaking open receptacle containing property.—(1) Whoever dishonestly or\nwith intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which\nhe believes to contain property, shall be punished with imprisonment of either description for a term\nwhich may extend to two years, or with fine, or with both.\n(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to\ncontain property, without having authority to open the same, dishonestly, or with intent to commit\nmischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either\ndescription for a term which may extend to three years, or with fine, or with both.", "section_number": "334", "section_title": "Dishonestly breaking open receptacle containing property", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 334, BNS 2023" }, { "chunk_id": "BNS_335", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 335: Making a false document.]\n\n335. Making a false document.—A person is said to make a false document or false electronic\nrecord—\n(A) Who dishonestly or fraudulently—\n(i) makes, signs, seals or executes a document or part of a document;\n(ii) makes or transmits any electronic record or part of any electronic record;\n(iii) affixes any electronic signature on any electronic record;\n(iv) makes any mark denoting the execution of a document or the authenticity of the\nelectronic signature,\nwith the intention of causing it to be believed that such document or part of document, electronic\nrecord or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the\nauthority of a person by whom or by whose authority he knows that it was not made, signed, sealed,\nexecuted or affixed; or\n(B) Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise,\nalters a document or an electronic record in any material part thereof, after it has been made, executed\n\nor affixed with electronic signature either by himself or by any other person, whether such person be\nliving or dead at the time of such alteration; or\n(C) Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document\nor an electronic record or to affix his electronic signature on any electronic record knowing that such\nperson by reason of unsoundness of mind or intoxication cannot, or that by reason of deception\npractised upon him, he does not know the contents of the document or electronic record or the nature\nof the alteration.\nIllustrations.\n(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds\ncipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote\nthe letter. A has committed forgery.\n(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an\nestate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the\npurchase-money. A has committed forgery.\n(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been\ninserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A\ncommits forgery.\n(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable\nand authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the\npurpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of\ntwenty thousand rupees. B commits forgery.\n(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to\ndiscount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A\ndraws the bill with intent to deceive the banker by leading him to suppose that he had the security of B,\nand thereby to discount the bill, A is guilty of forgery.\n(f) Z’s will contains these words—“I direct that all my remaining property be equally divided\nbetween A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the\nwhole was left to himself and C. A has committed forgery.\n(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on\nthe bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words\n“Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B\ncommits forgery.\n(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a\nconveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z,\nintending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has\ncommitted forgery.\n(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named\nby Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to\nsign the will. A has committed forgery.\n(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of\ngood character and in distressed circumstances from unforeseen misfortune, intending by means of such\nletter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to\npart with property, A has committed forgery.\n(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character,\nintending thereby to obtain employment under Z. A has committed forgery in as much as he intended to\ndeceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract\nfor service.\nExplanation 1.—A man’s signature of his own name may amount to forgery.\n\nIllustrations.\n(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was\ndrawn by another person of the same name. A has committed forgery.\n(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may\nafterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it\nhad been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper\npursuant to A’s intention, B is also guilty of forgery.\n(c) A picks up a bill of exchange payable to the order of a different person of the same name. A\nendorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person\nto whose order it was payable; here A has committed forgery.\n(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate,\nin collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates\nthe lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the\nlease was granted before the seizure. B, though he executes the lease in his own name, commits forgery\nby antedating it.\n(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to\ndefraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding\nhimself to pay to B a sum for value received, and antedates the note, intending that it may be believed to\nhave been made before A was on the point of insolvency. A has committed forgery under the first head of\nthe definition.\nExplanation 2.—The making of a false document in the name of a fictitious person, intending it to be\nbelieved that the document was made by a real person, or in the name of a deceased person, intending it\nto be believed that the document was made by the person in his lifetime, may amount to forgery.\nIllustration.\nA draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of\nsuch fictitious person with intent to negotiate it. A commits forgery.\nExplanation 3.—For the purposes of this section, the expression “affixing electronic signature” shall\nhave the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information\nTechnology Act, 2000 (21 of 2000).", "section_number": "335", "section_title": "Making a false document", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 335, BNS 2023" }, { "chunk_id": "BNS_336", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 336: Forgery.]\n\n336. Forgery.—(1) Whoever makes any false document or false electronic record or part of a\ndocument or electronic record, with intent to cause damage or injury, to the public or to any person, or to\nsupport any claim or title, or to cause any person to part with property, or to enter into any express or\nimplied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.\n(2) Whoever commits forgery shall be punished with imprisonment of either description for a term\nwhich may extend to two years, or with fine, or with both.\n(3) Whoever commits forgery, intending that the document or electronic record forged shall be used\nfor the purpose of cheating, shall be punished with imprisonment of either description for a term which\nmay extend to seven years, and shall also be liable to fine.\n(4) Whoever commits forgery, intending that the document or electronic record forged shall harm the\nreputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with\nimprisonment of either description for a term which may extend to three years, and shall also be liable to\nfine.", "section_number": "336", "section_title": "Forgery", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 336, BNS 2023" }, { "chunk_id": "BNS_337", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 337: Forgery of record of Court or of public register, etc.]\n\n337. Forgery of record of Court or of public register, etc.—Whoever forges a document or an\nelectronic record, purporting to be a record or proceeding of or in a Court or an identity document issued\nby Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or\na register kept by a public servant as such, or a certificate or document purporting to be made by a public\nservant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings\n\ntherein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\nExplanation.—For the purposes of this section, “register” includes any list, data or record of any\nentries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the\nInformation Technology Act, 2000 (21 of 2000).", "section_number": "337", "section_title": "Forgery of record of Court or of public register, etc", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 337, BNS 2023" }, { "chunk_id": "BNS_338", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 338: Forgery of valuable security, will, etc.]\n\n338. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a\nvaluable security or a will, or an authority to adopt a son, or which purports to give authority to any\nperson to make or transfer any valuable security, or to receive the principal, interest or dividends thereon,\nor to receive or deliver any money, movable property, or valuable security, or any document purporting\nto be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the\ndelivery of any movable property or valuable security, shall be punished with imprisonment for life, or\nwith imprisonment of either description for a term which may extend to ten years, and shall also be liable\nto fine.", "section_number": "338", "section_title": "Forgery of valuable security, will, etc", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 338, BNS 2023" }, { "chunk_id": "BNS_339", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 339: Having possession of document described in section 337 or section 338, knowing it to be.]\n\n339. Having possession of document described in section 337 or section 338, knowing it to be\nforged and intending to use it as genuine.—Whoever has in his possession any document or electronic\nrecord, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be\nused as genuine, shall, if the document or electronic record is one of the description mentioned in section\n337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to\nseven years, and shall also be liable to fine; and if the document is one of the description mentioned in\nsection 338, shall be punished with imprisonment for life, or with imprisonment of either description, for\na term which may extend to seven years, and shall also be liable to fine.", "section_number": "339", "section_title": "Having possession of document described in section 337 or section 338, knowing it to be", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 339, BNS 2023" }, { "chunk_id": "BNS_340", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 340: Forged document or electronic record and using it as genuine.]\n\n340. Forged document or electronic record and using it as genuine.—(1) A false document or\nelectronic record made wholly or in part by forgery is designated a forged document or electronic record.\n(2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he\nknows or has reason to believe to be a forged document or electronic record, shall be punished in the\nsame manner as if he had forged such document or electronic record.", "section_number": "340", "section_title": "Forged document or electronic record and using it as genuine", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 340, BNS 2023" }, { "chunk_id": "BNS_341", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 341: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under.]\n\n341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under\nsection 338.—(1) Whoever makes or counterfeits any seal, plate or other instrument for making an\nimpression, intending that the same shall be used for the purpose of committing any forgery which would\nbe punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal,\nplate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for\nlife, or with imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.\n(2) Whoever makes or counterfeits any seal, plate or other instrument for making an impression,\nintending that the same shall be used for the purpose of committing any forgery which would be\npunishable under any section of this Chapter other than section 338, or, with such intent, has in his\npossession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished\nwith imprisonment of either description for a term which may extend to seven years, and shall also be\nliable to fine.\n(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall\nbe punished with imprisonment of either description for a term which may extend to three years, and\nshall also be liable to fine.\n(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing\nor having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had\nmade or counterfeited such seal, plate or other instrument.", "section_number": "341", "section_title": "Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 341, BNS 2023" }, { "chunk_id": "BNS_342", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 342: Counterfeiting device or mark used for authenticating documents described in section 338,.]\n\n342. Counterfeiting device or mark used for authenticating documents described in section 338,\nor possessing counterfeit marked material.—(1) Whoever counterfeits upon, or in the substance of,\nany material, any device or mark used for the purpose of authenticating any document described in\nsection 338, intending that such device or mark shall be used for the purpose of giving the appearance of\nauthenticity to any document then forged or thereafter to be forged on such material, or who, with such\n\nintent, has in his possession any material upon or in the substance of which any such device or mark has\nbeen counterfeited, shall be punished with imprisonment for life, or with imprisonment of either\ndescription for a term which may extend to seven years, and shall also be liable to fine.\n(2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the\npurpose of authenticating any document or electronic record other than the documents described in\nsection 338, intending that such device or mark shall be used for the purpose of giving the appearance of\nauthenticity to any document then forged or thereafter to be forged on such material, or who with such\nintent, has in his possession any material upon or in the substance of which any such device or mark has\nbeen counterfeited, shall be punished with imprisonment of either description for a term which may\nextend to seven years, and shall also be liable to fine.", "section_number": "342", "section_title": "Counterfeiting device or mark used for authenticating documents described in section 338,", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 342, BNS 2023" }, { "chunk_id": "BNS_343", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 343: Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable.]\n\n343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable\nsecurity.—Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or\nto any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or\nattempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any\nvaluable security, or commits mischief in respect of such document, shall be punished with imprisonment\nfor life, or with imprisonment of either description for a term which may extend to seven years, and shall\nalso be liable to fine.", "section_number": "343", "section_title": "Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 343, BNS 2023" }, { "chunk_id": "BNS_344", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 344: Falsification of accounts.]\n\n344. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in\nthe capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates\nor falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is\nin the possession of his employer, or has been received by him for or on behalf of his employer, or\nwilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or\nabets the omission or alteration of any material particular from or in, any such book, electronic record,\npaper, writing, valuable security or account, shall be punished with imprisonment of either description for\na term which may extend to seven years, or with fine, or with both.\nExplanation.—It shall be sufficient in any charge under this section to allege a general intent to\ndefraud without naming any particular person intended to be defrauded or specifying any particular sum\nof money intended to be the subject of the fraud, or any particular day on which the offence was\ncommitted.\nOf property marks", "section_number": "344", "section_title": "Falsification of accounts", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 344, BNS 2023" }, { "chunk_id": "BNS_345", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 345: Property mark.]\n\n345. Property mark.—(1) A mark used for denoting that movable property belongs to a particular\nperson is called a property mark.\n(2) Whoever marks any movable property or goods or any case, package or other receptacle\ncontaining movable property or goods, or uses any case, package or other receptacle having any mark\nthereon, in a manner reasonably calculated to cause it to be believed that the property or goods so\nmarked, or any property or goods contained in any such receptacle so marked, belong to a person to\nwhom they do not belong, is said to use a false property mark.\n(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to\ndefraud, be punished with imprisonment of either description for a term which may extend to one year, or\nwith fine, or with both.", "section_number": "345", "section_title": "Property mark", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 345, BNS 2023" }, { "chunk_id": "BNS_346", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 346: Tampering with property mark with intent to cause injury.]\n\n346. Tampering with property mark with intent to cause injury.—Whoever removes, destroys,\ndefaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause\ninjury to any person, shall be punished with imprisonment of either description for a term which may\nextend to one year, or with fine, or with both.", "section_number": "346", "section_title": "Tampering with property mark with intent to cause injury", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 346, BNS 2023" }, { "chunk_id": "BNS_347", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 347: Counterfeiting a property mark.]\n\n347. Counterfeiting a property mark.—(1) Whoever counterfeits any property mark used by any\nother person shall be punished with imprisonment of either description for a term which may extend to\ntwo years, or with fine, or with both.\n(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public\nservant to denote that any property has been manufactured by a particular person or at a particular time or\n\nplace, or that the property is of a particular quality or has passed through a particular office, or that it is\nentitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be\npunished with imprisonment of either description for a term which may extend to three years, and shall\nalso be liable to fine.", "section_number": "347", "section_title": "Counterfeiting a property mark", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 347, BNS 2023" }, { "chunk_id": "BNS_348", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 348: Making or possession of any instrument for counterfeiting a property mark.]\n\n348. Making or possession of any instrument for counterfeiting a property mark.—Whoever\nmakes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a\nproperty mark, or has in his possession a property mark for the purpose of denoting that any goods belong\nto a person to whom they do not belong, shall be punished with imprisonment of either description for a\nterm which may extend to three years, or with fine, or with both.", "section_number": "348", "section_title": "Making or possession of any instrument for counterfeiting a property mark", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 348, BNS 2023" }, { "chunk_id": "BNS_349", "text": "[Context: This section is from BNS 2023, CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS. It covers Section 349: Selling goods marked with a counterfeit property mark.]\n\n349. Selling goods marked with a counterfeit property mark.—Whoever sells, or exposes, or has\nin possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon\nthe same or to or upon any case, package or other receptacle in which such goods are contained, shall,\nunless he proves—\n(a) that, having taken all reasonable precautions against committing an offence against this\nsection, he had at the time of the commission of the alleged offence no reason to suspect the\ngenuineness of the mark; and\n(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his\npower with respect to the persons from whom he obtained such goods or things; or\n(c) that otherwise he had acted innocently,\nbe punished with imprisonment of either description for a term which may extend to one year, or with\nfine, or with both.", "section_number": "349", "section_title": "Selling goods marked with a counterfeit property mark", "chapter": "CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS", "act": "BNS 2023", "source_label": "Section 349, BNS 2023" }, { "chunk_id": "BNS_350", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 350: Making a false mark upon any receptacle containing goods.]\n\n350. Making a false mark upon any receptacle containing goods.—(1) Whoever makes any false\nmark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to\ncause any public servant or any other person to believe that such receptacle contains goods which it does\nnot contain or that it does not contain goods which it does contain, or that the goods contained in such\nreceptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he\nproves that he acted without intent to defraud, be punished with imprisonment of either description for a\nterm which may extend to three years, or with fine, or with both.\n(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall,\nunless he proves that he acted without intent to defraud,\nbe punished as if he had committed the offence under sub-section (1).", "section_number": "350", "section_title": "Making a false mark upon any receptacle containing goods", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 350, BNS 2023" }, { "chunk_id": "BNS_351", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 351: Criminal intimidation.]\n\n351. Criminal intimidation.—(1) Whoever threatens another by any means, with any injury to his\nperson, reputation or property, or to the person or reputation of any one in whom that person is interested,\nwith intent to cause alarm to that person, or to cause that person to do any act which he is not legally\nbound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding\nthe execution of such threat, commits criminal intimidation.\nExplanation.—A threat to injure the reputation of any deceased person in whom the person\nthreatened is interested, is within this section.\nIllustration.\nA, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A\nis guilty of criminal intimidation.\n(2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of\neither description for a term which may extend to two years, or with fine, or with both.\n(3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous\nhurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or\n\nimprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute\nunchastity to a woman, shall be punished with imprisonment of either description for a term which may\nextend to seven years, or with fine, or with both.\n(4) Whoever commits the offence of criminal intimidation by an anonymous communication, or\nhaving taken precaution to conceal the name or abode of the person from whom the threat comes, shall be\npunished with imprisonment of either description for a term which may extend to two years, in addition\nto the punishment provided for the offence under sub-section (1).", "section_number": "351", "section_title": "Criminal intimidation", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 351, BNS 2023" }, { "chunk_id": "BNS_352", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 352: Intentional insult with intent to provoke breach of peace.]\n\n352. Intentional insult with intent to provoke breach of peace.—Whoever intentionally insults in\nany manner, and thereby gives provocation to any person, intending or knowing it to be likely that such\nprovocation will cause him to break the public peace, or to commit any other offence, shall be punished\nwith imprisonment of either description for a term which may extend to two years, or with fine, or with\nboth.", "section_number": "352", "section_title": "Intentional insult with intent to provoke breach of peace", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 352, BNS 2023" }, { "chunk_id": "BNS_353", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 353: Statements conducing to public mischief.]\n\n353. Statements conducing to public mischief.—(1) Whoever makes, publishes or circulates any\nstatement, false information, rumour, or report, including through electronic means—\n(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the\nArmy, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or\n(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section\nof the public whereby any person may be induced to commit an offence against the State or against\nthe public tranquillity; or\n(c) with intent to incite, or which is likely to incite, any class or community of persons to commit\nany offence against any other class or community,\nshall be punished with imprisonment which may extend to three years, or with fine, or with both.\n(2) Whoever makes, publishes or circulates any statement or report containing false information,\nrumour or alarming news, including through electronic means, with intent to create or promote, or which\nis likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or\ncommunity or any other ground whatsoever, feelings of enmity, hatred or ill will between different\nreligious, racial, language or regional groups or castes or communities, shall be punished with\nimprisonment which may extend to three years, or with fine, or with both.\n(3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any\nassembly engaged in the performance of religious worship or religious ceremonies, shall be punished\nwith imprisonment which may extend to five years and shall also be liable to fine.\nException.—It does not amount to an offence, within the meaning of this section, when the person\nmaking, publishing or circulating any such statement, false information, rumour or report, has reasonable\ngrounds for believing that such statement, false information, rumour or report is true and makes,\npublishes or circulates it in good faith and without any such intent as aforesaid.", "section_number": "353", "section_title": "Statements conducing to public mischief", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 353, BNS 2023" }, { "chunk_id": "BNS_354", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 354: Act caused by inducing person to believe that he will be rendered an object of Divine.]\n\n354. Act caused by inducing person to believe that he will be rendered an object of Divine\ndispleasure.—Whoever voluntarily causes or attempts to cause any person to do anything which that\nperson is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing\nor attempting to induce that person to believe that he or any person in whom he is interested will become\nor will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing\nwhich it is the object of the offender to cause him to do, or if he does the thing which it is the object of\nthe offender to cause him to omit, shall be punished with imprisonment of either description for a term\nwhich may extend to one year, or with fine, or with both.\nIllustrations.\n(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he\nrenders Z an object of Divine displeasure. A has committed the offence defined in this section.\n\n(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under\nsuch circumstances that the killing would be believed to render Z an object of Divine displeasure. A has\ncommitted the offence defined in this section.", "section_number": "354", "section_title": "Act caused by inducing person to believe that he will be rendered an object of Divine", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 354, BNS 2023" }, { "chunk_id": "BNS_355", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 355: Misconduct in public by a drunken person.]\n\n355. Misconduct in public by a drunken person.—Whoever, in a state of intoxication, appears in\nany public place, or in any place which it is a trespass in him to enter, and there conducts himself in such\na manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term\nwhich may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with\nboth or with community service.\nOf defamation", "section_number": "355", "section_title": "Misconduct in public by a drunken person", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 355, BNS 2023" }, { "chunk_id": "BNS_356", "text": "[Context: This section is from BNS 2023, CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.. It covers Section 356: Defamation.]\n\n356. Defamation.—(1) Whoever, by words either spoken or intended to be read, or by signs or by\nvisible representations, makes or publishes in any manner, any imputation concerning any person\nintending to harm, or knowing or having reason to believe that such imputation will harm, the reputation\nof such person, is said, except in the cases hereinafter excepted, to defame that person.\nExplanation 1.—It may amount to defamation to impute anything to a deceased person, if the\nimputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings\nof his family or other near relatives.\nExplanation 2.—It may amount to defamation to make an imputation concerning a company or an\nassociation or collection of persons as such.\nExplanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to\ndefamation.\nExplanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly\nor indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or\nlowers the character of that person in respect of his caste or of his calling, or lowers the credit of that\nperson, or causes it to be believed that the body of that person is in a loathsome state, or in a state\ngenerally considered as disgraceful.\nIllustrations.\n(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that\nZ did steal B’s watch. This is defamation, unless it falls within one of the exceptions.\n(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s\nwatch. This is defamation, unless it falls within one of the exceptions.\n(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s\nwatch. This is defamation, unless it falls within one of the exceptions.\nException 1.—It is not defamation to impute anything which is true concerning any person, if it be\nfor the public good that the imputation should be made or published. Whether or not it is for the public\ngood is a question of fact.\nException 2.—It is not defamation to express in good faith any opinion whatever respecting the\nconduct of a public servant in the discharge of his public functions, or respecting his character, so far as\nhis character appears in that conduct, and no further.\nException 3.—It is not defamation to express in good faith any opinion whatever respecting the\nconduct of any person touching any public question, and respecting his character, so far as his character\nappears in that conduct, and no further.\nIllustration.\nIt is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in\npetitioning Government on a public question, in signing a requisition for a meeting on a public question,\nin presiding or attending at such meeting, in forming or joining any society which invites the public\nsupport, in voting or canvassing for a particular candidate for any situation in the efficient discharge of\nthe duties of which the public is interested.\n\nException 4.—It is not defamation to publish substantially true report of the proceedings of a Court,\nor of the result of any such proceedings.\nExplanation.—A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in\na Court, is a Court within the meaning of the above section.\nException 5.—It is not defamation to express in good faith any opinion whatever respecting the\nmerits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any\nperson as a party, witness or agent, in any such case, or respecting the character of such person, as far as\nhis character appears in that conduct, and no further.\nIllustrations.\n(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or\ndishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he\nexpresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.\n(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man\nwithout veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s\ncharacter, is an opinion not founded on Z’s conduct as a witness.\nException 6.—It is not defamation to express in good faith any opinion respecting the merits of any\nperformance which its author has submitted to the judgment of the public, or respecting the character of\nthe author so far as his character appears in such performance, and no further.\nExplanation.—A performance may be submitted to the judgment of the public expressly or by acts on\nthe part of the author which imply such submission to the judgment of the public.\nIllustrations.\n(a) A person who publishes a book, submits that book to the judgment of the public.\n(b) A person who makes a speech in public, submits that speech to the judgment of the public.\n(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of\nthe public.\n(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is\nindecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as\nmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book,\nand no further.\n(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a\nlibertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is\nan opinion not founded on Z’s book.\nException 7.—It is not defamation in a person having over another any authority, either conferred by\nlaw or arising out of a lawful contract made with that other, to pass in good faith any censure on the\nconduct of that other in matters to which such lawful authority relates.\nIllustration.\nA Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a\ndepartment censuring in good faith those who are under his orders, a parent censuring in good faith a\nchild in the presence of other children; a school master, whose authority is derived from a parent,\ncensuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith\nfor remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such\ncashier as such cashier are within this exception.\nException 8.—It is not defamation to prefer in good faith an accusation against any person to any of\nthose who have lawful authority over that person with respect to the subject-matter of accusation.\n\nIllustration.\nIf A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a\nservant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within\nthis exception.\nException 9.—It is not defamation to make an imputation on the character of another provided that\nthe imputation be made in good faith for the protection of the interests of the person making it, or of any\nother person, or for the public good.\nIllustrations.\n(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you\nready money, for I have no opinion of his honesty”. A is within the exception, if he has made this\nimputation on Z in good faith for the protection of his own interests.\n(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the\ncharacter of Z. Here, if the imputation is made in good faith, and for the public good, A is within the\nexception.\nException 10.—It is not defamation to convey a caution, in good faith, to one person against another,\nprovided that such caution be intended for the good of the person to whom it is conveyed, or of some\nperson in whom that person is interested, or for the public good.\n(2) Whoever defames another shall be punished with simple imprisonment for a term which may\nextend to two years, or with fine, or with both, or with community service.\n(3) Whoever prints or engraves any matter, knowing or having good reason to believe that such\nmatter is defamatory of any person, shall be punished with simple imprisonment for a term which may\nextend to two years, or with fine, or with both.\n(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter,\nknowing that it contains such matter, shall be punished with simple imprisonment for a term which may\nextend to two years, or with fine, or with both.\nOf breach of contract to attend on and supply wants of helpless person", "section_number": "356", "section_title": "Defamation", "chapter": "CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.", "act": "BNS 2023", "source_label": "Section 356, BNS 2023" }, { "chunk_id": "BNS_357", "text": "[Context: This section is from BNS 2023, CHAPTER XX REPEAL AND SAVINGS. It covers Section 357: Breach of contract to attend on and supply wants of helpless person.]\n\n357. Breach of contract to attend on and supply wants of helpless person.—Whoever, being\nbound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or\nof unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his\nown safety or of supplying his own wants, voluntarily omits so to do, shall be punished with\nimprisonment of either description for a term which may extend to three months, or with fine which may\nextend to five thousand rupees, or with both.", "section_number": "357", "section_title": "Breach of contract to attend on and supply wants of helpless person", "chapter": "CHAPTER XX REPEAL AND SAVINGS", "act": "BNS 2023", "source_label": "Section 357, BNS 2023" }, { "chunk_id": "BNS_358", "text": "[Context: This section is from BNS 2023, CHAPTER XX REPEAL AND SAVINGS. It covers Section 358: Repeal and savings.]\n\n358. Repeal and savings.—(1) The Indian Penal Code (45 of 1860) is hereby repealed.\n(2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,—\n(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder;\nor\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so\nrepealed; or\n(c) any penalty, or punishment incurred in respect of any offences committed against the Code so\nrepealed; or\n(d) any investigation or remedy in respect of any such penalty, or punishment; or\n(e) any proceeding, investigation or remedy in respect of any such penalty or punishment as\naforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such\npenalty may be imposed as if that Code had not been repealed.\n(3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be\ndeemed to have been done or taken under the corresponding provisions of this Sanhita.\n(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the\ngeneral application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of\nthe repeal.", "section_number": "358", "section_title": "Repeal and savings", "chapter": "CHAPTER XX REPEAL AND SAVINGS", "act": "BNS 2023", "source_label": "Section 358, BNS 2023" }, { "chunk_id": "BNSS_1", "text": "[Context: This section is from BNSS 2023, CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.. It covers Section 1: Short title, extent and commencement.]\n\n1. Short title, extent and commencement.—(1) This Act may be called the Bharatiya Nagarik\n(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall\nnot apply—\n(a) to the State of Nagaland;\n(b) to the tribal areas,\nbut the concerned State Government may, by notification, apply such provisions or any of them\nto the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such\nsupplemental, incidental or consequential modifications, as may be specified in the notification.\nExplanation.—In this section, “tribal areas” means the territories which immediately before\nthe 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of\nthe Sixth Schedule to the Constitution, other than those within the local limits of the municipality of\nShillong.\n(3) It shall come into force on such date1 as the Central Government may, by notification in the Official\nGazette, appoint.", "section_number": "1", "section_title": "Short title, extent and commencement", "chapter": "CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.", "act": "BNSS 2023", "source_label": "Section 1, BNSS 2023" }, { "chunk_id": "BNSS_2", "text": "[Context: This section is from BNSS 2023, CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.. It covers Section 2: Definitions.]\n\n2. Definitions.—(1) In this Sanhita, unless the context otherwise requires,—\n(a) “audio-video electronic” means shall include use of any communication device for the\npurposes of video conferencing, recording of processes of identification, search and seizure or\nevidence, transmission of electronic communication and for such other purposes and by such other\nmeans as the State Government may, by rules provide;\n(b) “bail” means release of a person accused of or suspected of commission of an offence from the\ncustody of law upon certain conditions imposed by an officer or Court on execution by such person of\na bond or a bail bond;\n(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which\nis made bailable by any other law for the time being in force; and “non-bailable offence” means any\nother offence;\n(d) “bail bond” means an undertaking for release with surety;\n(e) “bond” means a personal bond or an undertaking for release without surety;\n(f) “charge” includes any head of charge when the charge contains more heads than one;\n(g) “cognizable offence” means an offence for which, and \"cognizable case\" means a case in which,\na police officer may, in accordance with the First Schedule or under any other law for the time being in\nforce, arrest without warrant;\n(h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his\ntaking action under this Sanhita, that some person, whether known or unknown, has committed an\noffence, but does not include a police report.\nExplanation.—A report made by a police officer in a case which discloses, after investigation, the\ncommission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by\nwhom such report is made shall be deemed to be the complainant;\n(i) “electronic communication” means the communication of any written, verbal, pictorial\ninformation or video content transmitted or transferred (whether from one person to another or from\none device to another or from a person to a device or from a device to a person) by means of an\nelectronic device including a telephone, mobile\nphone, or other wireless telecommunication device, or a computer, or audio-video player or camera\nor any other electronic device or electronic form as may be specified by notification, by the Central\nGovernment;\n(j) “High Court” means,—\n(i) in relation to any State, the High Court for that State;\n(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has\nbeen extended by law, that High Court;\n(iii) in relation to any other Union territory, the highest Court of criminal appeal for that\nterritory other than the Supreme Court of India;\n(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate\nor Court;\n(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence\nconducted by a police officer or by any person (other than a Magistrate) who is authorised by a\nMagistrate in this behalf.\nExplanation.—Where any of the provisions of a special Act are inconsistent with the provisions of\nthis Sanhita, the provisions of the special Act shall prevail;\n(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be\nlegally taken on oath;\n(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the\nCourt or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area\nmay comprise the whole of the State, or any part of the State, as the State Government may, by\nnotification, specify;\n(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case\nin which, a police officer has no authority to arrest without warrant;\n(p) “notification” means a notification published in the Official Gazette;\n(q) “offence” means any act or omission made punishable by any law for the time being in force\nand includes any act in respect of which a complaint may be made under section 20 of the Cattle\nTrespass Act, 1871 (1 of 1871);\n(r) “officer in charge of a police station” includes, when the officer in charge of the police station\nis absent from the station-house or unable from illness or other cause to perform his duties, the police\n\nofficer present at the station-house who is next in rank to such officer and is above the rank of constable\nor, when the State Government so directs, any other police officer so present;\n(s) “place” includes a house, building, tent, vehicle and vessel;\n(t) “police report” means a report forwarded by a police officer to a Magistrate under\nsub-section (3) of section 193;\n(u) “police station” means any post or place declared generally or specially by the State\nGovernment, to be a police station, and includes any local area specified by the State Government in\nthis behalf;\n(v) “Public Prosecutor” means any person appointed under section 18, and includes any person\nacting under the directions of a Public Prosecutor;\n(w) “sub-division” means a sub-division of a district;\n(x) “summons-case” means a case relating to an offence, and not being a warrant-case;\n(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or\nomission of the accused person and includes the guardian or legal heir of such victim;\n(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life\nor imprisonment for a term exceeding two years.\n(2) Words and expressions used herein and not defined but defined in the Information\nTechnology Act, 2000 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings\nrespectively assigned to them in that Act and Sanhita.", "section_number": "2", "section_title": "Definitions", "chapter": "CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.", "act": "BNSS 2023", "source_label": "Section 2, BNSS 2023" }, { "chunk_id": "BNSS_3", "text": "[Context: This section is from BNSS 2023, CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.. It covers Section 3: Construction of references.]\n\n3. Construction of references.—(1) Unless the context otherwise requires, any reference in any law,\nto a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second\nclass shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or\nJudicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.\n(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to\nmatters,—\n(a) which involve the appreciation or shifting of evidence or the formulation of any decision which\nexposes any person to any punishment or penalty or detention in custody pending investigation, inquiry\nor trial or would have the effect of sending him for trial before any Court, they shall, subject to the\nprovisions of this Sanhita, be exercisable by a Judicial Magistrate; or\n(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension\nor cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall,\nsubject to the provisions of clause (a) be exercisable by an Executive Magistrate.", "section_number": "3", "section_title": "Construction of references", "chapter": "CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.", "act": "BNSS 2023", "source_label": "Section 3, BNSS 2023" }, { "chunk_id": "BNSS_4", "text": "[Context: This section is from BNSS 2023, CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.. It covers Section 4: Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.]\n\n4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under\nthe Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with\naccording to the provisions hereinafter contained.\n(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with\naccording to the same provisions, but subject to any enactment for the time being in force regulating the\nmanner or place of investigating, inquiring into, trying or otherwise dealing with such offences.", "section_number": "4", "section_title": "Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws", "chapter": "CHAPTER I PRELIMINARY Suraksha Sanhita, 2023.", "act": "BNSS 2023", "source_label": "Section 4, BNSS 2023" }, { "chunk_id": "BNSS_5", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 5: Saving.]\n\n5. Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the\ncontrary, affect any special or local law for the time being in force, or any special jurisdiction or power\nconferred, or any special form of procedure prescribed, by any other law for the time being in force.", "section_number": "5", "section_title": "Saving", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 5, BNSS 2023" }, { "chunk_id": "BNSS_6", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 6: Classes of Criminal Courts.]\n\n6. Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law,\nother than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—\n(i) Courts of Session;\n(ii) Judicial Magistrates of the first class;\n(iii) Judicial Magistrates of the second class; and\n(iv) Executive Magistrates.", "section_number": "6", "section_title": "Classes of Criminal Courts", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 6, BNSS 2023" }, { "chunk_id": "BNSS_7", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 7: Territorial divisions.]\n\n7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions\ndivisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of\ndistricts.\n(2) The State Government may, after consultation with the High Court, alter the limits or the number\nof such divisions and districts.\n(3) The State Government may, after consultation with the High Court, divide any district into\nsub-divisions and may alter the limits or the number of such sub-divisions.\n(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this\nSanhita, shall be deemed to have been formed under this section.", "section_number": "7", "section_title": "Territorial divisions", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 7, BNSS 2023" }, { "chunk_id": "BNSS_8", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 8: Court of Session.]\n\n8. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions\ndivision.\n(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.\n(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of\nSession.\n(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an\nAdditional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such\nplace or places in the other division as the High Court may direct.\n(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the\ndisposal of any urgent application which is, or may be, made or pending before such Court of Session by\nan Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate,\nin the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such\napplication.\n(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may,\nby notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to\nthe general convenience of the parties and witnesses to hold its sittings at any other place in the sessions\ndivision, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the\ncase or the examination of any witness or witnesses therein.\n(7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the\ndistribution of business among such Additional Sessions Judges.\n(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event\nof his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions\nJudge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction\nto deal with any such application.\n\nExplanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment,\nposting or promotion of a person by the Government to any Service, or post in connection with the affairs\nof the Union or of a State, where under any law, such appointment, posting or promotion is required to be\nmade by the Government.", "section_number": "8", "section_title": "Court of Session", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 8, BNSS 2023" }, { "chunk_id": "BNSS_9", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 9: Courts of Judicial Magistrates.]\n\n9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of\nJudicial Magistrates of the first class and of the second class, and at such places, as the State Government\nmay, after consultation with the High Court, by notification, specify:\nProvided that the State Government may, after consultation with the High Court, establish, for any local\narea, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any\nparticular case or particular class of cases, and where any such Special Court is established, no other Court\nof Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which\nsuch Special Court of Judicial Magistrate has been established.\n(2) The presiding officers of such Courts shall be appointed by the High Court.\n(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a\nJudicial Magistrate of the first class or of the second class on any member of the Judicial Service of the\nState, functioning as a Judge in a Civil Court.", "section_number": "9", "section_title": "Courts of Judicial Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 9, BNSS 2023" }, { "chunk_id": "BNSS_10", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 10: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.]\n\n10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district,\nthe High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.\n(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief\nJudicial magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate\nunder this Sanhita or under any other law for the time being in force as the High Court may direct.\n(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the\nSub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as\noccasion requires.\n(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial\nMagistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial\nMagistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may,\nby general or special order, specify in this behalf.", "section_number": "10", "section_title": "Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 10, BNSS 2023" }, { "chunk_id": "BNSS_11", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 11: Special Judicial Magistrates.]\n\n11. Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State\nGovernment so to do, confer upon any person who holds or has held any post under the Government, all or\nany of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first\nclass or of the second class, in respect to particular cases or to particular classes of cases, in any local area:\nProvided that no such power shall be conferred on a person unless he possesses such qualification or\nexperience in relation to legal affairs as the High Court may, by rules, specify.\n(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term,\nnot exceeding one year at a time, as the High Court may, by general or special order, direct.", "section_number": "11", "section_title": "Special Judicial Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 11, BNSS 2023" }, { "chunk_id": "BNSS_12", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 12: Local Jurisdiction of Judicial Magistrates.]\n\n12. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the\nChief udicial Magistrate may, from time to time, define the local limits of the areas within which the\nMagistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which\nthey may respectively be invested under this Sanhita:\nProvided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local\narea for which it is established.\n(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such\nMagistrate shall extend throughout the district.\n\n(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an\narea beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of\nSession or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his\nlocal jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session\nor Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.", "section_number": "12", "section_title": "Local Jurisdiction of Judicial Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 12, BNSS 2023" }, { "chunk_id": "BNSS_13", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 13: Subordination of Judicial Magistrates.]\n\n13. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate\nto the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the\nSessions Judge, be subordinate to the Chief Judicial Magistrate.\n(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent\nwith this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.", "section_number": "13", "section_title": "Subordination of Judicial Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 13, BNSS 2023" }, { "chunk_id": "BNSS_14", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 14: Executive Magistrates.]\n\n14. Executive Magistrates.—(1) In every district, the State Government may appoint as many persons\nas itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.\n(2) The State Government may appoint any Executive Magistrate to be an Additional District\nMagistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita\nor under any other law for the time being in force as may be directed by the State Government.\n(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer\nsucceeds temporarily to the executive administration of the district, such officer shall, pending the orders\nof the State Government, exercise all the powers and perform all the duties respectively conferred and\nimposed by this Sanhita on the District Magistrate.\n(4) The State Government may place an Executive Magistrate in charge of a sub-division and may\nrelieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division\nshall be called the Sub-divisional Magistrate.\n(5) The State Government may, by general or special order and subject to such control and directions\nas it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.\n(6) Nothing in this section shall preclude the State Government from conferring, under any law for the\ntime being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.", "section_number": "14", "section_title": "Executive Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 14, BNSS 2023" }, { "chunk_id": "BNSS_15", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 15: Special Executive Magistrates.]\n\n15. Special Executive Magistrates.—The State Government may appoint, for such term as it may\nthink fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or\nequivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of\nparticular functions and confer on such Special Executive Magistrates such of the powers as are conferrable\nunder this Sanhita on Executive Magistrates, as it may deem fit.", "section_number": "15", "section_title": "Special Executive Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 15, BNSS 2023" }, { "chunk_id": "BNSS_16", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 16: Local Jurisdiction of Executive.]\n\n16. Local Jurisdiction of Executive.—(1) Subject to the control of the State Government, the District\nMagistrate may, from time to time, define the local limits of the areas within which the Executive\nMagistrates may exercise all or any of the powers with which they may be invested under this Sanhita.\n(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such\nMagistrate shall extend throughout the district.", "section_number": "16", "section_title": "Local Jurisdiction of Executive", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 16, BNSS 2023" }, { "chunk_id": "BNSS_17", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 17: Subordination of Executive Magistrates.]\n\n17. Subordination of Executive Magistrates.—(1) All Executive Magistrates shall be subordinate to\nthe District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate)\nexercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to\nthe general control of the District Magistrate.\n(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with\nthis Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate\nto him.", "section_number": "17", "section_title": "Subordination of Executive Magistrates", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 17, BNSS 2023" }, { "chunk_id": "BNSS_18", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 18: Public Prosecutors.]\n\n18. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government\nshall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more\nAdditional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding\non behalf of the Central Government or the State Government, as the case may be:\nProvided that for National Capital Territory of Delhi, the Central Government shall, after consultation\nwith the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the\npurposes of this sub-section.\n(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting\nany case in any district or local area.\n(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one\nor more Additional Public Prosecutors for the district:\nProvided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be\nappointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another\ndistrict.\n(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of\npersons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors\nfor the district.\n(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public\nProsecutor for the district unless his name appears in the panel of names prepared by the District Magistrate\nunder sub-section (4).\n(6) Notwithstanding anything in sub-section (5), where in a State there exists a regular Cadre of\nProsecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public\nProsecutor only from among the persons constituting such Cadre:\nProvided that where, in the opinion of the State Government, no suitable person is available in such\nCadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional\nPublic Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under\nsub-section (4).\nExplanation.—For the purposes of this sub-section,—\n(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes\ntherein the post of Public Prosecutor, by whatever name called, and which provides for promotion of\nAssistant Public Prosecutors, by whatever name called, to that post;\n(b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the\nfunctions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant\nPublic Prosecutor under this Sanhita.\n(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor\nunder sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice\nas an advocate for not less than seven years.\n(8) The Central Government or the State Government may appoint, for the purposes of any case or class\nof cases, a person who has been in practice as an advocate for not less than ten years as a Special Public\nProsecutor:\nProvided that the Court may permit the victim to engage an advocate of his choice to assist the\nprosecution under this sub-section.\n\n(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been\nin practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita)\nservice as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other\nProsecuting Officer, by whatever name called, shall be deemed to be the period during which such person\nhas been in practice as an advocate.", "section_number": "18", "section_title": "Public Prosecutors", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 18, BNSS 2023" }, { "chunk_id": "BNSS_19", "text": "[Context: This section is from BNSS 2023, CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES. It covers Section 19: Assistant Public Prosecutors.]\n\n19. Assistant Public Prosecutors.—(1) The State Government shall appoint in every district one or\nmore Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.\n(2) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of\nconducting any case or class of cases in the Courts of Magistrates.\n(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public\nProsecutor is available for the purposes of any particular case, the District Magistrate may appoint any other\nperson to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to\nthe State Government:\nProvided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if\nhe—\n(a) has taken any part in the investigation into the offence with respect to which the accused is\nbeing prosecuted; or\n(b) is below the rank of Inspector.", "section_number": "19", "section_title": "Assistant Public Prosecutors", "chapter": "CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES", "act": "BNSS 2023", "source_label": "Section 19, BNSS 2023" }, { "chunk_id": "BNSS_20", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 20: Directorate of Prosecution.]\n\n20. Directorate of Prosecution.—(1) The State Government may establish,—\n(a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many\nDeputy Directors of Prosecution as it thinks fit; and\n(b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors\nand Assistant Directors of Prosecution, as it thinks fit.\n(2) A person shall be eligible to be appointed,—\n(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as\nan advocate for not less than fifteen years or is or has been a Sessions Judge;\n(b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less\nthan seven years or has been a Magistrate of the first class.\n(3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function\nunder the administrative control of the Home Department in the State.\n(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to\nthe Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy\nDirector of Prosecution.\n(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by\nthe State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High\nCourt shall be subordinate to the Director of Prosecution.\n(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by\nthe State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District\nCourts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be\nsubordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution.\n(7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences\nare punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings\nand to give opinion on filing of appeals.\n\n(8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise\npolice report and monitor the cases in which offences are punishable for seven years or more, but less than\nten years, for ensuring their expeditious disposal.\n(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences\nare punishable for less than seven years.\n(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director\nor Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings\nunder this Sanhita.\n(11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution\nand Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution\nor Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by\nnotification, specify.\n(12) The provisions of this section shall not apply to the Advocate General for the State while\nperforming the functions of a Public Prosecutor.", "section_number": "20", "section_title": "Directorate of Prosecution", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 20, BNSS 2023" }, { "chunk_id": "BNSS_21", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 21: Courts by which offences are triable.]\n\n21. Courts by which offences are triable.—Subject to the other provisions of this Sanhita,—\n(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—\n(i) the High Court; or\n(ii) the Court of Session; or\n(iii) any other Court by which such offence is shown in the First Schedule to be triable:\nProvided that any offence under section 64, section 65, section 66, section 67, section 68,\nsection 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as\npracticable by a Court presided over by a woman;\n(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be\ntried by such Court and when no Court is so mentioned, may be tried by—\n(i) the High Court; or\n(ii) any other Court by which such offence is shown in the First Schedule to be triable.", "section_number": "21", "section_title": "Courts by which offences are triable", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 21, BNSS 2023" }, { "chunk_id": "BNSS_22", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 22: Sentences which High Courts and Sessions Judges may pass.]\n\n22. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any\nsentence authorised by law.\n(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any\nsentence of death passed by any such Judge shall be subject to confirmation by the High Court.", "section_number": "22", "section_title": "Sentences which High Courts and Sessions Judges may pass", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 22, BNSS 2023" }, { "chunk_id": "BNSS_23", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 23: Sentences which Magistrates may pass.]\n\n23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass\nany sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment\nfor a term exceeding seven years.\n(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not\nexceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.\n(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not\nexceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.\n\nExplanation.—“Community service” shall mean the work which the Court may order a convict to\nperform as a form of punishment that benefits the community, for which he shall not be entitled to any\nremuneration.", "section_number": "23", "section_title": "Sentences which Magistrates may pass", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 23, BNSS 2023" }, { "chunk_id": "BNSS_24", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 24: Sentence of imprisonment in default of fine.]\n\n24. Sentence of imprisonment in default of fine.—(1) The Court of a Magistrate may award such\nterm of imprisonment in default of payment of fine as is authorised by law:\nProvided that the term—\n(a) is not in excess of the powers of the Magistrate under section 23;\n(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed\none-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for\nthe offence otherwise than as imprisonment in default of payment of the fine.\n(2) The imprisonment awarded under this section may be in addition to a substantive sentence of\nimprisonment for the maximum term awardable by the Magistrate under section 23.", "section_number": "24", "section_title": "Sentence of imprisonment in default of fine", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 24, BNSS 2023" }, { "chunk_id": "BNSS_25", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 25: Sentence in cases of conviction of several offences at one trial.]\n\n25. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted\nat one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya\nNyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which\nsuch Court is competent to inflict and the Court shall, considering the gravity of offences, order such\npunishments to run concurrently or consecutively.\n(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the\naggregate punishment for the several offences being in excess of the punishment which it is competent to\ninflict on conviction of a single offence, to send the offender for trial before a higher Court:\nProvided that—\n(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;\n(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is\ncompetent to inflict for a single offence.\n(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed\nagainst him under this section shall be deemed to be a single sentence.", "section_number": "25", "section_title": "Sentence in cases of conviction of several offences at one trial", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 25, BNSS 2023" }, { "chunk_id": "BNSS_26", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 26: Mode of conferring powers.]\n\n26. Mode of conferring powers.—(1) In conferring powers under this Sanhita, the High Court or the\nState Government, as the case may be, may, by order, empower persons specially by name or in virtue of\ntheir offices or classes of officials generally be their official titles.\n(2) Every such order shall take effect from the date on which it is communicated to the person so\nempowered.", "section_number": "26", "section_title": "Mode of conferring powers", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 26, BNSS 2023" }, { "chunk_id": "BNSS_27", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 27: Powers of officers appointed.]\n\n27. Powers of officers appointed.—Whenever any person holding an office in the service of\nGovernment who has been invested by the High Court or the State Government with any powers under this\nSanhita throughout any local area is appointed to an equal or higher office of the samenature, within a like\nlocal area under the same State Government, he shall, unless the High Court or the State Government, as\nthe case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in\nwhich he is so appointed.", "section_number": "27", "section_title": "Powers of officers appointed", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 27, BNSS 2023" }, { "chunk_id": "BNSS_28", "text": "[Context: This section is from BNSS 2023, CHAPTER III POWER OF COURTS. It covers Section 28: Withdrawal of powers.]\n\n28. Withdrawal of powers.—(1) The High Court or the State Government, as the case may be, may\nwithdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer\nsubordinate to it.\n(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be\nwithdrawn by the respective Magistrate by whom such powers were conferred.", "section_number": "28", "section_title": "Withdrawal of powers", "chapter": "CHAPTER III POWER OF COURTS", "act": "BNSS 2023", "source_label": "Section 28, BNSS 2023" }, { "chunk_id": "BNSS_29", "text": "[Context: This section is from BNSS 2023, CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE. It covers Section 29: Powers of Judges and Magistrates exercisable by their successors-in office.]\n\n29. Powers of Judges and Magistrates exercisable by their successors-in office.—(1) Subject to the\nother provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or\nperformed by his successor-in-office.\n(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by\norder in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order\nthereunder, be deemed to be the successor-in-office.\n(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial\nMagistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate\nwho shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the\nsuccessor-in-office of such Magistrate.", "section_number": "29", "section_title": "Powers of Judges and Magistrates exercisable by their successors-in office", "chapter": "CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE", "act": "BNSS 2023", "source_label": "Section 29, BNSS 2023" }, { "chunk_id": "BNSS_30", "text": "[Context: This section is from BNSS 2023, CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE. It covers Section 30: Powers of superior officers of police.]\n\n30. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of\na police station may exercise the same powers, throughout the local area to which they are appointed, as\nmay be exercised by such officer within the limits of his station.", "section_number": "30", "section_title": "Powers of superior officers of police", "chapter": "CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE", "act": "BNSS 2023", "source_label": "Section 30, BNSS 2023" }, { "chunk_id": "BNSS_31", "text": "[Context: This section is from BNSS 2023, CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE. It covers Section 31: Public when to assist Magistrates and police.]\n\n31. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or\npolice officer reasonably demanding his aid—\n(a) in the taking or preventing the escape of any other person whom such Magistrate or police\nofficer is authorised to arrest; or\n(b) in the prevention or suppression of a breach of the peace; or\n(c) in the prevention of any injury attempted to be committed to any public property.", "section_number": "31", "section_title": "Public when to assist Magistrates and police", "chapter": "CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE", "act": "BNSS 2023", "source_label": "Section 31, BNSS 2023" }, { "chunk_id": "BNSS_32", "text": "[Context: This section is from BNSS 2023, CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE. It covers Section 32: Aid to person, other than police officer, executing warrant.]\n\n32. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a\nperson other than a police officer, any other person may aid in the execution of such warrant, if the person\nto whom the warrant is directed be near at hand and acting in the execution of the warrant.", "section_number": "32", "section_title": "Aid to person, other than police officer, executing warrant", "chapter": "CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE", "act": "BNSS 2023", "source_label": "Section 32, BNSS 2023" }, { "chunk_id": "BNSS_33", "text": "[Context: This section is from BNSS 2023, CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE. It covers Section 33: Public to give information of certain offences.]\n\n33. Public to give information of certain offences.—(1) Every person, aware of the commission of,\nor of the intention of any other person to commit, any offence punishable under any of the following\nsections of the Bharatiya Nyaya Sanhita, 2023, namely:—\n(i) sections 103 to 105 (both inclusive);\n(ii) sections 111 to 113 (both inclusive);\n(iii) sections 140 to 144 (both inclusive);\n(iv) sections 147 to 154 (both inclusive) and section 158;\n(v) sections 178 to 182 (both inclusive);\n(vi) sections 189 and 191;\n(vii) sections 274 to 280 (both inclusive);\n(viii) section 307;\n(ix) sections 309 to 312 (both inclusive);\n(x) sub-section (5) of section 316;\n(xi) sections 326 to 328 (both inclusive); and\n(xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest\nMagistrate or police officer of such commission or intention.\n\n(2) For the purposes of this section, the term “offence” includes any act committed at any place out of\nIndia which would constitute an offence if committed in India.", "section_number": "33", "section_title": "Public to give information of certain offences", "chapter": "CHAPTER IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE", "act": "BNSS 2023", "source_label": "Section 33, BNSS 2023" }, { "chunk_id": "BNSS_34", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 34: Duty of officers employed in connection with affairs of a village to make certain.]\n\n34. Duty of officers employed in connection with affairs of a village to make certain\nreport.—(1) Every officer employed in connection with the affairs of a village and every person residing\nin a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest\npolice station, whichever is nearer, any information which he may possess respecting—\n(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in\nor near such village;\n(b) the resort to any place within, or the passage through, such village of any person whom he\nknows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;\n(c) the commission of, or intention to commit, in or near such village any non-bailable offence or\nany offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;\n(d) the occurrence in or near such village of any sudden or unnatural death or of any death under\nsuspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in\ncircumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance\nfrom such village of any person in circumstances which lead to a reasonable suspicion that a non-\nbailable offence has been committed in respect of such person;\n(e) the commission of, or intention to commit, at any place out of India nearsuch village any act\nwhich, if committed in India, would be an offence punishable under any of the following sections of\nthe Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305,\n307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332;\n(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of\nperson or property respecting which the District Magistrate, by general or special order made with the\nprevious sanction of the State Government, has directed him to communicate information.\n(2) In this section,—\n(i) “village” includes village lands;\n(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any\nCourt or authority in any territory in India to which this Sanhita does not extend, in respect of any act\nwhich if committed in the territories to which this Sanhita extends, would be an offence punishable\nunder any of the offence punishable with imprisonment for ten years or more or with imprisonment for\nlife or with death under the Bharatiya Nyaya Sanhita, 2023;\n(iii) the words “officer employed in connection with the affairs of the village” means a member of\nthe panchayat of the village and includes the headman and every officer or other person appointed to\nperform any function connected with the administration of the village.", "section_number": "34", "section_title": "Duty of officers employed in connection with affairs of a village to make certain", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 34, BNSS 2023" }, { "chunk_id": "BNSS_35", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 35: When police may arrest without warrant.]\n\n35. When police may arrest without warrant.—(1) Any police officer may without an order from a\nMagistrate and without a warrant, arrest any person—\n(a) who commits, in the presence of a police officer, a cognizable offence; or\n(b) against whom a reasonable complaint has been made, or credible information has been received,\nor a reasonable suspicion exists that he has committed a cognizable offence punishable with\nimprisonment for a term which may be less than seven years or which may extend to seven years\nwhether with or without fine, if the following conditions are satisfied, namely:—\n(i) the police officer has reason to believe on the basis of such complaint, information, or\nsuspicion that such person has committed the said offence;\n\n(ii) the police officer is satisfied that such arrest is necessary—\n(a) to prevent such person from committing any further offence; or\n(b) for proper investigation of the offence; or\n(c) to prevent such person from causing the evidence of the offence to disappear or\ntampering with such evidence in any manner; or\n(d) to prevent such person from making any inducement, threat or promise to any person\nacquainted with the facts of the case so as to dissuade him from disclosing such facts to the\nCourt or to the police officer; or\n(e) as unless such person is arrested, his presence in the Court whenever required cannot\nbe ensured, and the police officer shall record while making such arrest, his reasons in writing:\nProvided that a police officer shall, in all cases where the arrest of a person is not required\nunder the provisions of this sub-section, record the reasons in writing for not making the\narrest; or\n(c) against whom credible information has been received that he has committed a cognizable\noffence punishable with imprisonment for a term which may extend to more than seven years whether\nwith or without fine or with death sentence and the police officer has reason to believe on the basis of\nthat information that such person has committed the said offence; or\n(d) who has been proclaimed as an offender either under this Sanhita or by order of the State\nGovernment; or\n(e) in whose possession anything is found which may reasonably be suspected to be stolen property\nand who may reasonably be suspected of having committed an offence with reference to such thing; or\n(f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts\nto escape, from lawful custody; or\n(g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or\n(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible\ninformation has been received, or a reasonable suspicion exists, of his having been concerned in, any\nact committed at any place out of India which, if committed in India, would have been punishable as\nan offence, and for which he is, under any law relating to extradition, or otherwise, liable to be\napprehended or detained in custody in India; or\n(i) who, being a released convict, commits a breach of any rule made under sub-section (5) of\nsection 394; or\n(j) for whose arrest any requisition, whether written or oral, has been received from another police\nofficer, provided that the requisition specifies the person to be arrested and the offence or other cause\nfor which the arrest is to be made and it appears therefrom that the person might lawfully be arrested\nwithout a warrant by the officer who issued the requisition.\n(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against\nwhom a complaint has been made or credible information has been received or reasonable suspicion exists\nof his having so concerned, shall be arrested except under a warrant or order of a Magistrate.\n(3) The police officer shall, in all cases where the arrest of a person is not required under\nsub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or\ncredible information has been received, or a reasonable suspicion exists that he has committed a cognizable\noffence, to appear before him or at such other place as may be specified in the notice.\n\n(4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the\nterms of the notice.\n(5) Where such person complies and continues to comply with the notice, he shall not be arrested in\nrespect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the\nopinion that he ought to be arrested.\n(6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to\nidentify himself, the police officer may, subject to such orders as may have been passed by a competent\nCourt in this behalf, arrest him for the offence mentioned in the notice.\n(7) No arrest shall be made without prior permission of an officer not below the rank of\nDeputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than\nthree years and such person is infirm or is above sixty years of age.", "section_number": "35", "section_title": "When police may arrest without warrant", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 35, BNSS 2023" }, { "chunk_id": "BNSS_36", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 36: Procedure of arrest and duties of officer making arrest.]\n\n36. Procedure of arrest and duties of officer making arrest.—Every police officer while making an\narrest shall—\n(a) bear an accurate, visible and clear identification of his name which will facilitate easy\nidentification;\n(b) prepare a memorandum of arrest which shall be—\n(i) attested by at least one witness, who is a member of the family of the person arrested or a\nrespectable member of the locality where the arrest is made;\n(ii) countersigned by the person arrested; and\n(c) inform the person arrested, unless the memorandum is attested by a member of his family, that\nhe has a right to have a relative or a friend or any other person named by him to be informed of his\narrest.", "section_number": "36", "section_title": "Procedure of arrest and duties of officer making arrest", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 36, BNSS 2023" }, { "chunk_id": "BNSS_37", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 37: Designated police officer.]\n\n37. Designated police officer.—The State Government shall—\n(a) establish a police control room in every district and at State level;\n(b) designate a police officer in every district and in every police station, not below the rank of\nAssistant Sub-Inspector of Police who shall be responsible for maintaining the information about the\nnames and addresses of the persons arrested, nature of the offence with which charged, which shall be\nprominently displayed in any manner including in digital mode in every police station and at the district\nheadquarters.", "section_number": "37", "section_title": "Designated police officer", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 37, BNSS 2023" }, { "chunk_id": "BNSS_38", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 38: Right of arrested person to meet an advocate of his choice during interrogation.]\n\n38. Right of arrested person to meet an advocate of his choice during interrogation.—When any\nperson is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice\nduring interrogation, though not throughout interrogation.", "section_number": "38", "section_title": "Right of arrested person to meet an advocate of his choice during interrogation", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 38, BNSS 2023" }, { "chunk_id": "BNSS_39", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 39: Arrest on refusal to give name and residence.]\n\n39. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a\npolice officer, has committed or has been accused of committing a non-cognizable offence refuses on\ndemand of such officer to give his name and residence or gives a name or residence which such officer has\nreason to believe to be false, he may be arrested by such officer in order that his name or residence may be\nascertained.\n(2) When the true name and residence of such person have been ascertained, he shall be released on a\nbond or bail bond, to appear before a Magistrate if so required:\nProvided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties\nresident in India.\n\n(3) If the true name and residence of such person is not ascertained within twenty-four hours from the\ntime of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties,\nhe shall forthwith be forwarded to the nearest Magistrate having jurisdiction.", "section_number": "39", "section_title": "Arrest on refusal to give name and residence", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 39, BNSS 2023" }, { "chunk_id": "BNSS_40", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 40: Arrest by private person and procedure on such arrest.]\n\n40. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or\ncause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any\nproclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over\nor cause to be made over any person so arrested to a police officer, or, in the absence of a police officer,\ntake such person or cause him to be taken in custody to the nearest police station.\n(2) If there is reason to believe that such person comes under the provisions of sub-section (1) of\nsection 35, a police officer shall take him in custody.\n(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the\ndemand of a police officer to give his name and residence, or gives a name or residence which such officer\nhas reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no\nsufficient reason to believe that he has committed any offence, he shall be at once released.", "section_number": "40", "section_title": "Arrest by private person and procedure on such arrest", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 40, BNSS 2023" }, { "chunk_id": "BNSS_41", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 41: Arrest by Magistrate.]\n\n41. Arrest by Magistrate.—(1) When any offence is committed in the presence of a Magistrate,\nwhether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to\narrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the\noffender to custody.\n(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his\npresence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the\ncircumstances to issue a warrant.", "section_number": "41", "section_title": "Arrest by Magistrate", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 41, BNSS 2023" }, { "chunk_id": "BNSS_42", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 42: Protection of members of Armed Forces from arrest.]\n\n42. Protection of members of Armed Forces from arrest.—(1) Notwithstanding anything contained\nin section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be\narrested for anything done or purported to be done by him in the discharge of his official duties except after\nobtaining the consent of the Central Government.\n(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply\nto such class or category of the members of the Force charged with the maintenance of public order as may\nbe specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall\napply as if for the expression “Central Government” occurring therein, the expression “State Government”\nwere substituted.", "section_number": "42", "section_title": "Protection of members of Armed Forces from arrest", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 42, BNSS 2023" }, { "chunk_id": "BNSS_43", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 43: Arrest how made.]\n\n43. Arrest how made.—(1) In making an arrest the police officer or other person making the same\nshall actually touch or confine the body of the person to be arrested, unless there be a submission to the\ncustody by word or action:\nProvided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her\nsubmission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances\notherwise require or unless the police officer is a female, the police officer shall not touch the person of the\nwoman for making her arrest.\n(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such\npolice officer or other person may use all means necessary to effect the arrest.\n(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while\nmaking the arrest of a person or while producing such person before the court who is a habitual or repeat\noffender, or who escaped from custody, or who has committed offence of organised crime, terrorist act,\ndrug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting\nof coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.\n\n(4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence\npunishable with death or with imprisonment for life.\n(5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and\nwhere such exceptional circumstances exist, the woman police officer shall, by making a written report,\nobtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is\ncommitted or the arrest is to be made.", "section_number": "43", "section_title": "Arrest how made", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 43, BNSS 2023" }, { "chunk_id": "BNSS_44", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 44: Search of place entered by person sought to be arrested.]\n\n44. Search of place entered by person sought to be arrested.—(1) If any person acting under a\nwarrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be\narrested has entered into, or is within, any place, any person residing in, or being in charge of, such place\nshall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto,\nand afford all reasonable facilities for a search therein.\n(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for\na person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained\nwithout affording the person to be arrested an opportunity of escape, for a police officer to enter such place\nand search therein, and in order to effect an entrance into such place, to break open any outer or inner door\nor window of any house or place, whether that of the person to be arrested or of any other person, if after\nnotification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain\nadmittance:\nProvided that if any such place is an apartment in the actual occupancy of a female (not being the person\nto be arrested) who, according to custom, does not appear in public, such person or police officer shall,\nbefore entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford\nher every reasonable facility for withdrawing, and may then break open the apartment and enter it.\n(3) Any police officer or other person authorised to make an arrest may break open any outer or inner\ndoor or window of any house or place in order to liberate himself or any other person who, having lawfully\nentered for the purpose of making an arrest, is detained therein.", "section_number": "44", "section_title": "Search of place entered by person sought to be arrested", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 44, BNSS 2023" }, { "chunk_id": "BNSS_45", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 45: Pursuit of offenders into other jurisdictions.]\n\n45. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting\nwithout warrant any person whom he is authorised to arrest, pursue such person into any place in India.", "section_number": "45", "section_title": "Pursuit of offenders into other jurisdictions", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 45, BNSS 2023" }, { "chunk_id": "BNSS_46", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 46: No unnecessary restraint.]\n\n46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is\nnecessary to prevent his escape.", "section_number": "46", "section_title": "No unnecessary restraint", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 46, BNSS 2023" }, { "chunk_id": "BNSS_47", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 47: Person arrested to be informed of grounds of arrest and of right to bail.]\n\n47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police\nofficer or other person arresting any person without warrant shall forthwith communicate to him full\nparticulars of the offence for which he is arrested or other grounds for such arrest.\n(2) Where a police officer arrests without warrant any person other than a person accused of a non-\nbailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he\nmay arrange for sureties on his behalf.", "section_number": "47", "section_title": "Person arrested to be informed of grounds of arrest and of right to bail", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 47, BNSS 2023" }, { "chunk_id": "BNSS_48", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 48: Obligation of person making arrest to inform about arrest, etc., to relative or friend.]\n\n48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.—(1)\nEvery police officer or other person making any arrest under this Sanhita shall forthwith give the\ninformation regarding such arrest and place where the arrested person is being held to any of his relatives,\nfriends or such other persons as may be disclosed or nominated by the arrested person for the purpose of\ngiving such information and also to the designated police officer in the district.\n(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he\nis brought to the police station.\n(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a\nbook to be kept in the police station in such form as the State Government may, by rules, provide.\n\n(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy\nhimself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of\nsuch arrested person.", "section_number": "48", "section_title": "Obligation of person making arrest to inform about arrest, etc., to relative or friend", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 48, BNSS 2023" }, { "chunk_id": "BNSS_49", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 49: Search of arrested person.]\n\n49. Search of arrested person.—(1) Whenever,—\n(i) a person is arrested by a police officer under a warrant which does not provide for the taking of\nbail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;\nand\n(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally\nbe admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made\nby a private person, the police officer to whom he makes over the person arrested, may search such\nperson, and place in safe custody all articles, other than necessary wearing-apparel, found upon him\nand where any article is seized from the arrested person, a receipt showing the articles taken in\npossession by the police officer shall be given to such person.\n(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another\nfemale with strict regard to decency.", "section_number": "49", "section_title": "Search of arrested person", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 49, BNSS 2023" }, { "chunk_id": "BNSS_50", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 50: Power to seize offensive weapons.]\n\n50. Power to seize offensive weapons.—The police officer or other person making any arrest under\nthis Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons\nwhich he has about his person, and shall deliver all weapons so taken to the Court or officer before which\nor whom the officer or person making the arrest is required by this Sanhita to produce the person arrested.", "section_number": "50", "section_title": "Power to seize offensive weapons", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 50, BNSS 2023" }, { "chunk_id": "BNSS_51", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 51: Examination of accused by medical practitioner at request of police officer.]\n\n51. Examination of accused by medical practitioner at request of police officer.—(1) When a\nperson is arrested on a charge of committing an offence of such a nature and alleged to have been committed\nunder such circumstances that there are reasonable grounds for believing that an examination of his person\nwill afford evidence as to the commission of an offence, it shall be lawful for a registered medical\npractitioner, acting at the request of any police officer, and for any person acting in good faith in his aid\nand under his direction, to make such an examination of the person arrested as is reasonably necessary in\norder to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary\nfor that purpose.\n(2) Whenever the person of a female is to be examined under this section, the examination shall be\nmade only by, or under the supervision of, a female registered medical practitioner.\n(3) The registered medical practitioner shall, without any delay, forward the examination report to the\ninvestigating officer.\nExplanation.—In this section and sections 52 and 53,—\n(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual\noffences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific\ntechniques including DNA profiling and such other tests which the registered medical practitioner thinks\nnecessary in a particular case;\n(b) “registered medical practitioner” means a medical practitioner who possesses any medical\nqualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name\nhas been entered in the National Medical Register or a State Medical Register under that Act.", "section_number": "51", "section_title": "Examination of accused by medical practitioner at request of police officer", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 51, BNSS 2023" }, { "chunk_id": "BNSS_52", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 52: Examination of person accused of rape by medical practitioner.]\n\n52. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested\non a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds\nfor believing that an examination of his person will afford evidence as to the commission of such offence,\nit shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by\na local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the\nplace where the offence has been committed, by any other registered medical practitioner, acting at the\n\nrequest of any police officer, and for any person acting in good faith in his aid and under his direction, to\nmake such an examination of the arrested person and to use such force as is reasonably necessary for that\npurpose.\n(2) The registered medical practitioner conducting such examination shall, without any delay, examine\nsuch person and prepare a report of his examination giving the following particulars, namely:—\n(i) the name and address of the accused and of the person by whom he was brought;\n(ii) the age of the accused;\n(iii) marks of injury, if any, on the person of the accused;\n(iv) the description of material taken from the person of the accused for DNA profiling; and\n(v) other material particulars in reasonable detail.\n(3) The report shall state precisely the reasons for each conclusion arrived at.\n(4) The exact time of commencement and completion of the examination shall also be noted in the\nreport.\n(5) The registered medical practitioner shall, without any delay, forward the report to the investigating\nofficer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred\nto in clause (a) of sub-section (6) of that section.", "section_number": "52", "section_title": "Examination of person accused of rape by medical practitioner", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 52, BNSS 2023" }, { "chunk_id": "BNSS_53", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 53: Examination of arrested person by medical officer.]\n\n53. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall\nbe examined by a medical officer in the service of the Central Government or a State Government, and in\ncase the medical officer is not available, by a registered medical practitioner soon after the arrest is made:\nProvided that if the medical officer or the registered medical practitioner is of the opinion that one more\nexamination of such person is necessary, he may do so:\nProvided further that where the arrested person is a female, the examination of the body shall be made\nonly by or under the supervision of a female medical officer, and in case the female medical officer is not\navailable, by a female registered medical practitioner.\n(2) The medical officer or a registered medical practitioner so examining the arrested person shall\nprepare the record of such examination, mentioning therein any injuries or marks of violence upon the\nperson arrested, and the approximate time when such injuries or marks may have been inflicted.\n(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall\nbe furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested\nperson or the person nominated by such arrested person not available, by a registered medical practitioner\nsoon after the arrest is made:", "section_number": "53", "section_title": "Examination of arrested person by medical officer", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 53, BNSS 2023" }, { "chunk_id": "BNSS_54", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 54: Identification of person arrested.]\n\n54. Identification of person arrested.—Where a person is arrested on a charge of committing an\noffence and his identification by any other person or persons is considered necessary for the purpose of\ninvestigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of\na police station, direct the person so arrested to subject himself to identification by any person or persons\nin such manner as the Court may deem fit:\nProvided that if the person identifying the person arrested is mentally or physically disabled, such\nprocess of identification shall take place under the supervision of a Magistrate who shall take appropriate\nsteps to ensure that such person identifies the person arrested using methods that person is comfortable with\nand the identification process shall be recorded by any audio-video electronic means.", "section_number": "54", "section_title": "Identification of person arrested", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 54, BNSS 2023" }, { "chunk_id": "BNSS_55", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 55: Procedure when police officer deputes subordinate to arrest without warrant.]\n\n55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any\nofficer in charge of a police station or any police officer making an investigation under Chapter XIII\nrequires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any\n\nperson who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the\narrest an order in writing, specifying the person to be arrested and the offence or other cause for which the\narrest is to be made and the officer so required shall, before making the arrest, notify to the person to be\narrested the substance of the order and, if so required by such person, shall show him the order.\n(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under\nsection 35.", "section_number": "55", "section_title": "Procedure when police officer deputes subordinate to arrest without warrant", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 55, BNSS 2023" }, { "chunk_id": "BNSS_56", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 56: Health and safety of arrested person.]\n\n56. Health and safety of arrested person.—It shall be the duty of the person having the custody of an\naccused to take reasonable care of the health and safety of the accused.", "section_number": "56", "section_title": "Health and safety of arrested person", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 56, BNSS 2023" }, { "chunk_id": "BNSS_57", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 57: Person arrested to be taken before Magistrate or officer in charge of police station.]\n\n57. Person arrested to be taken before Magistrate or officer in charge of police station.—A police\nofficer making an arrest without warrant shall, without unnecessary delay and subject to the provisions\nherein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the\ncase, or before the officer in charge of a police station.", "section_number": "57", "section_title": "Person arrested to be taken before Magistrate or officer in charge of police station", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 57, BNSS 2023" }, { "chunk_id": "BNSS_58", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 58: Person arrested not to be detained more than twenty-four hours.]\n\n58. Person arrested not to be detained more than twenty-four hours.—Officers in charge of police\nstations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases\nof all persons arrested without warrant, within the limits of their respective stations, whether such persons\nhave been admitted to bail or otherwise.", "section_number": "58", "section_title": "Person arrested not to be detained more than twenty-four hours", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 58, BNSS 2023" }, { "chunk_id": "BNSS_59", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 59: Police to report apprehensions.]\n\n59. Police to report apprehensions.— Officers in charge of police stations shall report to the District\nMagistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without\nwarrant, within the limits of their respective stations, whether such persons have been admitted to bail or\notherwise.", "section_number": "59", "section_title": "Police to report apprehensions", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 59, BNSS 2023" }, { "chunk_id": "BNSS_60", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 60: Discharge of person apprehended.]\n\n60. Discharge of person apprehended.—No person who has been arrested by a police officer shall be\ndischarged except on his bond, or bail bond, or under the special order of a Magistrate.", "section_number": "60", "section_title": "Discharge of person apprehended", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 60, BNSS 2023" }, { "chunk_id": "BNSS_61", "text": "[Context: This section is from BNSS 2023, CHAPTER V ARREST OF PERSONS. It covers Section 61: Power, on escape, to pursue and retake.]\n\n61. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is rescued,\nthe person from whose custody he escaped or was rescued may immediately pursue and arrest him in any\nplace in India.\n(2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making\nany such arrest is not acting under a warrant and is not a police officer having authority to arrest.", "section_number": "61", "section_title": "Power, on escape, to pursue and retake", "chapter": "CHAPTER V ARREST OF PERSONS", "act": "BNSS 2023", "source_label": "Section 61, BNSS 2023" }, { "chunk_id": "BNSS_62", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 62: Arrest to be made strictly according to Sanhita.]\n\n62. Arrest to be made strictly according to Sanhita.— No arrest shall be made except in accordance\nwith the provisions of this Sanhita or any other law for the time being in force providing for arrest.\nA.—Summons", "section_number": "62", "section_title": "Arrest to be made strictly according to Sanhita", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 62, BNSS 2023" }, { "chunk_id": "BNSS_63", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 63: Form of summons.]\n\n63. Form of summons.—Every summons issued by a Court under this Sanhita shall be,—\n(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as\nthe High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or\n(ii) in an encrypted or any other form of electronic communication and shall bear the image of the\nseal of the Court or digital signature.", "section_number": "63", "section_title": "Form of summons", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 63, BNSS 2023" }, { "chunk_id": "BNSS_64", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 64: Summons how served.]\n\n64. Summons how served.—(1) Every summons shall be served by a police officer, or subject to such\nrules as the State Government may make in this behalf, by an officer of the Court issuing it or other public\nservant:\nProvided that the police station or the registrar in the Court shall maintain a register to enter the address,\nemail address, phone number and such other details as the State Government may, by rules, provide.\n\n(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or\ntendering to him one of the duplicates of the summons:\nProvided that summons bearing the image of Court's seal may also be served by electronic\ncommunication in such form and in such manner, as the State Government may, by rules, provide.\n(3) Every person on whom a summons is so served personally shall, if so required by the serving officer,\nsign a receipt therefor on the back of the other duplicate.", "section_number": "64", "section_title": "Summons how served", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 64, BNSS 2023" }, { "chunk_id": "BNSS_65", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 65: Service of summons on corporate bodies, firms, and societies.]\n\n65. Service of summons on corporate bodies, firms, and societies.—(1) Service of a summons on a\ncompany or corporation may be effected by serving it on the Director, Manager, Secretary or other officer\nof the company or corporation, or by letter sent by registered post addressed to the Director, Manager,\nSecretary or other officer of the company or corporation in India, in which case the service shall be deemed\nto have been effected when the letter would arrive in ordinary course of post.\nExplanation.—In this section, “company” means a body corporate and “corporation” means an\nincorporated company or other body corporate registered under the Companies Act, 2013 (18 of 2013) or\na society registered under the Societies Registration Act, 1860 (21 of 1860).\n(2) Service of a summons on a firm or other association of individuals may be effected by serving it on\nany partner of such firm or association, or by letter sent by registered post addressed to such partner, in\nwhich case the service shall be deemed to have been effected when the letter would arrive in ordinary course\nof post.", "section_number": "65", "section_title": "Service of summons on corporate bodies, firms, and societies", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 65, BNSS 2023" }, { "chunk_id": "BNSS_66", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 66: Service when persons summoned cannot be found.]\n\n66. Service when persons summoned cannot be found.—Where the person summoned cannot, by\nthe exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for\nhim with some adult member of his family residing with him, and the person with whom the summons is\nso left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.\nExplanation.—A servant is not a member of the family within the meaning of this section.", "section_number": "66", "section_title": "Service when persons summoned cannot be found", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 66, BNSS 2023" }, { "chunk_id": "BNSS_67", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 67: Procedure when service cannot be effected as before provided.]\n\n67. Procedure when service cannot be effected as before provided.—If service cannot by the\nexercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer\nshall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in\nwhich the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it\nthinks fit, may either declare that the summons has been duly served or order fresh service in such manner\nas it considers proper.", "section_number": "67", "section_title": "Procedure when service cannot be effected as before provided", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 67, BNSS 2023" }, { "chunk_id": "BNSS_68", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 68: Service on Government servant.]\n\n68. Service on Government servant.—(1) Where the person summoned is in the active service of the\nGovernment, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in\nwhich such person is employed; and such head shall thereupon cause the summons to be served in the\nmanner provided by section 64, and shall return it to the Court under his signature with the endorsement\nrequired by that section.\n(2) Such signature shall be evidence of due service.", "section_number": "68", "section_title": "Service on Government servant", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 68, BNSS 2023" }, { "chunk_id": "BNSS_69", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 69: Service of summons outside local limits.]\n\n69. Service of summons outside local limits.—When a Court desires that a summons issued by it shall\nbe served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a\nMagistrate within whose local jurisdiction the person summoned resides, or is, to be there served.", "section_number": "69", "section_title": "Service of summons outside local limits", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 69, BNSS 2023" }, { "chunk_id": "BNSS_70", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 70: Proof of service in such cases and when serving officer not present.]\n\n70. Proof of service in such cases and when serving officer not present.—(1) When a summons\nissued by a Court is served outside its local jurisdiction, and in any case where the officer who has served\na summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate,\nthat such summons has been served, and a duplicate of the summons purporting to be endorsed (in the\nmanner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with\nwhom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be\ncorrect unless and until the contrary is proved.\n\n(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned\nto the Court.\n(3) All summons served through electronic communication under sections 64 to 71 (both inclusive)\nshall be considered as duly served and a copy of such summons shall be attested and kept as a proof of\nservice of summons.", "section_number": "70", "section_title": "Proof of service in such cases and when serving officer not present", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 70, BNSS 2023" }, { "chunk_id": "BNSS_71", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 71: Service of summons on witness.]\n\n71. Service of summons on witness.—(1) Notwithstanding anything contained in the preceding\nsections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously\nwith the issue of such summons, direct a copy of the summons to be served by electronic communication\nor by registered post addressed to the witness at the place where he ordinarily resides or carries on business\nor personally works for gain.\n(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to\nbe made by a postal employee that the witness refused to take delivery of the summons has been received\nor on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to\nthe satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.\nB.—Warrant of arrest", "section_number": "71", "section_title": "Service of summons on witness", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 71, BNSS 2023" }, { "chunk_id": "BNSS_72", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 72: Form of warrant of arrest and duration.]\n\n72. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under\nthis Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the\nCourt.\n(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until\nit is executed.", "section_number": "72", "section_title": "Form of warrant of arrest and duration", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 72, BNSS 2023" }, { "chunk_id": "BNSS_73", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 73: Power to direct security to be taken.]\n\n73. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person\nmay in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with\nsufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise\ndirected by the Court, the officer to whom the warrant is directed shall take such security and shall release\nsuch person from custody.\n(2) The endorsement shall state—\n(a) the number of sureties;\n(b) the amount in which they and the person for whose arrest the warrant is issued, are to be\nrespectively bound;\n(c) the time at which he is to attend before the Court.\n(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall\nforward the bond to the Court.", "section_number": "73", "section_title": "Power to direct security to be taken", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 73, BNSS 2023" }, { "chunk_id": "BNSS_74", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 74: Warrants to whom directed.]\n\n74. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more\npolice officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no\npolice officer is immediately available, direct it to any other person or persons, and such person or persons\nshall execute the same.\n(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by\nany one or more of them.", "section_number": "74", "section_title": "Warrants to whom directed", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 74, BNSS 2023" }, { "chunk_id": "BNSS_75", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 75: Warrant may be directed to any person.]\n\n75. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of\nthe first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped\nconvict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading\narrest.\n\n(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person\nfor whose arrest it was issued, is in, or enters on, any land or other property under his charge.\n(3) When the person against whom such warrant is issued is arrested, he shall be made over with the\nwarrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction\nin the case, unless security is taken under section 73.", "section_number": "75", "section_title": "Warrant may be directed to any person", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 75, BNSS 2023" }, { "chunk_id": "BNSS_76", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 76: Warrant directed to police officer.]\n\n76. Warrant directed to police officer.—A warrant directed to any police officer may also be executed\nby any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed\nor endorsed.", "section_number": "76", "section_title": "Warrant directed to police officer", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 76, BNSS 2023" }, { "chunk_id": "BNSS_77", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 77: Notification of substance of warrant.]\n\n77. Notification of substance of warrant.—The police officer or other person executing a warrant of\narrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him\nthe warrant.", "section_number": "77", "section_title": "Notification of substance of warrant", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 77, BNSS 2023" }, { "chunk_id": "BNSS_78", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 78: Person arrested to be brought before Court without delay.]\n\n78. Person arrested to be brought before Court without delay.—The police officer or other person\nexecuting a warrant of arrest shall (subject to the provisions of section 73 as to security) without\nunnecessary delay bring the person arrested before the Court before which he is required by law to produce\nsuch person:\nProvided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time\nnecessary for the journey from the place of arrest to the Magistrate's Court.", "section_number": "78", "section_title": "Person arrested to be brought before Court without delay", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 78, BNSS 2023" }, { "chunk_id": "BNSS_79", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 79: Where warrant may be executed.]\n\n79. Where warrant may be executed.—A warrant of arrest may be executed at any place in India.", "section_number": "79", "section_title": "Where warrant may be executed", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 79, BNSS 2023" }, { "chunk_id": "BNSS_80", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 80: Warrant forwarded for execution outside jurisdiction.]\n\n80. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed\noutside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a\npolice officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District\nSuperintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be\nexecuted; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name\nthereon, and if practicable, cause it to be executed in the manner hereinbefore provided.\n(2) The Court issuing a warrant under sub-section (1) shall forward, along with thewarrant, the\nsubstance of the information against the person to be arrested together with such documents, if any, as may\nbe sufficient to enable the Court acting under section 83 to decide whether bail should or should not be\ngranted to the person.", "section_number": "80", "section_title": "Warrant forwarded for execution outside jurisdiction", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 80, BNSS 2023" }, { "chunk_id": "BNSS_81", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 81: Warrant directed to police officer for execution outside jurisdiction.]\n\n81. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant\ndirected to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he\nshall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below\nthe rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant\nis to be executed.\n(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be\nsufficient authority to the police officer to whom the warrant is directed to execute the same, and the local\npolice shall, if so required, assist such officer in executing such warrant.\n(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the\nMagistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such\nexecution, the police officer to whom it is directed may execute the same without such endorsement in any\nplace beyond the local jurisdiction of the Court which issued it.", "section_number": "81", "section_title": "Warrant directed to police officer for execution outside jurisdiction", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 81, BNSS 2023" }, { "chunk_id": "BNSS_82", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 82: Procedure on arrest of person against whom warrant issued.]\n\n82. Procedure on arrest of person against whom warrant issued.—(1) When a warrant of arrest is\nexecuted outside the district in which it was issued, the person arrested shall, unless the Court which issued\nthe warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or\nDistrict Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction\n\nthe arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District\nSuperintendent or Commissioner.\n(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the\ninformation regarding such arrest and the place where the arrested person is being held to the designated\npolice officer in the district and to such officer of another district where the arrested person normally resides.", "section_number": "82", "section_title": "Procedure on arrest of person against whom warrant issued", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 82, BNSS 2023" }, { "chunk_id": "BNSS_83", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 83: Procedure by Magistrate before whom such person arrested is brought.]\n\n83. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive\nMagistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested\nappears to be the person intended by the Court which issued the warrant, direct his removal in custody to\nsuch Court:\nProvided that, if the offence is bailable, and such person is ready and willing to give bail bond to the\nsatisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed\nunder section 73 on the warrant and such person is ready and willing to give the security required by such\ndirection, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as\nthe case may be, and forward the bond, to the Court which issued the warrant:\nProvided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial\nMagistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the\narrest is made on consideration of the information and the documents referred to in sub-section (2) of section\n80, to release such person on bail.\n(2) Nothing in this section shall be deemed to prevent a police officer from taking security under\nsection 73.\nC.—Proclamation and attachment", "section_number": "83", "section_title": "Procedure by Magistrate before whom such person arrested is brought", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 83, BNSS 2023" }, { "chunk_id": "BNSS_84", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 84: Proclamation for person absconding.]\n\n84. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after\ntaking evidence or not) that any person against whom a warrant has been issued by it has absconded or is\nconcealing himself so that such warrant cannot be executed, such Court may publish a written proclamation\nrequiring him to appear at a specified place and at a specified time not less than thirty days from the date\nof publishing such proclamation.\n(2) The proclamation shall be published as follows:—\n(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such\nperson ordinarily resides;\n(b) it shall be affixed to some conspicuous part of the house or homestead in which such person\nordinarily resides or to some conspicuous place of such town or village;\n(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;\n(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily\nnewspaper circulating in the place in which such person ordinarily resides.\n(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was\nduly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive\nevidence that the requirements of this section have been complied with, and that the proclamation was\npublished on such day.\n(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence\nwhich is made punishable with imprisonment of ten years or more, or imprisonment for life or with death\nunder the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person\nfails to appear at the specified place and time required by the proclamation, the Court may, after making\nsuch inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.\n\n(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under\nsub-section (4) as they apply to the proclamation published under sub-section (1).", "section_number": "84", "section_title": "Proclamation for person absconding", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 84, BNSS 2023" }, { "chunk_id": "BNSS_85", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 85: Attachment of property of person absconding.]\n\n85. Attachment of property of person absconding.—(1) The Court issuing a proclamation under\nsection 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order\nthe attachment of any property, movable or immovable, or both, belonging to the proclaimed person:\nProvided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or\notherwise, that the person in relation to whom the proclamation is to be issued,—\n(a) is about to dispose of the whole or any part of his property; or\n(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court,\nit may order the attachment of property simultaneously with the issue of the proclamation.\n(2) Such order shall authorise the attachment of any property belonging to such person within the\ndistrict in which it is made; and it shall authorise the attachment of any property belonging to such person\nwithout such district when endorsed by the District Magistrate within whose district such property is situate.\n(3) If the property ordered to be attached is a debt or other movable property, the attachment under this\nsection shall be made—\n(a) by seizure; or\n(b) by the appointment of a receiver; or\n(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to\nany one on his behalf; or\n(d) by all or any two of such methods, as the Court thinks fit.\n(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the\ncase of land paying revenue to the State Government, be made through the Collector of the district in which\nthe land is situate, and in all other cases—\n(a) by taking possession; or\n(b) by the appointment of a receiver; or\n(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed\nperson or to any one on his behalf; or\n(d) by all or any two of such methods, as the Court thinks fit.\n(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court\nmay, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall\nabide the order of the Court.\n(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as\nthose of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).", "section_number": "85", "section_title": "Attachment of property of person absconding", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 85, BNSS 2023" }, { "chunk_id": "BNSS_86", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 86: Identification and attachment of property of proclaimed person.]\n\n86. Identification and attachment of property of proclaimed person.—The Court may, on the\nwritten request from a police officer not below the rank of the Superintendent of Police or Commissioner\nof Police, initiate the process of requesting assistance from a Court or an authority in the contracting State\nfor identification, attachment and forfeiture of property belonging to a proclaimed person in accordance\nwith the procedure provided in Chapter VIII.", "section_number": "86", "section_title": "Identification and attachment of property of proclaimed person", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 86, BNSS 2023" }, { "chunk_id": "BNSS_87", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 87: Claims and objections to attachment.]\n\n87. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the\nattachment of, any property attached under section 85, within six months from the date of such attachment,\nby any person other than the proclaimed person, on the ground that the claimant or objector has an interest\n\nin such property, and that such interest is not liable to attachment under section 85, the claim or objection\nshall be inquired into, and may be allowed or disallowed in whole or in part:\nProvided that any claim preferred or objection made within the period allowed by this sub-section may,\nin the event of the death of the claimant or objector, be continued by his legal representative.\n(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the\norder of attachment is issued, or, if the claim or objection is in respect of property attached under an order\nendorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in\nwhich the attachment is made.\n(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:\nProvided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over\nfor disposal to any Magistrate subordinate to him.\n(4) Any person whose claim or objection has been disallowed in whole or in part by an order under\nsub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the\nright which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the\norder shall be conclusive.", "section_number": "87", "section_title": "Claims and objections to attachment", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 87, BNSS 2023" }, { "chunk_id": "BNSS_88", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 88: Release, sale and restoration of attached property.]\n\n88. Release, sale and restoration of attached property.—(1) If the proclaimed person appears within\nthe time specified in the proclamation, the Court shall make an order releasing the property from the\nattachment.\n(2) If the proclaimed person does not appear within the time specified in the proclamation, the property\nunder the attachment shall be at the disposal of the State Government; but it shall not be sold until the\nexpiration of six months from the date of the attachment and until any claim preferred or objection made\nunder section 87 has been disposed of under that section, unless it is subject to speedy and natural decay,\nor the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court\nmay cause it to be sold whenever it thinks fit.\n(3) If, within two years from the date of the attachment, any person whose property is or has been at\nthe disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and\nbrought before the Court by whose order the property was attached, or the Court to which such Court is\nsubordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the\npurpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to\nenable him to attend within the time specified therein, such property, or, if the same has been sold, the net\nproceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of\nthe property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be\ndelivered to him.", "section_number": "88", "section_title": "Release, sale and restoration of attached property", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 88, BNSS 2023" }, { "chunk_id": "BNSS_89", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 89: Appeal from order rejecting application for restoration of attached property.]\n\n89. Appeal from order rejecting application for restoration of attached property.—Any person\nreferred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the\nproceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of\nthe first-mentioned Court.\nD.—Other rules regarding processes", "section_number": "89", "section_title": "Appeal from order rejecting application for restoration of attached property", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 89, BNSS 2023" }, { "chunk_id": "BNSS_90", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 90: Issue of warrant in lieu of, or in addition to, summons.]\n\n90. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it\nis empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording\nits reasons in writing, a warrant for his arrest—\n(a) if, either before the issue of such summons, or after the issue of the same but before the time\nfixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the\nsummons; or\n\n(b) if at such time he fails to appear and the summons is proved to have been duly served in time\nto admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.", "section_number": "90", "section_title": "Issue of warrant in lieu of, or in addition to, summons", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 90, BNSS 2023" }, { "chunk_id": "BNSS_91", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 91: Power to take bond or bail bond for appearance.]\n\n91. Power to take bond or bail bond for appearance.—When any person for whose appearance or\narrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such\nCourt, such officer may require such person to execute a bond or bail bond for his appearance in such Court,\nor any other Court to which the case may be transferred for trial.", "section_number": "91", "section_title": "Power to take bond or bail bond for appearance", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 91, BNSS 2023" }, { "chunk_id": "BNSS_92", "text": "[Context: This section is from BNSS 2023, CHAPTER VI PROCESSES TO COMPEL APPEARANCE. It covers Section 92: Arrest on breach of bond or bail bond for appearance.]\n\n92. Arrest on breach of bond or bail bond for appearance.—When any person who is bound by any\nbond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding\nin such Court may issue a warrant directing that such person be arrested and produced before him.", "section_number": "92", "section_title": "Arrest on breach of bond or bail bond for appearance", "chapter": "CHAPTER VI PROCESSES TO COMPEL APPEARANCE", "act": "BNSS 2023", "source_label": "Section 92, BNSS 2023" }, { "chunk_id": "BNSS_93", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 93: Provisions of this Chapter generally applicable to summons and warrants of arrest.]\n\n93. Provisions of this Chapter generally applicable to summons and warrants of arrest.—The\nprovisions contained in this Chapter relating to summons and warrant, and their issue, service and\nexecution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this\nSanhita.\nA.—Summons to produce", "section_number": "93", "section_title": "Provisions of this Chapter generally applicable to summons and warrants of arrest", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 93, BNSS 2023" }, { "chunk_id": "BNSS_94", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 94: Summons to produce document or other thing.]\n\n94. Summons to produce document or other thing.—(1) Whenever any Court or any officer in\ncharge of a police station considers that the production of any document, electronic communication,\nincluding communication devices, which is likely to contain digital evidence or other thing is necessary or\ndesirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or\nbefore such Court or officer, such Court may issue a summons or such officer may, by a written order,\neither in physical form or in electronic form, require the person in whose possession or power such\ndocument or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated\nin the summons or order.\n(2) Any person required under this section merely to produce a document, or other thing shall be\ndeemed to have complied with the requisition if he causes such document or thing to be produced instead\nof attending personally to produce the same.\n(3) Nothing in this section shall be deemed—\n(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books\nEvidence Act, 1891 (13 of 1891); or\n(b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the\npostal authority.", "section_number": "94", "section_title": "Summons to produce document or other thing", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 94, BNSS 2023" }, { "chunk_id": "BNSS_95", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 95: Procedure as to letters.]\n\n95. Procedure as to letters.—(1) If any document, parcel or thing in the custody of a postal authority\nis, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court\nwanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such\nMagistrate or Court may require the postal authority to deliver the document, parcel or thing to such person\nas the Magistrate or Court directs.\n(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive\nor Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such\npurpose, he may require the postal authority to cause search to be made for and to detain such document,\nparcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under\nsub-section (1).\n\nB.—Search-warrants", "section_number": "95", "section_title": "Procedure as to letters", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 95, BNSS 2023" }, { "chunk_id": "BNSS_96", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 96: When search-warrant may be issued.]\n\n96. When search-warrant may be issued.—(1) Where—\n(a) any Court has reason to believe that a person to whom a summons order under section 94 or a\nrequisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not\nproduce the document or thing as required by such summons or requisition; or\n(b) such document or thing is not known to the Court to be in the possession of any person; or\n(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will\nbe served by a general search or inspection,\nit may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in\naccordance therewith and the provisions hereinafter contained.\n(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only\nthe search or inspection shall extend; and the person charged with the execution of such warrant shall then search\nor inspect only the place or part so specified.\n(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief\nJudicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal\nauthority.", "section_number": "96", "section_title": "When search-warrant may be issued", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 96, BNSS 2023" }, { "chunk_id": "BNSS_97", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 97: Search of place suspected to contain stolen property, forged documents, etc.]\n\n97. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District\nMagistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as\nhe thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for\nthe deposit, sale or production of any objectionable article to which this section applies, or that any such\nobjectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of\na constable—\n(a) to enter, with such assistance as may be required, such place;\n(b) to search the same in the manner specified in the warrant;\n(c) to take possession of any property or article therein found which he reasonably suspects to be stolen\nproperty or objectionable article to which this section applies;\n(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the\noffender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;\n(e) to take into custody and carry before a Magistrate every person found in such place who appears to\nhave been privy to the deposit, sale or production of any such property or article knowing or having\nreasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which\nthis section applies.\n(2) The objectionable articles to which this section applies are—\n(a) counterfeit coin;\n(b) pieces of metal made in contravention of the Coinage Act, 2011 (11 of 2011), or brought into India\nin contravention of any notification for the time being in force issued under section 11 of the Customs\nAct, 1962 (52 of 1962);\n(c) counterfeit currency note; counterfeit stamps;\n(d) forged documents;\n(e) false seals;\n(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023);\n(g) instruments or materials used for the production of any of the articles mentioned in\nclauses (a) to (f).", "section_number": "97", "section_title": "Search of place suspected to contain stolen property, forged documents, etc", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 97, BNSS 2023" }, { "chunk_id": "BNSS_98", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 98: Power to declare certain publications forfeited and to issue search-warrants for.]\n\n98. Power to declare certain publications forfeited and to issue search-warrants for\nsame.—(1) Where—\n(a) any newspaper, or book; or\n(b) any document,\nwherever printed, appears to the State Government to contain any matter the publication of which is\npunishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of\nthe Bharatiya Nyaya Sanhita, 2023 (45 of 2023) , the State Government may, by notification, stating the\ngrounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every\ncopy of such book or other document to be forfeited to Government, and thereupon any police officer may\nseize the same wherever found in India and any Magistrate may by warrant authorise any police officer not\nbelow the rank of sub-inspector to enter upon and search for the same in any premises where any copy of\nsuch issue, or any such book or other document may be or may be reasonably suspected to be.\n(2) In this section and in section 99,—\n(a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books\nAct, 1867 (25 of 1867);\n(b) “document” includes any painting, drawing or photograph, or other visible representation.\n(3) No order passed or action taken under this section shall be called in question in any Court otherwise\nthan in accordance with the provisions of section 99.", "section_number": "98", "section_title": "Power to declare certain publications forfeited and to issue search-warrants for", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 98, BNSS 2023" }, { "chunk_id": "BNSS_99", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 99: Application to High Court to set aside declaration of forfeiture.]\n\n99. Application to High Court to set aside declaration of forfeiture.—(1) Any person having any\ninterest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been\nmade under section 98, may, within two months from the date of publication in the Official Gazette of such\ndeclaration, apply to the High Court to set aside such declaration on the ground that the issue of the\nnewspaper, or the book or other document, in respect of which the declaration was made, did not contain\nany such matter as is referred to in sub-section (1) of section 98.\n(2) Every such application shall, where the High Court consists of three or more Judges, be heard and\ndetermined by a Special Bench of the High Court composed of three Judges and where the High Court\nconsists of less than three Judges, such Special Bench shall be composed of all the Judges of that High\nCourt.\n(3) On the hearing of any such application with reference to any newspaper, any copy of such\nnewspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or\nvisible representations contained in such newspaper, in respect of which the declaration of forfeiture was\nmade.\n(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other\ndocument, in respect of which the application has been made, contained any such matter as is referred to in\nsub-section (1) of section 98, set aside the declaration of forfeiture.\n(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision\nshall be in accordance with the opinion of the majority of those Judges.", "section_number": "99", "section_title": "Application to High Court to set aside declaration of forfeiture", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 99, BNSS 2023" }, { "chunk_id": "BNSS_100", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 100: Search for persons wrongfully confined.]\n\n100. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate\nor Magistrate of the first class has reason to believe that any person is confined under such circumstances\nthat the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such\nwarrant is directed may search for the person so confined; and such search shall be made in accordance\ntherewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such\norder as in the circumstances of the case seems proper.", "section_number": "100", "section_title": "Search for persons wrongfully confined", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 100, BNSS 2023" }, { "chunk_id": "BNSS_101", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 101: Power to compel restoration of abducted females.]\n\n101. Power to compel restoration of abducted females.—Upon complaint made on oath of the\nabduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District\nMagistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate\nrestoration of such woman to her liberty, or of such female child to her parent, guardian or other person\nhaving the lawful charge of such child, and may compel compliance with such order, using such force as\nmay be necessary.\nC.—General provisions relating to searches", "section_number": "101", "section_title": "Power to compel restoration of abducted females", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 101, BNSS 2023" }, { "chunk_id": "BNSS_102", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 102: Direction, etc., of search-warrants.]\n\n102. Direction, etc., of search-warrants.—The provisions of sections 32, 72, 74, 76, 79, 80 and 81\nshall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or\nsection 100.", "section_number": "102", "section_title": "Direction, etc., of search-warrants", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 102, BNSS 2023" }, { "chunk_id": "BNSS_103", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 103: Persons in charge of closed place to allow search.]\n\n103. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or\ninspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on\ndemand of the officer or other person executing the warrant, and on production of the warrant, allow him\nfree ingress thereto, and afford all reasonable facilities for a search therein.\n(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant\nmay proceed in the manner provided by sub-section (2) of section 44.\n(3) Where any person in or about such place is reasonably suspected of concealing about his person\nany article for which search should be made, such person may be searched and if such person is a woman,\nthe search shall be made by another woman with strict regard to decency.\n(4) Before making a search under this Chapter, the officer or other person about to make it shall call\nupon two or more independent and respectable inhabitants of the locality in which the place to be searched\nis situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a\nwitness to the search, to attend and witness the search and may issue an order in writing to them or any of\nthem so to do.\n(5) The search shall be made in their presence, and a list of all things seized in the course of such search\nand of the places in which they are respectively found shall be prepared by such officer or other person and\nsigned by such witnesses; but no person witnessing a search under this section shall be required to attend\nthe Court as a witness of the search unless specially summoned by it.\n(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be\npermitted to attend during the search, and a copy of the list prepared under this section, signed by the said\nwitnesses, shall be delivered to such occupant or person.\n(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be\nprepared, and a copy thereof shall be delivered to such person.\n(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under\nthis section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed\nto have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).", "section_number": "103", "section_title": "Persons in charge of closed place to allow search", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 103, BNSS 2023" }, { "chunk_id": "BNSS_104", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 104: Disposal of things found in search beyond jurisdiction.]\n\n104. Disposal of things found in search beyond jurisdiction.—When, in the execution of a search-\nwarrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for\nwhich search is made, are found, such things, together with the list of the same prepared under the\nprovisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless\nsuch place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list\nand things shall be immediately taken before such Magistrate; and, unless there be good cause to the\ncontrary, such Magistrate shall make an order authorising them to be taken to such Court.\n\nD.—Miscellaneous", "section_number": "104", "section_title": "Disposal of things found in search beyond jurisdiction", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 104, BNSS 2023" }, { "chunk_id": "BNSS_105", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 105: Recording of search and seizure through audio-video electronic means.]\n\n105. Recording of search and seizure through audio-video electronic means.—The process of\nconducting search of a place or taking possession of any property, article or thing under this Chapter or\nunder section 185, including preparation of the list of all things seized in the course of such search and\nseizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means\npreferably mobile phone and the police officer shall without delay forward such recording to the District\nMagistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.", "section_number": "105", "section_title": "Recording of search and seizure through audio-video electronic means", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 105, BNSS 2023" }, { "chunk_id": "BNSS_106", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 106: Power of police officer to seize certain property.]\n\n106. Power of police officer to seize certain property.—(1) Any police officer may seize any property\nwhich may be alleged or suspected to have been stolen, or which may be found under circumstances which\ncreate suspicion of the commission of any offence.\n(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report\nthe seizure to that officer.\n(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate\nhaving jurisdiction and where the property seized is such that it cannot be conveniently transported to the\nCourt, or where there is difficulty in securing proper accommodation for the custody of such property, or\nwhere the continued retention of the property in police custody may not be considered necessary for the\npurpose of investigation, he may give custody thereof to any person on his executing a bond undertaking\nto produce the property before the Court as and when required and to give effect to the further orders of the\nCourt as to the disposal of the same:\nProvided that where the property seized under sub-section (1) is subject to speedy and natural decay\nand if the person entitled to the possession of such property is unknown or absent and the value of such\nproperty is less than five hundred rupees, it may forthwith be sold by auction under the orders of the\nSuperintendent of Police and the provisions of sections 503 and 504 shall, as nearly as may be practicable,\napply to the net proceeds of such sale.", "section_number": "106", "section_title": "Power of police officer to seize certain property", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 106, BNSS 2023" }, { "chunk_id": "BNSS_107", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 107: Attachment, forfeiture or restoration of property.]\n\n107. Attachment, forfeiture or restoration of property.—(1) Where a police officer making an\ninvestigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result\nof a criminal activity or from the commission of any offence, he may, with the approval of the\nSuperintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate\nexercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the\nattachment of such property.\n(2) If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that\nall or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon\nsuch person calling upon him to show cause within a period of fourteen days as to why an order of\nattachment shall not be made.\n(3) Where the notice issued to any person under sub-section (2) specifies any property as being held by\nany other person on behalf of such person, a copy of the notice shall also be served upon such other person.\n(4) The Court or the Magistrate may, after considering the explanation, if any, to the show-cause notice\nissued under sub-section (2) and the material fact available before such Court or Magistrate and after giving\na reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in\nrespect of those properties which are found to be the proceeds of crime:\nProvided that if such person does not appear before the Court or the Magistrate or represent his case\nbefore the Court or Magistrate within a period of fourteen days specified in the show-cause notice, the\nCourt or the Magistrate may proceed to pass the ex parte order.\n(5) Notwithstanding anything contained in sub-section (2), if the Court or the Magistrate is of the\nopinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure,\n\nthe Court or Magistrate may by an interim order passed ex parte direct attachment or seizure of such\nproperty, and such order shall remain in force till an order under sub-section (6) is passed.\n(6) If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the\nCourt or the Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of\ncrime to the persons who are affected by such crime.\n(7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of\nsixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to\neffect such distribution.\n(8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any\nsurplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government.", "section_number": "107", "section_title": "Attachment, forfeiture or restoration of property", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 107, BNSS 2023" }, { "chunk_id": "BNSS_108", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 108: Magistrate may direct search in his presence.]\n\n108. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be made\nin his presence of any place for the search of which he is competent to issue a search-warrant.", "section_number": "108", "section_title": "Magistrate may direct search in his presence", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 108, BNSS 2023" }, { "chunk_id": "BNSS_109", "text": "[Context: This section is from BNSS 2023, CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS. It covers Section 109: Power to impound document, etc., produced.]\n\n109. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any\ndocument or thing produced before it under this Sanhita.", "section_number": "109", "section_title": "Power to impound document, etc., produced", "chapter": "CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS", "act": "BNSS 2023", "source_label": "Section 109, BNSS 2023" }, { "chunk_id": "BNSS_110", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 110: Reciprocal arrangements regarding processes.]\n\n110. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which\nthis Sanhita extends (hereafter in this section referred to as the said territories) desires that—\n(a) a summons to an accused person; or\n(b) a warrant for the arrest of an accused person; or\n(c) a summons to any person requiring him to attend and produce a document or other thing, or to\nproduce it; or\n(d) a search-warrant,\nissued by it shall be served or executed at any place,—\n(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it\nmay send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that\nCourt to be served or executed; and where any summons referred to in clause (a) or clause (c) has been\nso served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer\nof the Court to whom it is sent were a Magistrate in the said territories;\n(ii) in any country or place outside India in respect of which arrangements have been made by the\nCentral Government with the Government of such country or place for service or execution of summons\nor warrant in relation to criminal matters (hereafter in this section referred to as the contracting State),\nit may send such summons or warrant in duplicate in such form, directed to such Court, Judge or\nMagistrate, and send to such authority for transmission, as the Central Government may, by\nnotification, specify in this behalf.\n(2) Where a Court in the said territories has received for service or execution—\n(a) a summons to an accused person; or\n(b) a warrant for the arrest of an accused person; or\n(c) a summons to any person requiring him to attend and produce a document or other thing, or to\nproduce it; or\n(d) a search-warrant,\nissued by—\n(I) a Court in any State or area in India outside the said territories;\n\n(II) a Court, Judge or Magistrate in a contracting State,\nit shall cause the same to be served or executed as if it were a summons or warrant received by it from\nanother Court in the said territories for service or execution within its local jurisdiction; and where—\n(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with\nin accordance with the procedure specified by sections 82 and 83;\n(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be\ndealt with in accordance with the procedure specified by section 104:\nProvided that in a case where a summons or search-warrant received from a contracting State has been\nexecuted, the documents or things produced or things found in the search shall be forwarded to the Court\nissuing the summons or search-warrant through such authority as the Central Government may, by\nnotification, specify in this behalf.\nATTACHMENT AND FORFEITURE OF PROPERTY", "section_number": "110", "section_title": "Reciprocal arrangements regarding processes", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 110, BNSS 2023" }, { "chunk_id": "BNSS_111", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 111: Definitions.]\n\n111. Definitions.—In this Chapter, unless the context otherwise requires,—\n(a) “contracting State” means any country or place outside India in respect of which arrangements\nhave been made by the Central Government with the Government of such country through a treaty or\notherwise;\n(b) “identifying” includes establishment of a proof that the property was derived from, or used in,\nthe commission of an offence;\n(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person\nas a result of criminal activity (including crime involving currency transfers) or the value of any such\nproperty;\n(d) “property” means property and assets of every description whether corporeal or incorporeal,\nmovable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest\nin, such property or assets derived or used in the commission of an offence and includes property\nobtained through proceeds of crime;\n(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of\nproperty.", "section_number": "111", "section_title": "Definitions", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 111, BNSS 2023" }, { "chunk_id": "BNSS_112", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 112: Letter of request to competent authority for investigation in a country or place outside.]\n\n112. Letter of request to competent authority for investigation in a country or place outside\nIndia.—(1) If, in the course of an investigation into an offence, an application is made by the investigating\nofficer or any officer superior in rank to the investigating officer that evidence may be available in a country\nor place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that\ncountry or place competent to deal with such request to examine orally any person supposed to be\nacquainted with the facts and circumstances of the case and to record his statement made in the course of\nsuch examination and also to require such person or any other person to produce any document or thing\nwhich may be in his possession pertaining to the case and to forward all the evidence so taken or collected\nor the authenticated copies thereof or the thing so collected to the Court issuing such letter.\n(2) The letter of request shall be transmitted in such manner as the Central Government may specify in\nthis behalf.\n(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to\nbe the evidence collected during the course of investigation under this Sanhita.", "section_number": "112", "section_title": "Letter of request to competent authority for investigation in a country or place outside", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 112, BNSS 2023" }, { "chunk_id": "BNSS_113", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 113: Letter of request from a country or place outside India to a Court or an authority for.]\n\n113. Letter of request from a country or place outside India to a Court or an authority for\ninvestigation in India.—(1) Upon receipt of a letter of request from a Court or an authority in a country or\nplace outside India competent to issue such letter in that country or place for the examination of any person\nor production of any document or thing in relation to an offence under investigation in that country or place,\nthe Central Government may, if it thinks fit—\n(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in\nthis behalf, who shall thereupon summon the person before him and record his statement or cause the\ndocument or thing to be produced; or\n(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the\noffence in the same manner,\nas if the offence had been committed within India.\n(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the\nthing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central\nGovernment for transmission to the Court or the authority issuing the letter of request, in such manner as\nthe Central Government may deem fit.", "section_number": "113", "section_title": "Letter of request from a country or place outside India to a Court or an authority for", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 113, BNSS 2023" }, { "chunk_id": "BNSS_114", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 114: Assistance in securing transfer of persons.]\n\n114. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal\nmatter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued\nby it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such\nform to such Court, Judge or Magistrate through such authority, as the Central Government may, by\nnotification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the\nsame to be executed.\n(2) If , in the course of an investigation or any inquiry into an offence, an application is made by the\ninvestigating officer or any officer superior in rank to the investigating officer that the attendance of a\nperson who is in any place in a contracting State is required in connection with such investigation or inquiry\nand the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in\nduplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central\nGovernment may, by notification, specify in this behalf, to cause the same to be served or executed.\n(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any\nperson requiring him to attend or attend and produce a document or other thing in that Court or before any\nother investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be\nexecuted as if it is the warrant received by it from another Court in India for execution within its local\nlimits.\n(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India,\nthe Court in India or the Central Government may impose such conditions as that Court or Government\ndeems fit.\n(5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in\na contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is\ntransferred to India are complied with and such prisoner shall be kept in such custody subject to such\nconditions as the Central Government may direct in writing.", "section_number": "114", "section_title": "Assistance in securing transfer of persons", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 114, BNSS 2023" }, { "chunk_id": "BNSS_115", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 115: Assistance in relation to orders of attachment or forfeiture of property.]\n\n115. Assistance in relation to orders of attachment or forfeiture of property.—(1) Where a Court\nin India has reasonable grounds to believe that any property obtained by any person is derived or obtained,\ndirectly or indirectly, by such person from the commission of an offence, it may make an order of\nattachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122\n(both inclusive).\n\n(2) Where the Court has made an order for attachment or forfeiture of any property under\nsub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of\nrequest to a Court or an authority in the contracting State for execution of such order.\n(3) Where a letter of request is received by the Central Government from a Court or an authority in a\ncontracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly\nor indirectly, by any person from the commission of an offence committed in that contracting State, the\nCentral Government may forward such letter of request to the Court, as it thinks fit, for execution in\naccordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law\nfor the time being in force.", "section_number": "115", "section_title": "Assistance in relation to orders of attachment or forfeiture of property", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 115, BNSS 2023" }, { "chunk_id": "BNSS_116", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 116: Identifying unlawfully acquired property.]\n\n116. Identifying unlawfully acquired property.—(1) The Court shall, under sub-section (1), or on\nreceipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the\nrank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.\n(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect\nof any person, place, property, assets, documents, books of account in any bank or public financial\ninstitutions or any other relevant matters.\n(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer\nmentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.", "section_number": "116", "section_title": "Identifying unlawfully acquired property", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 116, BNSS 2023" }, { "chunk_id": "BNSS_117", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 117: Seizure or attachment of property.]\n\n117. Seizure or attachment of property.—(1) Where any officer conducting an inquiry or\ninvestigation under section 116 has a reason to believe that any property in relation to which such inquiry\nor investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which\nwill result in disposal of such property, he may make an order for seizing such property and where it is not\npracticable to seize such property, he may make an order of attachment directing that such property shall\nnot be transferred or otherwise dealt with, except with the prior permission of the officer making such order,\nand a copy of such order shall be served on the person concerned.\n(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an\norder of the said Court, within a period of thirty days of its being made.", "section_number": "117", "section_title": "Seizure or attachment of property", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 117, BNSS 2023" }, { "chunk_id": "BNSS_118", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 118: Management of properties seized or forfeited under this Chapter.]\n\n118. Management of properties seized or forfeited under this Chapter.—(1) The Court may appoint\nthe District Magistrate of the area where the property is situated, or any other officer that may be nominated\nby the District Magistrate, to perform the functions of an Administrator of such property.\n(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation\nto which the order has been made under sub-section (1) of section 117 or under section 120 in such manner\nand subject to such conditions as may be specified by the Central Government.\n(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose\nof the property which is forfeited to the Central Government.", "section_number": "118", "section_title": "Management of properties seized or forfeited under this Chapter", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 118, BNSS 2023" }, { "chunk_id": "BNSS_119", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 119: Notice of forfeiture of property.]\n\n119. Notice of forfeiture of property.—(1) If as a result of the inquiry, investigation or survey under\nsection 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may\nserve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a\nperiod of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which\nor by means of which he has acquired such property, the evidence on which he relies and other relevant\ninformation and particulars, and to show cause why all or any of such properties, as the case may be, should\nnot be declared to be proceeds of crime and forfeited to the Central Government.\n(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf\nof such person by any other person, a copy of the notice shall also be served upon such other person.", "section_number": "119", "section_title": "Notice of forfeiture of property", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 119, BNSS 2023" }, { "chunk_id": "BNSS_120", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 120: Forfeiture of property in certain cases.]\n\n120. Forfeiture of property in certain cases.—(1) The Court may, after considering the explanation,\nif any, to the show-cause notice issued under section 119 and the material available before it and after giving\nto the person affected (and in a case where the person affected holds any property specified in the notice\nthrough any other person, to such other person also) a reasonable opportunity of being heard, by order,\nrecord a finding whether all or any of the properties in question are proceeds of crime:\nProvided that if the person affected (and in a case where the person affected holds any property specified\nin the notice through any other person such other person also) does not appear before the Court or represent\nhis case before it within a period of thirty days specified in the show-cause notice, the Court may proceed\nto record a finding under this sub-section ex parte on the basis of evidence available before it.\n(2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are\nproceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for\nthe Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a\nfinding accordingly under sub-section (1).\n(3) Where the Court records a finding under this section to the effect that any property is proceeds of\ncrime, such property shall stand forfeited to the Central Government free from all encumbrances.\n(4) Where any shares in a company stand forfeited to the Central Government under this section, then,\nthe company shall, notwithstanding anything contained in the Companies Act, 2013 (18 of 2013) or the\nArticles of Association of the company, forthwith register the Central Government as the transferee of such\nshares.", "section_number": "120", "section_title": "Forfeiture of property in certain cases", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 120, BNSS 2023" }, { "chunk_id": "BNSS_121", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 121: Fine in lieu of forfeiture.]\n\n121. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property stands\nforfeited to the Central Government under section 120 and it is a case where the source of only a part of\nsuch property has not been proved to the satisfaction of the Court, it shall make an order giving an option\nto the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.\n(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a\nreasonable opportunity of being heard.\n(3) Where the person affected pays the fine due under sub-section (1), within such time as may be\nallowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and\nthereupon such property shall stand released.", "section_number": "121", "section_title": "Fine in lieu of forfeiture", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 121, BNSS 2023" }, { "chunk_id": "BNSS_122", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 122: Certain transfers to be null and void.]\n\n122. Certain transfers to be null and void.—Where after the making of an order under\nsub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said\norder or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the\nproceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central\nGovernment under section 120, then, the transfer of such property shall be deemed to be null and void.", "section_number": "122", "section_title": "Certain transfers to be null and void", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 122, BNSS 2023" }, { "chunk_id": "BNSS_123", "text": "[Context: This section is from BNSS 2023, CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR. It covers Section 123: Procedure in respect of letter of request.]\n\n123. Procedure in respect of letter of request.—Every letter of request, summons or warrant, received\nby the Central Government from, and every letter of request, summons or warrant, to be transmitted to a\ncontracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent\nto the concerned Court in India in such form and in such manner as the Central Government may, by\nnotification, specify in this behalf.", "section_number": "123", "section_title": "Procedure in respect of letter of request", "chapter": "CHAPTER VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR", "act": "BNSS 2023", "source_label": "Section 123, BNSS 2023" }, { "chunk_id": "BNSS_124", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 124: Application of this Chapter.]\n\n124. Application of this Chapter.—The Central Government may, by notification in the Official\nGazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal\narrangements have been made, shall be subject to such conditions, exceptions or qualifications as are\nspecified in the said notification.", "section_number": "124", "section_title": "Application of this Chapter", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 124, BNSS 2023" }, { "chunk_id": "BNSS_125", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 125: Security for keeping peace on conviction.]\n\n125. Security for keeping peace on conviction.—(1) When a Court of Session or Court of a Magistrate\nof the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such\noffence and is of opinion that it is necessary to take security from such person for keeping the peace, the\nCourt may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for\nkeeping the peace for such period, not exceeding three years, as it thinks fit.\n(2) The offences referred to in sub-section (1) are—\n(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023),\nother than an offence punishable under sub-section (1) of section 193 or section 196 or section 197\nthereof;\n(b) any offence which consists of, or includes, assault or using criminal force or committing\nmischief;\n(c) any offence of criminal intimidation;\n(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the\npeace.\n(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become\nvoid.\n(4) An order under this section may also be made by an Appellate Court or by a Court when exercising\nits powers of revision.", "section_number": "125", "section_title": "Security for keeping peace on conviction", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 125, BNSS 2023" }, { "chunk_id": "BNSS_126", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 126: Security for keeping peace in other cases.]\n\n126. Security for keeping peace in other cases.—(1) When an Executive Magistrate receives\ninformation that any person is likely to commit a breach of the peace or disturb the public tranquillity or to\ndo any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and\nis of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided,\nrequire such person to show cause why he should not be ordered to execute a bond or bail bond for keeping\nthe peace for such period, not exceeding one year, as the Magistrate thinks fit.\n(2) Proceedings under this section may be taken before any Executive Magistrate when either the place\nwhere the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within\nsuch jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or\nto do any wrongful act as aforesaid beyond such jurisdiction.", "section_number": "126", "section_title": "Security for keeping peace in other cases", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 126, BNSS 2023" }, { "chunk_id": "BNSS_127", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 127: Security for good behaviour from persons disseminating certain matters.]\n\n127. Security for good behaviour from persons disseminating certain matters.—(1) When an\nExecutive Magistrate receives information that there is within his local jurisdiction any person who, within\nor without such jurisdiction,—\n(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to\ndisseminate or abets the dissemination of,—\n(a) any matter the publication of which is punishable under section 152 or section 196 or\nsection 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or\n(b) any matter concerning a Judge acting or purporting to act in the discharge of his official\nduties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita,\n2023;\n(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire,\ndistributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is\nreferred to in section 294 of the Bharatiya Nyaya Sanhita, 2023,\n\nand the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the\nmanner hereinafter provided, require such person to show cause why he should not be ordered to execute a\nbond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks\nfit.\n(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher\nof any publication registered under, and edited, printed and published in conformity with, the rules laid\ndown in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained\nin such publication except by the order or under the authority of the State Government or some officer\nempowered by the State Government in this behalf.", "section_number": "127", "section_title": "Security for good behaviour from persons disseminating certain matters", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 127, BNSS 2023" }, { "chunk_id": "BNSS_128", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 128: Security for good behaviour from suspected persons.]\n\n128. Security for good behaviour from suspected persons.—When an Executive Magistrate receives\ninformation that there is within his local jurisdiction a person taking precautions to conceal his presence\nand that there is reason to believe that he is doing so with a view to committing a cognizable offence, the\nMagistrate may, in the manner hereinafter provided, require such person to show cause why he should not\nbe ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year,\nas the Magistrate thinks fit.", "section_number": "128", "section_title": "Security for good behaviour from suspected persons", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 128, BNSS 2023" }, { "chunk_id": "BNSS_129", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 129: Security for good behaviour from habitual offenders.]\n\n129. Security for good behaviour from habitual offenders.—When an Executive Magistrate\nreceives information that there is within his local jurisdiction a person who—\n(a) is by habit a robber, house-breaker, thief, or forger; or\n(b) is by habit a receiver of stolen property knowing the same to have been stolen; or\n(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property;\nor\n(d) habitually commits, or attempts to commit, or abets the commission of, the offence of\nkidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of\nthe Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of\nthat Sanhita; or\n(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a\nbreach of the peace; or\n(f) habitually commits, or attempts to commit, or abets the commission of—\n(i) any offence under one or more of the following Acts, namely:—\n(a) the Drugs and Cosmetics Act, 1940 (23 of 1940.);\n(b) the Foreigners Act, 1946 (31 of 1946);\n(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952);\n(d) the Essential Commodities Act, 1955 (10 of 1955);\n(e) the Protection of Civil Rights Act, 1955 (22 of 1955);\n(f) the Customs Act, 1962 (52 of 1962);\n(g) the Food Safety and Standards Act, 2006 (34 of 2006); or\n(ii) any offence punishable under any other law providing for the prevention of hoarding or\nprofiteering or of adulteration of food or drugs or of corruption; or\n(g) is so desperate and dangerous as to render his being at large without security hazardous to the\ncommunity,\n\nsuch Magistrate may, in the manner hereinafter provided, require such person to show cause why he\nshould not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three\nyears, as the Magistrate thinks fit.", "section_number": "129", "section_title": "Security for good behaviour from habitual offenders", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 129, BNSS 2023" }, { "chunk_id": "BNSS_130", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 130: Order to be made.]\n\n130. Order to be made.—When a Magistrate acting under section 126, section 127, section 128 or\nsection 129, deems it necessary to require any person to show cause under such section, he shall make an\norder in writing, setting forth the substance of the information received, the amount of the bond to be\nexecuted, the term for which it is to be in force and the number of sureties, after considering the sufficiency\nand fitness of sureties.", "section_number": "130", "section_title": "Order to be made", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 130, BNSS 2023" }, { "chunk_id": "BNSS_131", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 131: Procedure in respect of person present in Court.]\n\n131. Procedure in respect of person present in Court.—If the person in respect of whom such order\nis made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be\nexplained to him.", "section_number": "131", "section_title": "Procedure in respect of person present in Court", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 131, BNSS 2023" }, { "chunk_id": "BNSS_132", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 132: Summons or warrant in case of person not so present.]\n\n132. Summons or warrant in case of person not so present.—If such person is not present in Court,\nthe Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant\ndirecting the officer in whose custody he is to bring him before the Court:\nProvided that whenever it appears to such Magistrate, upon the report of a police officer or upon other\ninformation (the substance of which report or information shall be recorded by the Magistrate), that there\nis reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be\nprevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a\nwarrant for his arrest.", "section_number": "132", "section_title": "Summons or warrant in case of person not so present", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 132, BNSS 2023" }, { "chunk_id": "BNSS_133", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 133: Copy of order to accompany summons or warrant.]\n\n133. Copy of order to accompany summons or warrant.—Every summons or warrant issued under\nsection 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be\ndelivered by the officer serving or executing such summons or warrant to the person served with, or arrested\nunder, the same.", "section_number": "133", "section_title": "Copy of order to accompany summons or warrant", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 133, BNSS 2023" }, { "chunk_id": "BNSS_134", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 134: Power to dispense with personal attendance.]\n\n134. Power to dispense with personal attendance.—The Magistrate may, if he sees sufficient cause,\ndispense with the personal attendance of any person called upon to show cause why he should not be ordered\nto execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate.", "section_number": "134", "section_title": "Power to dispense with personal attendance", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 134, BNSS 2023" }, { "chunk_id": "BNSS_135", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 135: Inquiry as to truth of information.]\n\n135. Inquiry as to truth of information.—(1) When an order under section 130 has been read or\nexplained under section 131 to a person present in Court, or when any person appears or is brought before\na Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the\nMagistrate shall proceed to inquire into the truth of the information upon which action has been taken, and\nto take such further evidence as may appear necessary.\n(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed\nfor conducting trial and recording evidence in summons-cases.\n(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the\nMagistrate, if he considers that immediate measures are necessary for the prevention of a breach of the\npeace or disturbance of the public tranquillity or the commission of any offence or for the public safety,\nmay, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130\nhas been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until\nthe conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in\ndefault of execution, until the inquiry is concluded:\nProvided that—\n(a) no person against whom proceedings are not being taken under section 127, section 128, or\nsection 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;\n\n(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties\nor the number thereof or the pecuniary extent of their liability, shall not be more onerous than those\nspecified in the order under section 130.\n(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and\ndangerous as to render his being at large without security hazardous to the community may be proved by\nevidence of general repute or otherwise.\n(5) Where two or more persons have been associated together in the matter under inquiry, they may be\ndealt with in the same or separate inquiries as the Magistrate shall think just.\n(6) The inquiry under this section shall be completed within a period of six months from the date of its\ncommencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the\nexpiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the\nMagistrate otherwise directs:\nProvided that where any person has been kept in detention pending such inquiry, the proceeding against\nthat person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such\ndetention.\n(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the\nSessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is\nsatisfied that it was not based on any special reason or was perverse.", "section_number": "135", "section_title": "Inquiry as to truth of information", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 135, BNSS 2023" }, { "chunk_id": "BNSS_136", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 136: Order to give security.]\n\n136. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the\npeace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is\nmade should execute a bond or bail bond, the Magistrate shall make an order accordingly:\nProvided that—\n(a) no person shall be ordered to give security of a nature different from, or of an amount larger\nthan, or for a period longer than, that specified in the order made under section 130;\n(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of\nthe case and shall not be excessive;\n(c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed\nonly by his sureties.", "section_number": "136", "section_title": "Order to give security", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 136, BNSS 2023" }, { "chunk_id": "BNSS_137", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 137: Discharge of person informed against.]\n\n137. Discharge of person informed against.—If, on an inquiry under section 135, it is not proved that\nit is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in\nrespect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the\nrecord to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him,\nor, if such person is not in custody, shall discharge him.", "section_number": "137", "section_title": "Discharge of person informed against", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 137, BNSS 2023" }, { "chunk_id": "BNSS_138", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 138: Commencement of period for which security is required.]\n\n138. Commencement of period for which security is required.—(1) If any person, in respect of\nwhom an order requiring security is made under section 125 or section 136, is at the time such order is\nmade, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is\nrequired shall commence on the expiration of such sentence.\n(2) In other cases such period shall commence on the date of such order unless the Magistrate, for\nsufficient reason, fixes a later date.", "section_number": "138", "section_title": "Commencement of period for which security is required", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 138, BNSS 2023" }, { "chunk_id": "BNSS_139", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 139: Contents of bond.]\n\n139. Contents of bond.—The bond or bail bond to be executed by any such person shall bind him to\nkeep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or\nattempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be\ncommitted, is a breach of the bond or bail bond.", "section_number": "139", "section_title": "Contents of bond", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 139, BNSS 2023" }, { "chunk_id": "BNSS_140", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 140: Power to reject sureties.]\n\n140. Power to reject sureties.— (1) A Magistrate may refuse to accept any surety offered, or may\nreject any surety previously accepted by him or his predecessor under this Chapter on the ground that such\nsurety is an unfit person for the purposes of the bail bond:\nProvided that before so refusing to accept or rejecting any such surety, he shall either himself hold an\ninquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon\nby a Magistrate subordinate to him.\n(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the\nperson by whom the surety was offered and shall, in making the inquiry, record the substance of the\nevidence adduced before him.\n(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before\na Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an\nunfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the\ncase may be, such surety and recording his reasons for so doing:\nProvided that before making an order rejecting any surety who has previously been accepted, the\nMagistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety\nis bound to appear or to be brought before him.", "section_number": "140", "section_title": "Power to reject sureties", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 140, BNSS 2023" }, { "chunk_id": "BNSS_141", "text": "[Context: This section is from BNSS 2023, CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR. It covers Section 141: Imprisonment in default of security.]\n\n141. Imprisonment in default of security.—(1) (a) If any person ordered to give security under\nsection 125 or section 136 does not give such security on or before the date on which the period for which\nsuch security is to be given commences, he shall, except in the case next hereinafter mentioned, be\ncommitted to prison, or, if he is already in prison, be detained in prison until such period expires or until\nwithin such period he gives the security to the Court or Magistrate who made the order requiring it;\n(b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an\norder of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor-\nin-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may,\nafter recording the grounds of such proof, order that the person be arrested and detained in prison until the\nexpiry of the period of the bond or bail bond and such order shall be without prejudice to any other\npunishment or forfeiture to which the said person may be liable in accordance with law.\n(2) When such person has been ordered by a Magistrate to give security for a period exceeding one\nyear, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing\nhim to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as\nsoon as conveniently may be, before such Court.\n(3) Such Court, after examining such proceedings and requiring from the Magistrate any further\ninformation or evidence which it thinks necessary, and after giving the concerned person a reasonable\nopportunity of being heard, may pass such order on the case as it thinks fit:\nProvided that the period (if any) for which any person is imprisoned for failure to give security shall\nnot exceed three years.\n(4) If security has been required in the course of the same proceeding from two or more persons in\nrespect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such\nreference shall also include the case of any other of such persons who has been ordered to give security,\nand the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person\nalso, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which\nhe was ordered to give security.\n(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under\nsub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional\nSessions Judge may exercise the powers of a Sessions Judge under this section in respect of such\nproceedings.\n\n(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to\nthe Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.\n(7) Imprisonment for failure to give security for keeping the peace shall be simple.\n(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been\ntaken under section 127, be simple, and, where the proceedings have been taken under section 128 or\nsection 129, be rigorous or simple as the Court or Magistrate in each case directs.", "section_number": "141", "section_title": "Imprisonment in default of security", "chapter": "CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR", "act": "BNSS 2023", "source_label": "Section 141, BNSS 2023" }, { "chunk_id": "BNSS_142", "text": "[Context: This section is from BNSS 2023, Chapter may be released without hazard to the community or to any other person, he may order such person. It covers Section 142: Power to release persons imprisoned for failing to give security.]\n\n142. Power to release persons imprisoned for failing to give security.— (1) Whenever the District\nMagistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial\nMagistrate in any other case is of opinion that any person imprisoned for failing to give security under this\nto be discharged.\n(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High\nCourt or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case\nof an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any\nother case, may make an order reducing the amount of the security or the number of sureties or the time for\nwhich security has been required.\n(3) An order under sub-section (1) may direct the discharge of such person either without conditions or\nupon any conditions which such person accepts:\nProvided that any condition imposed shall cease to be operative when the period for which such person\nwas ordered to give security has expired.\n(4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge\nmay be made.\n(5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate,\nin the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate\nin any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel\nthe same.\n(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may\nbe arrested by any police officer without warrant, and shall thereupon be produced before the District\nMagistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief\nJudicial Magistrate in any other case.\n(7) Unless such person gives security in accordance with the terms of the original order for the\nunexpired portion of the term for which he was in the first instance committed or ordered to be detained\n(such portion being deemed to be a period equal to the period between the date of the breach of the\nconditions of discharge and the date on which, except for such conditional discharge, he would have been\nentitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under\nsection 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo\nsuch unexpired portion.\n(8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be\nreleased at any time on giving security in accordance with the terms of the original order for the unexpired\nportion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.\n(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing,\ncancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order\nmade by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section\n136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was\nexecuted under his order or under the order of any other Court in his district.\n\n(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a\nbond under this Chapter may at any time apply to the Court making such order to cancel the bond and on\nsuch application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the\nperson for whom such surety is bound to appear or to be brought before it.", "section_number": "142", "section_title": "Power to release persons imprisoned for failing to give security", "chapter": "Chapter may be released without hazard to the community or to any other person, he may order such person", "act": "BNSS 2023", "source_label": "Section 142, BNSS 2023" }, { "chunk_id": "BNSS_143", "text": "[Context: This section is from BNSS 2023, CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS. It covers Section 143: Security for unexpired period of bond.]\n\n143. Security for unexpired period of bond.—(1) When a person for whose appearance a summons\nor warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of\nsection 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the\nbond or bail bond executed by such person and shall order such person to give, for the unexpired portion\nof the term of such bond, fresh security of the same description as the original security.\n(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an\norder made under section 125 or section 136, as the case may be.", "section_number": "143", "section_title": "Security for unexpired period of bond", "chapter": "CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS", "act": "BNSS 2023", "source_label": "Section 143, BNSS 2023" }, { "chunk_id": "BNSS_144", "text": "[Context: This section is from BNSS 2023, CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS. It covers Section 144: Order for maintenance of wives, children and parents.]\n\n144. Order for maintenance of wives, children and parents.—(1) If any person having sufficient\nmeans neglects or refuses to maintain—\n(a) his wife, unable to maintain herself; or\n(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or\n(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,\nwhere such child is, by reason of any physical or mental abnormality or injury unable to maintain itself;\nor\n(d) his father or mother, unable to maintain himself or herself,\na Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a\nmonthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as\nsuch Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time\ndirect:\nProvided that the Magistrate may order the father of a female child referred to in clause (b) to make\nsuch allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female\nchild, if married, is not possessed of sufficient means:\nProvided further that the Magistrate may, during the pendency of the proceeding regarding monthly\nallowance for the maintenance under this sub-section, order such person to make a monthly allowance for\nthe interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding\nwhich the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from\ntime to time direct:\nProvided also that an application for the monthly allowance for the interim maintenance and expenses\nof proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the\ndate of the service of notice of the application to such person.\nExplanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by,\nor has obtained a divorce from, her husband and has not remarried.\n(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall\nbe payable from the date of the order, or, if so ordered, from the date of the application for maintenance or\ninterim maintenance and expenses of proceeding, as the case may be.\n(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate\nmay, for every breach of the order, issue a warrant for levying the amount due in the manner provided for\n\nlevying fines, and may sentence such person, for the whole or any part of each month's allowance for the\nmaintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid\nafter the execution of the warrant, to imprisonment for a term which may extend to one month or until\npayment if sooner made:\nProvided that no warrant shall be issued for the recovery of any amount due under this section unless\napplication be made to the Court to levy such amount within a period of one year from the date on which it\nbecame due:\nProvided further that if such person offers to maintain his wife on condition of her living with him, and\nshe refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may\nmake an order under this section notwithstanding such offer, if he is satisfied that there is just ground for\nso doing.\nExplanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall\nbe considered to be just ground for his wife's refusal to live with him.\n(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance\nand expenses of proceeding, from her husband under this section if she is living in adultery, or if, without\nany sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.\n(5) On proof that any wife in whose favour an order has been made under this section is living in\nadultery, or that without sufficient reason she refuses to live with her husband, or that they are living\nseparately by mutual consent, the Magistrate shall cancel the order.", "section_number": "144", "section_title": "Order for maintenance of wives, children and parents", "chapter": "CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS", "act": "BNSS 2023", "source_label": "Section 144, BNSS 2023" }, { "chunk_id": "BNSS_145", "text": "[Context: This section is from BNSS 2023, CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS. It covers Section 145: Procedure.]\n\n145. Procedure.— (1) Proceedings under section 144 may be taken against any person in any district—\n(a) where he is; or\n(b) where he or his wife resides; or\n(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate\nchild; or\n(d) where his father or mother resides.\n(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order\nfor payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in\nthe presence of his advocate, and shall be recorded in the manner prescribed for summons-cases:\nProvided that if the Magistrate is satisfied that the person against whom an order for payment of\nmaintenance is proposed to be made is wilfully avoiding service, or willfully neglecting to attend the Court,\nthe Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside\nfor good cause shown on an application made within three months from the date thereof subject to such\nterms including terms as to payment of costs to the opposite party as the Magistrate may think just and\nproper.\n(3) The Court in dealing with applications under section 144 shall have power to make such order as to\ncosts as may be just.", "section_number": "145", "section_title": "Procedure", "chapter": "CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS", "act": "BNSS 2023", "source_label": "Section 145, BNSS 2023" }, { "chunk_id": "BNSS_146", "text": "[Context: This section is from BNSS 2023, CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS. It covers Section 146: Alteration in allowance.]\n\n146. Alteration in allowance.—(1) On proof of a change in the circumstances of any person, receiving,\nunder section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the\nsame section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child,\nfather or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the\nallowance for the maintenance or the interim maintenance, as the case may be.\n(2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court,\nany order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case\nmay be, vary the same accordingly.\n\n(3) Where any order has been made under section 144 in favour of a woman who has been divorced\nby, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—\n(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of\nher remarriage;\n(b) the woman has been divorced by her husband and that she has received, whether before or after\nthe date of the said order, the whole of the sum which, under any customary or personal law applicable\nto the parties, was payable on such divorce, cancel such order,—\n(i) in the case where such sum was paid before such order, from the date on which such order\nwas made;\n(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has\nbeen actually paid by the husband to the woman;\n(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered\nher rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order\nfrom the date thereof.\n(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to\nwhom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered\nto be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or\nrecovered by, such person as monthly allowance for the maintenance and interim maintenance or any of\nthem, as the case may be, in pursuance of the said order.", "section_number": "146", "section_title": "Alteration in allowance", "chapter": "CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS", "act": "BNSS 2023", "source_label": "Section 146, BNSS 2023" }, { "chunk_id": "BNSS_147", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 147: Enforcement of order of maintenance.]\n\n147. Enforcement of order of maintenance.—A copy of the order of maintenance or interim\nmaintenance and expenses of proceedings, as the case may be, shall be given without payment to the person\nin whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the\nmaintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,\nis to be paid; and such order may be enforced by any Magistrate in any place where the person against\nwhom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the\nnon-payment of the allowance, or as the case may be, expenses, due.\nA.—Unlawful assemblies", "section_number": "147", "section_title": "Enforcement of order of maintenance", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 147, BNSS 2023" }, { "chunk_id": "BNSS_148", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 148: Dispersal of assembly by use of civil force.]\n\n148. Dispersal of assembly by use of civil force.—(1) Any Executive Magistrate or officer in charge\nof a police station or, in the absence of such officer in charge, any police officer, not below the rank of a\nsub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to\ncause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of\nsuch assembly to disperse accordingly.\n(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so\ncommanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive\nMagistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force,\nand may require the assistance of any person, not being an officer or member of the armed forces and acting\nas such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons\nwho form part of it, in order to disperse such assembly or that they may be punished according to law.", "section_number": "148", "section_title": "Dispersal of assembly by use of civil force", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 148, BNSS 2023" }, { "chunk_id": "BNSS_149", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 149: Use of armed forces to disperse assembly.]\n\n149. Use of armed forces to disperse assembly.—(1) If any assembly referred to in sub-section (1) of\nsection 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be\ndispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may\ncause it to be dispersed by the armed forces.\n\n(2) Such Magistrate may require any officer in command of any group of persons belonging to the\narmed forces to disperse the assembly with the help of the armed forces under his command, and to arrest\nand confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary\nto arrest and confine in order to disperse the assembly or to have them punished according to law.\n(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit,\nbut in so doing he shall use as little force, and do as little injury to person and property, as may be consistent\nwith dispersing the assembly and arresting and detaining such persons.", "section_number": "149", "section_title": "Use of armed forces to disperse assembly", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 149, BNSS 2023" }, { "chunk_id": "BNSS_150", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 150: Power of certain armed force officers to disperse assembly.]\n\n150. Power of certain armed force officers to disperse assembly.—When the public security is\nmanifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any\ncommissioned or gazetted officer of the armed forces may disperse such assembly with the help of the\narmed forces under his command, and may arrest and confine any persons forming part of it, in order to\ndisperse such assembly or that they may be punished according to law; but if, while he is acting under this\nsection, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and\nshall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such\naction.", "section_number": "150", "section_title": "Power of certain armed force officers to disperse assembly", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 150, BNSS 2023" }, { "chunk_id": "BNSS_151", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 151: Protection against prosecution for acts done under sections 148, 149 and 150.]\n\n151. Protection against prosecution for acts done under sections 148, 149 and 150.—(1) No\nprosecution against any person for any act purporting to be done under section 148, section 149 or\nsection 150 shall be instituted in any Criminal Court except—\n(a) with the sanction of the Central Government where such person is an officer or member of the\narmed forces;\n(b) with the sanction of the State Government in any other case.\n(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;\n(b) no person doing any act in good faith in compliance with a requisition under section 148 or\nsection 149;\n(c) no officer of the armed forces acting under section 150 in good faith;\n(d) no member of the armed forces doing any act in obedience to any order which he was bound to\nobey,\nshall be deemed to have thereby committed an offence.\n(3) In this section and in the preceding sections of this Chapter,—\n(a) the expression “armed forces” means the army, naval and air forces, operating as land forces\nand includes any other armed forces of the Union so operating;\n(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as\nan officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty\nofficer, a non-commissioned officer and a non-gazetted officer;\n(c) “member”, in relation to the armed forces, means a person in the armed forces other than an\nofficer.\nB.—Public nuisances", "section_number": "151", "section_title": "Protection against prosecution for acts done under sections 148, 149 and 150", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 151, BNSS 2023" }, { "chunk_id": "BNSS_152", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 152: Conditional order for removal of nuisance.]\n\n152. Conditional order for removal of nuisance.—(1) Whenever a District Magistrate or a\nSub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the\nState Government, on receiving the report of a police officer or other information and on taking such\nevidence (if any) as he thinks fit, considers—\n(a) that any unlawful obstruction or nuisance should be removed from any public place or from any\nway, river or channel which is or may be lawfully used by the public; or\n\n(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is\ninjurious to the health or physical comfort of the community, and that in consequence such trade or\noccupation should be prohibited or regulated or such goods or merchandise should be removed or the\nkeeping thereof regulated; or\n(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion\nconflagration or explosion, should be prevented or stopped; or\n(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and\nthereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and\nthat in consequence the removal, repair or support of such building, tent or structure, or the removal or\nsupport of such tree, is necessary; or\n(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in\nsuch manner as to prevent danger arising to the public; or\n(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,\nsuch Magistrate may make a conditional order requiring the person causing such obstruction or nuisance,\nor carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing\nor controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing\nsuch animal or tree, within a time to be fixed in the order—\n(i) to remove such obstruction or nuisance; or\n(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such\ntrade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such\nmanner as may be directed; or\n(iii) to prevent or stop the construction of such building, or to alter the disposal of such\nsubstance; or\n(iv) to remove, repair or support such building, tent or structure, or to remove or support such\ntrees; or\n(v) to fence such tank, well or excavation; or\n(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said\norder, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate\nto him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided,\nwhy the order should not be made absolute.\n(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.\nExplanation.—A “public place” includes also property belonging to the State, camping grounds and\ngrounds left unoccupied for sanitary or recreative purposes.", "section_number": "152", "section_title": "Conditional order for removal of nuisance", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 152, BNSS 2023" }, { "chunk_id": "BNSS_153", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 153: Service or notification of order.]\n\n153. Service or notification of order.—(1) The order shall, if practicable, be served on the person\nagainst whom it is made, in the manner herein provided for service of summons.\n(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as\nthe State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as\nmay be fittest for conveying the information to such person.", "section_number": "153", "section_title": "Service or notification of order", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 153, BNSS 2023" }, { "chunk_id": "BNSS_154", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 154: Person to whom order is addressed to obey or show cause.]\n\n154. Person to whom order is addressed to obey or show cause.—The person against whom such\norder is made shall—\n(a) perform, within the time and in the manner specified in the order, the act directed thereby; or\n\n(b) appear in accordance with such order and show cause against the same; and such appearance or\nhearing may be permitted through audio-video conferencing.", "section_number": "154", "section_title": "Person to whom order is addressed to obey or show cause", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 154, BNSS 2023" }, { "chunk_id": "BNSS_155", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 155: Penalty for failure to comply with section 154.]\n\n155. Penalty for failure to comply with section 154.—If the person against whom an order is made\nunder section 154 does not perform such act or appear and show cause, he shall be liable to the penalty\nspecified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made\nabsolute.", "section_number": "155", "section_title": "Penalty for failure to comply with section 154", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 155, BNSS 2023" }, { "chunk_id": "BNSS_156", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 156: Procedure where existence of public right is denied.]\n\n156. Procedure where existence of public right is denied.— (1) Where an order is made under\nsection 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any\nway, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom\nthe order was made, question him as to whether he denies the existence of any public right in respect of the\nway, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157,\ninquire into the matter.\n(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial,\nhe shall stay the proceedings until the matter of the existence of such right has been decided by a competent\nCourt; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157.\n(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the\nexistence of a public right of the nature therein referred to, or who, having made such denial, has failed to\nadduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make\nany such denial.", "section_number": "156", "section_title": "Procedure where existence of public right is denied", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 156, BNSS 2023" }, { "chunk_id": "BNSS_157", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 157: Procedure where person against whom order is made under section 152 appears to show.]\n\n157. Procedure where person against whom order is made under section 152 appears to show\ncause.—(1) If the person against whom an order under section 152 is made appears and shows cause against\nthe order, the Magistrate shall take evidence in the matter as in a summons-case.\n(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification\nas he considers necessary, is reasonable and proper, the order shall be made absolute without modification\nor, as the case may be, with such modification.\n(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case:\nProvided that the proceedings under this section shall be completed, as soon as possible, within a period\nof ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty\ndays.", "section_number": "157", "section_title": "Procedure where person against whom order is made under section 152 appears to show", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 157, BNSS 2023" }, { "chunk_id": "BNSS_158", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 158: Power of Magistrate to direct local investigation and examination of an expert.]\n\n158. Power of Magistrate to direct local investigation and examination of an expert.—The\nMagistrate may, for the purposes of an inquiry under section 156 or section 157—\n(a) direct a local investigation to be made by such person as he thinks fit; or\n(b) summon and examine an expert.", "section_number": "158", "section_title": "Power of Magistrate to direct local investigation and examination of an expert", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 158, BNSS 2023" }, { "chunk_id": "BNSS_159", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 159: Power of Magistrate to furnish written instructions, etc.]\n\n159. Power of Magistrate to furnish written instructions, etc.—(1) Where the Magistrate directs a\nlocal investigation by any person under section 158, the Magistrate may—\n(a) furnish such person with such written instructions as may seem necessary for his guidance;\n(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall\nbe paid.\n(2) The report of such person may be read as evidence in the case.\n(3) Where the Magistrate summons and examines an expert under section 158, the Magistrate may\ndirect by whom the costs of such summoning and examination shall be paid.", "section_number": "159", "section_title": "Power of Magistrate to furnish written instructions, etc", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 159, BNSS 2023" }, { "chunk_id": "BNSS_160", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 160: Procedure on order being made absolute and consequences of disobedience.]\n\n160. Procedure on order being made absolute and consequences of disobedience.—(1) When an\norder has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same\nto the person against whom the order was made, and shall further require him to perform the act directed\nby the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall\nbe liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.\n(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and\nmay recover the costs of performing it, either by the sale of any building, goods or other property removed\nby his order, or by the distress and sale of any other movable property of such person within or without\nsuch Magistrate's local jurisdiction, and if such other property is without such jurisdiction, the order shall\nauthorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the\nproperty to be attached is found.\n(3) No suit shall lie in respect of anything done in good faith under this section.", "section_number": "160", "section_title": "Procedure on order being made absolute and consequences of disobedience", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 160, BNSS 2023" }, { "chunk_id": "BNSS_161", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 161: Injunction pending inquiry.]\n\n161. Injunction pending inquiry.—(1) If a Magistrate making an order under section 152 considers\nthat immediate measures should be taken to prevent imminent danger or injury of a serious kind to the\npublic, he may issue such an injunction to the person against whom the order was made, as is required to\nobviate or prevent such danger or injury pending the determination of the matter.\n(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or\ncause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.\n(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.", "section_number": "161", "section_title": "Injunction pending inquiry", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 161, BNSS 2023" }, { "chunk_id": "BNSS_162", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 162: Magistrate may prohibit repetition or Continuance of public nuisance.]\n\n162. Magistrate may prohibit repetition or Continuance of public nuisance.—A District Magistrate\nor Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police\nempowered by the State Government or the District Magistrate in this behalf, may order any person not to\nrepeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or\nlocal law.\nC.—Urgent cases of nuisance or apprehended danger", "section_number": "162", "section_title": "Magistrate may prohibit repetition or Continuance of public nuisance", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 162, BNSS 2023" }, { "chunk_id": "BNSS_163", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 163: Power to issue order in urgent cases of nuisance or apprehended danger.]\n\n163. Power to issue order in urgent cases of nuisance or apprehended danger.— (1) In cases where,\nin the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate\nspecially empowered by the State Government in this behalf, there is sufficient ground for proceeding under\nthis section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written\norder stating the material facts of the case and served in the manner provided by section 153, direct any\nperson to abstain from a certain act or to take certain order with respect to certain property in his possession\nor under his management, if such Magistrate considers that such direction is likely to prevent, or tends to\nprevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health\nor safety or a disturbance of the public tranquillity, or a riot, or an affray.\n(2) An order under this section may, in cases of emergency or in cases where the circumstances do not\nadmit of the serving in due time of a notice upon the person against whom the order is directed, be passed\nex parte.\n(3) An order under this section may be directed to a particular individual, or to persons residing in a\nparticular place or area, or to the public generally when frequenting or visiting a particular place or area.\n(4) No order under this section shall remain in force for more than two months from the making thereof:\nProvided that if the State Government considers it necessary so to do for preventing danger to human\nlife, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made\nby a Magistrate under this section shall remain in force for such further period not exceeding six months\nfrom the date on which the order made by the Magistrate would have, but for such order, expired, as it may\nspecify in the said notification.\n\n(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind\nor alter any order made under this section by himself or any Magistrate subordinate to him or by his\npredecessor-in-office.\n(6) The State Government may, either on its own motion or on the application of any person aggrieved,\nrescind or alter any order made by it under the proviso to sub-section (4).\n(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the\nState Government, as the case may be, shall afford to the applicant an early opportunity of appearing before\nhim or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or\nthe State Government, as the case may be, rejects the application wholly or in part, he or it shall record in\nwriting the reasons for so doing.\nD.—Disputes as to immovable property", "section_number": "163", "section_title": "Power to issue order in urgent cases of nuisance or apprehended danger", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 163, BNSS 2023" }, { "chunk_id": "BNSS_164", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 164: Procedure where dispute concerning land or water is likely to cause breach of.]\n\n164. Procedure where dispute concerning land or water is likely to cause breach of\npeace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other\ninformation that a dispute likely to cause a breach of the peace exists concerning any land or water or the\nboundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of\nhis being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or\nby an advocate on aspecified date and time, and to put in written statements of their respective claims as\nrespects the fact of actual possession of the subject of dispute.\n(2) For the purposes of this section, the expression “land or water” includes buildings, markets,\nfisheries, crops or other produce of land, and the rents or profits of any such property.\n(3) A copy of the order shall be served in the manner provided by this Sanhita for the service of\nsummons upon such person or persons as the Magistrate may direct, and at least one copy shall be published\nby being affixed to some conspicuous place at or near the subject of dispute.\n(4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to\npossess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as\nmay be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide\nwhether any and which of the parties was, at the date of the order made by him under sub-section (1), in\npossession of the subject of dispute:\nProvided that if it appears to the Magistrate that any party has been forcibly and wrongfully\ndispossessed within two months next before the date on which the report of a police officer or other\ninformation was received by the Magistrate, or after that date and before the date of his order under\nsub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of\nhis order under sub-section (1).\n(5) Nothing in this section shall preclude any party so required to attend, or any other person interested,\nfrom showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall\ncancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation,\nthe order of the Magistrate under sub-section (1) shall be final.\n(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to\nsub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order\ndeclaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and\nforbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso\nto sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed;\n(b) the order made under this sub-section shall be served and published in the manner laid down in sub-\nsection (3).\n\n(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of\nthe deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any\nquestion arises as to who the legal representative of a deceased party for the purposes of such proceeding\nis, all persons claiming to be representatives of the deceased party shall be made parties thereto.\n(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute\nin a proceeding under this section pending before him, is subject to speedy and natural decay, he may make\nan order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make\nsuch order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.\n(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the\napplication of either party, issue a summons to any witness directing him to attend or to produce any\ndocument or thing.\n(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed\nunder section 126.", "section_number": "164", "section_title": "Procedure where dispute concerning land or water is likely to cause breach of", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 164, BNSS 2023" }, { "chunk_id": "BNSS_165", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 165: Power to attach subject of dispute and to appoint receiver.]\n\n165. Power to attach subject of dispute and to appoint receiver.— (1) If the Magistrate at any time\nafter making the order under sub-section (1) of section 164 considers the case to be one of emergency, or\nif he decides that none of the parties was then in such possession as is referred to in section 164, or if he is\nunable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may\nattach the subject of dispute until a competent Court has determined the rights of the parties thereto with\nregard to the person entitled to the possession thereof:\nProvided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is\nno longer any likelihood of breach of the peace with regard to the subject of dispute.\n(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject\nof dispute has been appointed by any Civil Court, make such arrangements as he considers proper for\nlooking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control\nof the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of\n1908):\nProvided that in the event of a receiver being subsequently appointed in relation to the subject of dispute\nby any Civil Court, the Magistrate—\n(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute\nto the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by\nhim;\n(b) may make such other incidental or consequential orders as may be just.", "section_number": "165", "section_title": "Power to attach subject of dispute and to appoint receiver", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 165, BNSS 2023" }, { "chunk_id": "BNSS_166", "text": "[Context: This section is from BNSS 2023, CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY. It covers Section 166: Dispute concerning right of use of land or water.]\n\n166. Dispute concerning right of use of land or water.— (1) Whenever an Executive Magistrate is\nsatisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach\nof the peace exists regarding any alleged right of user of any land or water within his local jurisdiction,\nwhether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the\ngrounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in\nperson or by an advocate on a specified date and time and to put in written statements of their respective\nclaims.\nExplanation.—For the purposes of this sub-section, the expression \"land or water\" has the meaning\ngiven to it in sub-section (2) of section 164.\n(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as\nmay be produced by them respectively, consider the effect of such evidence, take such further evidence, if\nany, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of\nsection 164 shall, so far as may be, apply in the case of such inquiry.\n\n(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any\ninterference with the exercise of such right, including, in a proper case, an order for the removal of any\nobstruction in the exercise of any such right:\nProvided that no such order shall be made where the right is exercisable at all times of the year, unless\nsuch right has been exercised within three months next before the receipt under sub-section (1) of the report\nof a police officer or other information leading to the institution of the inquiry, or where the right is\nexercisable only at particular seasons or on particular occasions, unless the right has been exercised during\nthe last of such seasons or on the last of such occasions before such receipt.\n(4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that\nthe dispute is as regards an alleged right of user of land or water, he may, after recording his reasons,\ncontinue with the proceedings as if they had been commenced under sub-section (1), and when in any\nproceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with\nunder section 164, he may, after recording his reasons, continue with the proceedings as if they had been\ncommenced under sub-section (1) of section 164.", "section_number": "166", "section_title": "Dispute concerning right of use of land or water", "chapter": "CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY", "act": "BNSS 2023", "source_label": "Section 166, BNSS 2023" }, { "chunk_id": "BNSS_167", "text": "[Context: This section is from BNSS 2023, CHAPTER XII PREVENTIVE ACTION OF THE POLICE. It covers Section 167: Local inquiry.]\n\n167. Local inquiry.—(1) Whenever a local inquiry is necessary for the purposes of section 164, section\n165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate\nsubordinate to him to make the inquiry, and may furnish him with such written instructions as may seem\nnecessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of\nthe inquiry shall be paid.\n(2) The report of the person so deputed may be read as evidence in the case.\n(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or\nsection 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by\nsuch party or by any other party to the proceeding, and whether in whole or in part or proportion and such\ncosts may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court\nmay consider reasonable.", "section_number": "167", "section_title": "Local inquiry", "chapter": "CHAPTER XII PREVENTIVE ACTION OF THE POLICE", "act": "BNSS 2023", "source_label": "Section 167, BNSS 2023" }, { "chunk_id": "BNSS_168", "text": "[Context: This section is from BNSS 2023, CHAPTER XII PREVENTIVE ACTION OF THE POLICE. It covers Section 168: Police to prevent cognizable offences.]\n\n168. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of\npreventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.", "section_number": "168", "section_title": "Police to prevent cognizable offences", "chapter": "CHAPTER XII PREVENTIVE ACTION OF THE POLICE", "act": "BNSS 2023", "source_label": "Section 168, BNSS 2023" }, { "chunk_id": "BNSS_169", "text": "[Context: This section is from BNSS 2023, CHAPTER XII PREVENTIVE ACTION OF THE POLICE. It covers Section 169: Information of design to commit cognizable offences.]\n\n169. Information of design to commit cognizable offences.—Every police officer receiving\ninformation of a design to commit any cognizable offence shall communicate such information to the police\nofficer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance\nof the commission of any such offence.", "section_number": "169", "section_title": "Information of design to commit cognizable offences", "chapter": "CHAPTER XII PREVENTIVE ACTION OF THE POLICE", "act": "BNSS 2023", "source_label": "Section 169, BNSS 2023" }, { "chunk_id": "BNSS_170", "text": "[Context: This section is from BNSS 2023, CHAPTER XII PREVENTIVE ACTION OF THE POLICE. It covers Section 170: Arrest to prevent commission of cognizable offences.]\n\n170. Arrest to prevent commission of cognizable offences.— (1) A police officer knowing of a design\nto commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the\nperson so designing, if it appears to such officer that the commission of the offence cannot be otherwise\nprevented.\n(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding\ntwenty-four hours from the time of his arrest unless his further detention is required or authorised under\nany other provisions of this Sanhita or of any other law for the time being in force.", "section_number": "170", "section_title": "Arrest to prevent commission of cognizable offences", "chapter": "CHAPTER XII PREVENTIVE ACTION OF THE POLICE", "act": "BNSS 2023", "source_label": "Section 170, BNSS 2023" }, { "chunk_id": "BNSS_171", "text": "[Context: This section is from BNSS 2023, CHAPTER XII PREVENTIVE ACTION OF THE POLICE. It covers Section 171: Prevention of injury to public property.]\n\n171. Prevention of injury to public property.—A police officer may of his own authority interpose\nto prevent any injury attempted to be committed in his view to any public property, movable or immovable,\nor the removal or injury of any public landmark, buoy or other mark used for navigation.", "section_number": "171", "section_title": "Prevention of injury to public property", "chapter": "CHAPTER XII PREVENTIVE ACTION OF THE POLICE", "act": "BNSS 2023", "source_label": "Section 171, BNSS 2023" }, { "chunk_id": "BNSS_172", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 172: Persons bound to conform to lawful directions of police.]\n\n172. Persons bound to conform to lawful directions of police.— (1) All persons shall be bound to\nconform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.\n\n(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to\nconform to any direction given by him under sub-section (1) and may either take such person before a\nMagistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.", "section_number": "172", "section_title": "Persons bound to conform to lawful directions of police", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 172, BNSS 2023" }, { "chunk_id": "BNSS_173", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 173: Information in cognizable cases.]\n\n173. Information in cognizable cases.—(1) Every information relating to the commission of a\ncognizable offence, irrespective of the area where the offence is committed, may be given orally or by\nelectronic communication to an officer in charge of a police station, and if given—\n(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the\ninformant; and every such information, whether given in writing or reduced to writing as aforesaid,\nshall be signed by the person giving it;\n(ii) by electronic communication, it shall be taken on record by him on being signed within three\ndays by the person giving it,\nand the substance thereof shall be entered in a book to be kept by such officer in such form as the State\nGovernment may by rules prescribe in this behalf:\nProvided that if the information is given by the woman against whom an offence under section 64,\nsection 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75,\nsection 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged\nto have been committed or attempted, then such information shall be recorded, by a woman police officer\nor any woman officer:\nProvided further that—\n(a) in the event that the person against whom an offence under section 64, section 65, section 66,\nsection 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,\nsection 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been\ncommitted or attempted, is temporarily or permanently mentally or physically disabled, then such\ninformation shall be recorded by a police officer, at the residence of the person seeking to report such\noffence or at a convenient place of such person's choice, in the presence of an interpreter or a special\neducator, as the case may be;\n(b) the recording of such information shall be videographed;\n(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a)\nof sub-section (6) of section 183 as soon as possible.\n(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost,\nto the informant or the victim.\n(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to\nthe commission of any cognizable offence, which is made punishable for three years or more but less than\nseven years, the officer in charge of the police station may with the prior permission from an officer not\nbelow the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—\n(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for\nproceeding in the matter within a period of fourteen days; or\n(ii) proceed with investigation when there exists a prima facie case.\n(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record\nthe information referred to in sub-section (1), may send the substance of such information, in writing and\nby post, to the Superintendent of Police concerned who, if satisfied that such information discloses the\n\ncommission of a cognizable offence, shall either investigate the case himself or direct an investigation to\nbe made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer\nshall have all the powers of an officer in charge of the police station in relation to that offence failing which\nsuch aggrieved person may make an application to the Magistrate.", "section_number": "173", "section_title": "Information in cognizable cases", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 173, BNSS 2023" }, { "chunk_id": "BNSS_174", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 174: Information as to non-cognizable cases and investigation of such cases.]\n\n174. Information as to non-cognizable cases and investigation of such cases.—(1) When\ninformation is given to an officer in charge of a police station of the commission within the limits of such\nstation of a non-cognizable offence, he shall enter or cause to be entered the substance of the information\nin a book to be kept by such officer in such form as the State Government may by rules prescribe in this\nbehalf, and,—\n(i) refer the informant to the Magistrate;\n(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.\n(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having\npower to try such case or commit the case for trial.\n(3) Any police officer receiving such order may exercise the same powers in respect of the investigation\n(except the power to arrest without warrant) as an officer in charge of a police station may exercise in a\ncognizable case.\n(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be\ndeemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.", "section_number": "174", "section_title": "Information as to non-cognizable cases and investigation of such cases", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 174, BNSS 2023" }, { "chunk_id": "BNSS_175", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 175: Police officer’s power to investigate cognizable case.]\n\n175. Police officer’s power to investigate cognizable case.—(1) Any officer in charge of a police\nstation may, without the order of a Magistrate, investigate any cognizable case which a Court having\njurisdiction over the local area within the limits of such station would have power to inquire into or try\nunder the provisions of Chapter XIV:\nProvided that considering the nature and gravity of the offence, the Superintendent of Police may\nrequire the Deputy Superintendent of Police to investigate the case.\n(2) No proceeding of a police officer in any such case shall at any stage be called in question on the\nground that the case was one which such officer was not empowered under this section to investigate.\n(3) Any Magistrate empowered under section 210 may, after considering the application supported by\nan affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary\nand submission made in this regard by the police officer, order such an investigation as above-mentioned.\n(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public\nservant arising in course of the discharge of his official duties, order investigation, subject to—\n(a) receiving a report containing facts and circumstances of the incident from the officer superior\nto him; and\n(b) after consideration of the assertions made by the public servant as to the situation that led to the\nincident so alleged.", "section_number": "175", "section_title": "Police officer’s power to investigate cognizable case", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 175, BNSS 2023" }, { "chunk_id": "BNSS_176", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 176: Procedure for investigation.]\n\n176. Procedure for investigation.—(1) If, from information received or otherwise, an officer in charge\nof a police station has reason to suspect the commission of an offence which he is empowered under\nsection 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take\ncognizance of such offence upon a police report and shall proceed in person, or shall depute one of his\nsubordinate officers not being below such rank as the State Government may, by general or special order,\nprescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and,\nif necessary, to take measures for the discovery and arrest of the offender:\n\nProvided that—\n(a) when information as to the commission of any such offence is given against any person by name\nand the case is not of a serious nature, the officer in charge of a police station need not proceed in\nperson or depute a subordinate officer to make an investigation on the spot;\n(b) if it appears to the officer in charge of a police station that there is no sufficient ground for\nentering on an investigation, he shall not investigate the case:\nProvided further that in relation to an offence of rape, the recording of statement of the victim shall be\nconducted at the residence of the victim or in the place of her choice and as far as practicable by a woman\npolice officer in the presence of her parents or guardian or near relatives or social worker of the locality and\nsuch statement may also be recorded through any audio-video electronic means including mobile phone.\n(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the\nofficer in charge of the police station shall state in his report the reasons for not fully complying with the\nrequirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate\nand in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the\ninformant, if any, in such manner as may be prescribed by rules made by the State Government.\n(3) On receipt of every information relating to the commission of an offence which is made punishable\nfor seven years or more, the officer in charge of a police station shall, from such date, as may be notified\nwithin a period of five years by the State Government in this regard, cause the forensic expert to visit the\ncrime scene to collect forensic evidence in the offence and also cause videography of the process on mobile\nphone or any other electronic device:\nProvided that where forensic facility is not available in respect of any such offence, the State\nGovernment shall, until the facility in respect of that matter is developed or made in the State, notify the\nutilisation of such facility of any other State.", "section_number": "176", "section_title": "Procedure for investigation", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 176, BNSS 2023" }, { "chunk_id": "BNSS_177", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 177: Report how submitted.]\n\n177. Report how submitted.—(1) Every report sent to a Magistrate under section 176 shall, if the State\nGovernment so directs, be submitted through such superior officer of police as the State Government, by\ngeneral or special order, appoints in that behalf.\n(2) Such superior officer may give such instructions to the officer in charge of the police station as he\nthinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the\nMagistrate.", "section_number": "177", "section_title": "Report how submitted", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 177, BNSS 2023" }, { "chunk_id": "BNSS_178", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 178: Power to hold investigation or preliminary inquiry.]\n\n178. Power to hold investigation or preliminary inquiry.—The Magistrate, on receiving a report\nunder section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate\nsubordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the\nmanner provided in this Sanhita.", "section_number": "178", "section_title": "Power to hold investigation or preliminary inquiry", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 178, BNSS 2023" }, { "chunk_id": "BNSS_179", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 179: Police officer's power to require attendance of witnesses.]\n\n179. Police officer's power to require attendance of witnesses.—(1) Any police officer making an\ninvestigation under this Chapter may, by order in writing, require the attendance before himself of any\nperson being within the limits of his own or any adjoining station who, from the information given or\notherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall\nattend as so required:\nProvided that no male person under the age of fifteen years or above the age of sixty years or a woman\nor a mentally or physically disabled person or a person with acute illness shall be required to attend at any\nplace other than the place in which such person resides:\nProvided further that if such person is willing to attend at the police station, such person may be\npermitted so to do.\n\n(2) The State Government may, by rules made in this behalf, provide for the payment by the police\nofficer of the reasonable expenses of every person, attending under sub-section (1) at any place other than\nhis residence.", "section_number": "179", "section_title": "Police officer's power to require attendance of witnesses", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 179, BNSS 2023" }, { "chunk_id": "BNSS_180", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 180: Examination of witnesses by police.]\n\n180. Examination of witnesses by police.—(1) Any police officer making an investigation under this\nChapter, or any police officer not below such rank as the State Government may, by general or special\norder, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person\nsupposed to be acquainted with the facts and circumstances of the case.\n(2) Such person shall be bound to answer truly all questions relating to such case put to him by such\nofficer, other than questions the answers to which would have a tendency to expose him to a criminal charge\nor to a penalty or forfeiture.\n(3) The police officer may reduce into writing any statement made to him in the course of an\nexamination under this section; and if he does so, he shall make a separate and true record of the statement\nof each such person whose statement he records:\nProvided that statement made under this sub-section may also be recorded by audio-video electronic\nmeans:\nProvided further that the statement of a woman against whom an offence under section 64, section 65,\nsection 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76,\nsection 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have\nbeen committed or attempted, shall be recorded, by a woman police officer or any woman officer.", "section_number": "180", "section_title": "Examination of witnesses by police", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 180, BNSS 2023" }, { "chunk_id": "BNSS_181", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 181: Statements to police and use thereof.]\n\n181. Statements to police and use thereof.—(1) No statement made by any person to a police officer\nin the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person\nmaking it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any\npart of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or\ntrial in respect of any offence under investigation at the time when such statement was made:\nProvided that when any witness is called for the prosecution in such inquiry or trial whose statement\nhas been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the\naccused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner\nprovided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement\nis so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only\nof explaining any matter referred to in his cross-examination.\n(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of\nclause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso\nto sub-section (2) of section 23 of that Adhiniyam.\nExplanation.—An omission to state a fact or circumstance in the statement referred to in\nsub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant\nhaving regard to the context in which such omission occurs and whether any omission amounts to a\ncontradiction in the particular context shall be a question of fact.", "section_number": "181", "section_title": "Statements to police and use thereof", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 181, BNSS 2023" }, { "chunk_id": "BNSS_182", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 182: No inducement to be offered.]\n\n182. No inducement to be offered.—(1) No police officer or other person in authority shall offer or\nmake, or cause to be offered or made, any such inducement, threat or promise as is mentioned in\nsection 22 of the Bharatiya Sakshya Adhiniyam, 2023.\n(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from\nmaking in the course of any investigation under this Chapter any statement which he may be disposed to\nmake of his own free will:\nProvided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183.", "section_number": "182", "section_title": "No inducement to be offered", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 182, BNSS 2023" }, { "chunk_id": "BNSS_183", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 183: Recording of confessions and statements.]\n\n183. Recording of confessions and statements.—(1) Any Magistrate of the District in which the\ninformation about commission of any offence has been registered, may, whether or not he has jurisdiction\nin the case, record any confession or statement made to him in the course of an investigation under this\nChapter or under any other law for the time being in force, or at any time afterwards but before the\ncommencement of the inquiry or trial:\nProvided that any confession or statement made under this sub-section may also be recorded by audio-\nvideo electronic means in the presence of the advocate of the person accused of an offence:\nProvided further that no confession shall be recorded by a police officer on whom any power of a\nMagistrate has been conferred under any law for the time being in force.\n(2) The Magistrate shall, before recording any such confession, explain to the person making it that he\nis not bound to make a confession and that, if he does so, it may be used as evidence against him; and the\nMagistrate shall not record any such confession unless, upon questioning the person making it, he has\nreason to believe that it is being made voluntarily.\n(3) If at any time before the confession is recorded, the person appearing before the Magistrate states\nthat he is not willing to make the confession, the Magistrate shall not authorise the detention of such person\nin police custody.\n(4) Any such confession shall be recorded in the manner provided in section 316 for recording the\nexamination of an accused person and shall be signed by the person making the confession; and the\nMagistrate shall make a memorandum at the foot of such record to the following effect:—\n“I have explained to (name) that he is not bound to make a confession and that, if he does so, any\nconfession he may make may be used as evidence against him and I believe that this confession was\nvoluntarily made. It was taken in my presence and hearing, and was read over to the person making it\nand admitted by him to be correct, and it contains a full and true account of the statement made by him.\n(Signed) A. B.\nMagistrate.”.\n(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such\nmanner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted\nto the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose\nstatement is so recorded.\n(6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69,\nsection 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124\nof the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom\nsuch offence has been committed in the manner specified in sub-section (5), as soon as the commission of\nthe offence is brought to the notice of the police:\nProvided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her\nabsence by a male Magistrate in the presence of a woman:\nProvided further that in cases relating to the offences punishable with imprisonment for ten years or\nmore or with imprisonment for life or with death, the Magistrate shall record the statement of the witness\nbrought before him by the police officer:\nProvided also that if the person making the statement is temporarily or permanently, mentally or\nphysically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in\nrecording the statement:\n\nProvided also that if the person making the statement is temporarily or permanently, mentally or\nphysically disabled, the statement made by the person, with the assistance of an interpreter or a special\neducator, shall be recorded through audio-video electronic means preferably by mobile phone;\n(b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or\nphysically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section\n142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined\non such statement, without the need for recording the same at the time of trial.\n(7) The Magistrate recording a confession or statement under this section shall forward it to the\nMagistrate by whom the case is to be inquired into or tried.", "section_number": "183", "section_title": "Recording of confessions and statements", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 183, BNSS 2023" }, { "chunk_id": "BNSS_184", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 184: Medical examination of victim of rape.]\n\n184. Medical examination of victim of rape.—(1) Where, during the stage when an offence of\ncommitting rape or attempt to commit rape is under investigation, it is proposed to get the person of the\nwoman with whom rape is alleged or attempted to have been committed or attempted, examined\nby a medical expert, such examination shall be conducted by a registered medical practitioner employed in\na hospital run by the Government or a local authority and in the absence of such a practitioner, by any other\nregistered medical practitioner, with the consent of such woman or of a person competent to give such\nconsent on her behalf and such woman shall be sent to such registered medical practitioner within\ntwenty-four hours from the time of receiving the information relating to the commission of such offence.\n(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her\nperson and prepare a report of his examination giving the following particulars, namely:—\n(i) the name and address of the woman and of the person by whom she was brought;\n(ii) the age of the woman;\n(iii) the description of material taken from the person of the woman for DNA profiling;\n(iv) marks of injury, if any, on the person of the woman;\n(v) general mental condition of the woman; and\n(vi) other material particulars in reasonable detail.\n(3) The report shall state precisely the reasons for each conclusion arrived at.\n(4) The report shall specifically record that the consent of the woman or of the person competent to\ngive such consent on her behalf to such examination had been obtained.\n(5) The exact time of commencement and completion of the examination shall also be noted in the\nreport.\n(6) The registered medical practitioner shall, within a period of seven days forward the report to the\ninvestigating officer who shall forward it to the Magistrate referred to in section 193 as part of the\ndocuments referred to in clause (a) of sub-section (6) of that section.\n(7) Nothing in this section shall be construed as rendering lawful any examination without the consent\nof the woman or of any person competent to give such consent on her behalf.\nExplanation.—For the purposes of this section, “examination” and “registered medical practitioner”\nshall have the same meanings as respectively assigned to them in section 51.", "section_number": "184", "section_title": "Medical examination of victim of rape", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 184, BNSS 2023" }, { "chunk_id": "BNSS_185", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 185: Search by police officer.]\n\n185. Search by police officer.—(1) Whenever an officer in charge of a police station or a police officer\nmaking an investigation has reasonable grounds for believing that anything necessary for the purposes of\nan investigation into any offence which he is authorised to investigate may be found in any place within the\nlimits of the police station of which he is in charge, or to which he is attached, and that such thing cannot\nin his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the\ngrounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which\n\nsearch is to be made, search, or cause search to be made, for such thing in any place within the limits of\nsuch station.\n(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person:\nProvided that the search conducted under this section shall be recorded through audio-video electronic\nmeans preferably by mobile phone.\n(3) If he is unable to conduct the search in person, and there is no other person competent to make the\nsearch present at the time, he may, after recording in writing his reasons for so doing, require any officer\nsubordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing,\nspecifying the place to be searched, and so far as possible, the thing for which search is to be made; and\nsuch subordinate officer may thereupon search for such thing in such place.\n(4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches\ncontained in section 103 shall, so far as may be, apply to a search made under this section.\n(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later\nthan forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and\nthe owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of\nthe same by the Magistrate.", "section_number": "185", "section_title": "Search by police officer", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 185, BNSS 2023" }, { "chunk_id": "BNSS_186", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 186: When officer in charge of police station may require another to issue search-warrant.]\n\n186. When officer in charge of police station may require another to issue search-warrant.—(1)\nAn officer in charge of a police station or a police officer not being below the rank of sub-inspector making\nan investigation may require an officer in charge of another police station, whether in the same or a different\ndistrict, to cause a search to be made in any place, in any case in which the former officer might cause such\nsearch to be made, within the limits of his own station.\n(2) Such officer, on being so required, shall proceed according to the provisions of section 185, and\nshall forward the thing found, if any, to the officer at whose request the search was made.\n(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of\nanother police station to cause a search to be made under sub-section (1) might result in evidence of the\ncommission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police\nstation or a police officer making any investigation under this Chapter to search, or cause to be searched,\nany place in the limits of another police station in accordance with the provisions of section 185, as if such\nplace were within the limits of his own police station.\n(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to\nthe officer in charge of the police station within the limits of which such place is situate, and shall also\nsend with such notice a copy of the list (if any) prepared under section 103, and shall also send to the\nnearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-\nsections (1) and (3) of section 185.\n(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a\ncopy of any record sent to the Magistrate under sub-section (4).", "section_number": "186", "section_title": "When officer in charge of police station may require another to issue search-warrant", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 186, BNSS 2023" }, { "chunk_id": "BNSS_187", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 187: Procedure when investigation cannot be completed in twenty-four hours.]\n\n187. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any\nperson is arrested and detained in custody, and it appears that the investigation cannot be completed within\nthe period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation\nor information is well-founded, the officer in charge of the police station or the police officer making the\ninvestigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate\na copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward\nthe accused to such Magistrate.\n(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of\nwhether he has or has no jurisdiction to try the case, after taking into consideration whether such person\n\nhas not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of\nthe accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole,\nor in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or\nninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case\nor commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded\nto a Magistrate having such jurisdiction.\n(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days,\nif he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of\nthe accused person in custody under this sub-section for a total period exceeding—\n(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment\nfor life or imprisonment for a term of ten years or more;\n(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said\nperiod of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if\nhe is prepared to and does furnish bail, and every person released on bail under this sub-section shall\nbe deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.\n(4) No Magistrate shall authorise detention of the accused in custody of the police under this section\nunless the accused is produced before him in person for the first time and subsequently every time till the\naccused remains in the custody of the police, but the Magistrate may extend further detention in judicial\ncustody on production of the accused either in person or through the audio-video electronic means.\n(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall\nauthorise detention in the custody of the police.\nExplanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of\nthe period specified in sub-section (3), the accused shall be detained in custody so long as he does not\nfurnish bail.\nExplanation II.—If any question arises whether an accused person was produced before the Magistrate\nas required under sub-section (4), the production of the accused person may be proved by his signature on\nthe order authorising detention or by the order certified by the Magistrate as to production of the accused\nperson through the audio-video electronic means, as the case may be:\nProvided that in case of a woman under eighteen years of age, the detention shall be authorised to be\nin the custody of a remand home or recognised social institution:\nProvided further that no person shall be detained otherwise than in police station under police custody\nor in prison under judicial custody or a place declared as prison by the Central Government or the State\nGovernment.\n(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of\nthe police station or the police officer making the investigation, if he is not below the rank of a\nsub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on\nwhom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified\nrelating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and\nthereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of\nthe accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate;\nand, on the expiry of the period of detention so authorised, the accused person shall be released on bail\nexcept where an order for further detention of the accused person has been made by a Magistrate competent\nto make such order; and, where an order for such further detention is made, the period during which the\naccused person was detained in custody under the orders made by an Executive Magistrate under this sub-\nsection, shall be taken into account in computing the period specified in sub-section (3):\n\nProvided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the\nnearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating\nto the case which was transmitted to him by the officer in charge of the police station or the police officer\nmaking the investigation, as the case may be.\n(7) A Magistrate authorising under this section detention in the custody of the police shall record his\nreasons for so doing.\n(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of\nhis order, with his reasons for making it, to the Chief Judicial Magistrate.\n(9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within\na period of six months from the date on which the accused was arrested, the Magistrate shall make an order\nstopping further investigation into the offence unless the officer making the investigation satisfies the\nMagistrate that for special reasons and in the interests of justice the continuation of the investigation beyond\nthe period of six months is necessary.\n(10) Where any order stopping further investigation into an offence has been made under\nsub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that\nfurther investigation into the offence ought to be made, vacate the order made under sub-section (9) and\ndirect further investigation to be made into the offence subject to such directions with regard to bail and\nother matters as he may specify.", "section_number": "187", "section_title": "Procedure when investigation cannot be completed in twenty-four hours", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 187, BNSS 2023" }, { "chunk_id": "BNSS_188", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 188: Report of investigation by subordinate police officer.]\n\n188. Report of investigation by subordinate police officer.—When any subordinate police officer\nhas made any investigation under this Chapter, he shall report the result of such investigation to the officer\nin charge of the police station.", "section_number": "188", "section_title": "Report of investigation by subordinate police officer", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 188, BNSS 2023" }, { "chunk_id": "BNSS_189", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 189: Release of accused when evidence deficient.]\n\n189. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it\nappears to the officer in charge of the police station that there is not sufficient evidence or reasonable round\nof suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in\ncustody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when\nso required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try\nthe accused or commit him for trial.", "section_number": "189", "section_title": "Release of accused when evidence deficient", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 189, BNSS 2023" }, { "chunk_id": "BNSS_190", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 190: Cases to be sent to Magistrate, when evidence is sufficient.]\n\n190. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under\nthis Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or\nreasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate\nempowered to take cognizance of the offence upon a police report and to try the accused or commit him for\ntrial, or, if the offence is bailable and the accused is able to give security, shall take security from him for\nhis appearance before such Magistrate on a day fixed and for his attendance from day to day before such\nMagistrate until otherwise directed:\nProvided that if the accused is not in custody, the police officer shall take security from such person for\nhis appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse\nto accept the same on the ground that the accused is not taken in custody.\n(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes\nsecurity for his appearance before such Magistrate under this section, he shall send to such Magistrate any\nweapon or other article which it may be necessary to produce before him, and shall require the complainant\n(if any) and so many of the persons who appear to such officer to be acquainted with the facts and\ncircumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as\nthereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the\naccused.\n\n(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to\ninclude any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable\nnotice of such reference is given to such complainant or persons.\n(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons\nwho executed it, and shall then send to the Magistrate the original with his report.", "section_number": "190", "section_title": "Cases to be sent to Magistrate, when evidence is sufficient", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 190, BNSS 2023" }, { "chunk_id": "BNSS_191", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 191: Complainant and witnesses not to be required to accompany police officer and not to be.]\n\n191. Complainant and witnesses not to be required to accompany police officer and not to be\nsubject to restraint.— No complainant or witness on his way to any Court shall be required to accompany\na police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any\nsecurity for his appearance other than his own bond:\nProvided that if any complainant or witness refuses to attend or to execute a bond as directed in section\n190, the officer in charge of the police station may forward him in custody to the Magistrate, who may\ndetain him in custody until he executes such bond, or until the hearing of the case is completed.", "section_number": "191", "section_title": "Complainant and witnesses not to be required to accompany police officer and not to be", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 191, BNSS 2023" }, { "chunk_id": "BNSS_192", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 192: Diary of proceedings in investigation.]\n\n192. Diary of proceedings in investigation.—(1) Every police officer making an investigation under\nthis Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at\nwhich the information reached him, the time at which he began and closed his investigation, the place or\nplaces visited by him, and a statement of the circumstances ascertained through his investigation.\n(2) The statements of witnesses recorded during the course of investigation under section 180 shall be\ninserted in the case diary.\n(3) The diary referred to in sub-section (1) shall be a volume and duly paginated.\n(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court,\nand may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.\n(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be\nentitled to see them merely because they are referred to by the Court; but, if they are used by the police\nofficer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting\nsuch police officer, the provisions of section 148 or section 164, as the case may be, of the Bharatiya\nSakshya Adhiniyam, 2023, shall apply.", "section_number": "192", "section_title": "Diary of proceedings in investigation", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 192, BNSS 2023" }, { "chunk_id": "BNSS_193", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 193: Report of police officer on completion of investigation.]\n\n193. Report of police officer on completion of investigation.—(1) Every investigation under this\nChapter shall be completed without unnecessary delay.\n(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya\nNyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual\nOffences Act, 2012 shall be completed within two months from the date on which the information was\nrecorded by the officer in charge of the police station.\n(3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward,\nincluding through electronic communication to a Magistrate empowered to take cognizance of the offence\non a police report, a report in the form as the State Government may, by rules provide, stating—\n(a) the names of the parties;\n(b) the nature of the information;\n(c) the names of the persons who appear to be acquainted with the circumstances of the case;\n(d) whether any offence appears to have been committed and, if so, by whom;\n(e) whether the accused has been arrested;\n(f) whether the accused has been released on his bond or bail bond;\n(g) whether the accused has been forwarded in custody under section 190;\n\n(h) whether the report of medical examination of the woman has been attached where investigation\nrelates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya\nSanhita, 2023;\n(i) the sequence of custody in case of electronic device;\n(ii) the police officer shall, within a period of ninety days, inform the progress of the investigation\nby any means including through electronic communication to the informant or the victim;\n(iii) the officer shall also communicate, in such manner as the State Government may, by rules,\nprovide, the action taken by him, to the person, if any, by whom the information relating to the\ncommission of the offence was first given.\n(4) Where a superior officer of police has been appointed under section 177, the report shall, in any\ncase in which the State Government by general or special order so directs, be submitted through that officer,\nand he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make\nfurther investigation.\n(5) Whenever it appears from a report forwarded under this section that the accused has been released\non his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond\nor otherwise as he thinks fit.\n(6) When such report is in respect of a case to which section 190 applies, the police officer shall forward\nto the Magistrate along with the report—\n(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than\nthose already sent to the Magistrate during investigation;\n(b) the statements recorded under section 180 of all the persons whom the prosecution proposes to\nexamine as its witnesses.\n(7) If the police officer is of opinion that any part of any such statement is not relevant to the subject\nmatter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and\nis inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting\nthe Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for\nmaking such request.\n(8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall\nalso submit such number of copies of the police report along with other documents duly indexed to the\nMagistrate for supply to the accused as required under section 230:\nProvided that supply of report and other documents by electronic communication shall be considered\nas duly served.\n(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence\nafter a report under sub-section (3) has been forwarded to the Magistrate and, where upon such\ninvestigation, the officer in charge of the police station obtains further evidence, oral or documentary, he\nshall forward to the Magistrate a further report or reports regarding such evidence in the form as the State\nGovernment may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be,\napply in relation to such report or reports as they apply in relation to a report forwarded under\nsub-section (3):\nProvided that further investigation during the trial may be conducted with the permission of the Court\ntrying the case and the same shall be completed within a period of ninety days which may be extended with\nthe permission of the Court.", "section_number": "193", "section_title": "Report of police officer on completion of investigation", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 193, BNSS 2023" }, { "chunk_id": "BNSS_194", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 194: Police to enquire and report on suicide, etc.]\n\n194. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station\nor some other police officer specially empowered by the State Government in that behalf receives\ninformation that a person has committed suicide, or has been killed by another or by an animal or by\nmachinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other\nperson has committed an offence, he shall immediately give intimation thereof to the nearest Executive\nMagistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State\nGovernment, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed\nto the place where the body of such deceased person is, and there, in the presence of two or more respectable\ninhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause\nof death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body,\nand stating in what manner, or by what weapon or instrument (if any), such marks appear to have been\ninflicted.\n(2) The report shall be signed by such police officer and other persons, or by so many of them as concur\ntherein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-\nfour hours.\n(3) When—\n(i) the case involves suicide by a woman within seven years of her marriage; or\n(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances\nraising a reasonable suspicion that some other person committed an offence in relation to such\nwoman; or\n(iii) the case relates to the death of a woman within seven years of her marriage and any relative of\nthe woman has made a request in this behalf; or\n(iv) there is any doubt regarding the cause of death; or\n(v) the police officer for any other reason considers it expedient so to do,\nhe shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with\na view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in\nthis behalf by the State Government, if the state of the weather and the distance admit of its being so\nforwarded without risk of such putrefaction on the road as would render such examination useless.\n(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-\ndivisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State\nGovernment or the District Magistrate.", "section_number": "194", "section_title": "Police to enquire and report on suicide, etc", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 194, BNSS 2023" }, { "chunk_id": "BNSS_195", "text": "[Context: This section is from BNSS 2023, CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. It covers Section 195: Power to summon persons.]\n\n195. Power to summon persons.—(1) A police officer proceeding under section 194 may, by order in\nwriting, summon two or more persons as aforesaid for the purpose of the said investigation, and any other\nperson who appears to be acquainted with the facts of the case and every person so summoned shall be\nbound to attend and to answer truly all questions other than questions the answers to which would have a\ntendency to expose him to a criminal charge or to a penalty or forfeiture:\nProvided that no male person under the age of fifteen years or above the age of sixty years or a woman\nor a mentally or physically disabled person or a person with acute illness shall be required to attend at any\nplace other than the place where such person resides:\nProvided further that if such person is willing to attend and answer at the police station, such person\nmay be permitted so to do.\n(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not\nbe required by the police officer to attend a Magistrate's Court.", "section_number": "195", "section_title": "Power to summon persons", "chapter": "CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE", "act": "BNSS 2023", "source_label": "Section 195, BNSS 2023" }, { "chunk_id": "BNSS_196", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 196: Inquiry by Magistrate into cause of death.]\n\n196. Inquiry by Magistrate into cause of death.—(1) When the case is of the nature referred to in\nclause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests\nshall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may\nhold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the\npolice officer; and if he does so, he shall have all the powers in conducting it which he would have in\nholding an inquiry into an offence.\n(2) Where,—\n(a) any person dies or disappears; or\n(b) rape is alleged to have been committed on any woman, while such person or woman is in the\ncustody of the police or in any other custody authorisedby the Magistrate or the Court, under this\nSanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the\nMagistrate within whose local jurisdiction the offence has been committed.\n(3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection\ntherewith in any manner hereinafter specified according to the circumstances of the case.\n(4) Whenever such Magistrate considers it expedient to make an examination of the dead body of any\nperson who has been already interred, in order to discover the cause of his death, the Magistrate may cause\nthe body to be disinterred and examined.\n(5) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform\nthe relatives of the deceased whose names and addresses are known, and shall allow them to remain present\nat the inquiry.\n(6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation\nunder sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view\nto its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf\nby the State Government, unless it is not possible to do so for reasons to be recorded in writing.\nExplanation.—In this section, the expression \"relative\" means parents, children, brothers, sisters and\nspouse.", "section_number": "196", "section_title": "Inquiry by Magistrate into cause of death", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 196, BNSS 2023" }, { "chunk_id": "BNSS_197", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 197: Ordinary place of inquiry and trial.]\n\n197. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried\nby a Court within whose local jurisdiction it was committed.", "section_number": "197", "section_title": "Ordinary place of inquiry and trial", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 197, BNSS 2023" }, { "chunk_id": "BNSS_198", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 198: Place of inquiry or trial.]\n\n198. Place of inquiry or trial.—(a) When it is uncertain in which of several local areas an offence was\ncommitted; or\n(b) where an offence is committed partly in one local area and partly in another; or\n(c) where an offence is a continuing one, and continues to be committed in more local areas than\none; or\n(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a\nCourt having jurisdiction over any of such local areas.", "section_number": "198", "section_title": "Place of inquiry or trial", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 198, BNSS 2023" }, { "chunk_id": "BNSS_199", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 199: Offence triable where act is done or consequence ensues.]\n\n199. Offence triable where act is done or consequence ensues.—When an act is an offence by reason\nof anything which has been done and of a consequence which has ensued, the offence may be inquired into\nor tried by a Court within whose local jurisdiction such thing has been done or such consequence has\nensued.", "section_number": "199", "section_title": "Offence triable where act is done or consequence ensues", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 199, BNSS 2023" }, { "chunk_id": "BNSS_200", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 200: Place of trial where act is an offence by reason of relation to other offence.]\n\n200. Place of trial where act is an offence by reason of relation to other offence.—When an act is\nan offence by reason of its relation to any other act which is also an offence or which would be an offence\nif the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried\nby a Court within whose local jurisdiction either act was done.", "section_number": "200", "section_title": "Place of trial where act is an offence by reason of relation to other offence", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 200, BNSS 2023" }, { "chunk_id": "BNSS_201", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 201: Place of trial in case of certain offences.]\n\n201. Place of trial in case of certain offences.—(1) Any offence of dacoity, or of dacoity with murder,\nof belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court\nwithin whose local jurisdiction the offence was committed or the accused person is found.\n(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within\nwhose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.\n(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose\nlocal jurisdiction the offence was committed or the stolen property which isthe subject of the offence was\npossessed by any person committing it or by any person who received or retained such property knowing\nor having reason to believe it to be stolen property.\n(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried\nby a Court within whose local jurisdiction the offence was committed or any part of the property which is\nthe subject of the offence was received or retained, or was required to be returned or accounted for, by the\naccused person.\n(5) Any offence which includes the possession of stolen property may be inquired into or tried by a\nCourt within whose local jurisdiction the offence was committed or the stolen property was possessed by\nany person who received or retained it knowing or having reason to believe it to be stolen property.", "section_number": "201", "section_title": "Place of trial in case of certain offences", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 201, BNSS 2023" }, { "chunk_id": "BNSS_202", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 202: Offences committed by means of electronic communications, letters, etc.]\n\n202. Offences committed by means of electronic communications, letters, etc.—(1) Any offence\nwhich includes cheating, may, if the deception is practised by means of electronic communications or letters\nor telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such\nelectronic communications or letters or messages were sent or were received; and any offence of cheating\nand dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local\njurisdiction the property was delivered by the person deceived or was received by the accused person.\n(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired\ninto or tried by a Court within whose local jurisdiction the offence was committed or the offender last\nresided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent\nresidence after the commission of the offence.", "section_number": "202", "section_title": "Offences committed by means of electronic communications, letters, etc", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 202, BNSS 2023" }, { "chunk_id": "BNSS_203", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 203: Offence committed on journey or voyage.]\n\n203. Offence committed on journey or voyage.—When an offence is committed whilst the person by\nor against whom, or the thing in respect of which, the offence is committed is in the course of performing\na journey or voyage, the offence may be inquired into or tried by a Court through or into whose local\njurisdiction that person or thing passed in the course of that journey or voyage.", "section_number": "203", "section_title": "Offence committed on journey or voyage", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 203, BNSS 2023" }, { "chunk_id": "BNSS_204", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 204: Place of trial for offences triable together.]\n\n204. Place of trial for offences triable together.—Where—\n(a) the offences committed by any person are such that he may be charged with, and tried at one\ntrial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or\n(b) the offence or offences committed by several persons are such that they may be charged with\nand tried together by virtue of the provisions of section 246, the offences may be inquired into or tried\nby any Court competent to inquire into or try any of the offences.", "section_number": "204", "section_title": "Place of trial for offences triable together", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 204, BNSS 2023" }, { "chunk_id": "BNSS_205", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 205: Power to order cases to be tried in different sessions divisions.]\n\n205. Power to order cases to be tried in different sessions divisions.—Notwithstanding anything\ncontained in the preceding provisions of this Chapter, the State Government may direct that any case or\nclass of cases committed for trial in any district may be tried in any sessions division:\nProvided that such direction is not repugnant to any direction previously issued by the High Court or\nthe Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force.", "section_number": "205", "section_title": "Power to order cases to be tried in different sessions divisions", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 205, BNSS 2023" }, { "chunk_id": "BNSS_206", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.]\n\n206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—\nWhere two or more Courts have taken cognizance of the same offence and a question arises as to which of\nthem ought to inquire into or try that offence, the question shall be decided—\n(a) if the Courts are subordinate to the same High Court, by that High Court;\n(b) if the Courts are not subordinate to the same High Court, by the High Court within the local\nlimits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon\nall other proceedings in respect of that offence shall be discontinued.", "section_number": "206", "section_title": "High Court to decide, in case of doubt, district where inquiry or trial shall take place", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 206, BNSS 2023" }, { "chunk_id": "BNSS_207", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 207: Power to issue summons or warrant for offence committed beyond local jurisdiction.]\n\n207. Power to issue summons or warrant for offence committed beyond local jurisdiction.—(1)\nWhen a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has\ncommitted outside such jurisdiction (whether within or outside India) an offence which cannot, under the\nprovisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired\ninto or tried within such jurisdiction but is under any law for the time being in force triable in India, such\nMagistrate may inquire into the offence as if it had been committed within such local jurisdiction and\ncompel such person in the manner hereinbefore provided to appear before him, and send such person to the\nMagistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with\ndeath or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the\nMagistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate\nhaving such jurisdiction.\n(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under\nthis section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or\nbound to appear, the case shall be reported for the orders of the High Court.", "section_number": "207", "section_title": "Power to issue summons or warrant for offence committed beyond local jurisdiction", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 207, BNSS 2023" }, { "chunk_id": "BNSS_208", "text": "[Context: This section is from BNSS 2023, CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS. It covers Section 208: Offence committed outside India.]\n\n208. Offence committed outside India.—When an offence is committed outside India—\n(a) by a citizen of India, whether on the high seas or elsewhere; or\n(b) by a person, not being such citizen, on any ship or aircraft registered in India,\nhe may be dealt with in respect of such offence as if it had been committed at any place within India at\nwhich he may be found or where the offence is registered in India:\nProvided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence\nshall be inquired into or tried in India except with the previous sanction of the Central Government.", "section_number": "208", "section_title": "Offence committed outside India", "chapter": "CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 208, BNSS 2023" }, { "chunk_id": "BNSS_209", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 209: Receipt of evidence relating to offences committed outside India.]\n\n209. Receipt of evidence relating to offences committed outside India.—When any offence alleged\nto have been committed in a territory outside India is being inquired into or tried under the provisions of\nsection 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits\nproduced, either in physical form or in electronic form, before a judicial officer, in or for that territory or\nbefore a diplomatic or consular representative of India in or for that territory shall be received as evidence\nby the Court holding such inquiry or trial in any case in which such Court might issue a commission for\ntaking evidence as to the matters to which such depositions or exhibits relate.", "section_number": "209", "section_title": "Receipt of evidence relating to offences committed outside India", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 209, BNSS 2023" }, { "chunk_id": "BNSS_210", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 210: Cognizance of offences by Magistrate.]\n\n210. Cognizance of offences by Magistrate.—(1) Subject to the provisions of this Chapter, any\nMagistrate of the first class, and any Magistrate of the second class specially empowered in this behalf\nunder sub-section (2), may take cognizance of any offence—\n(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under\nany special law, which constitutes such offence;\n(b) upon a police report (submitted in any mode including electronic mode) of such facts;\n\n(c) upon information received from any person other than a police officer, or upon his own\nknowledge, that such offence has been committed.\n(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance\nunder sub-section (1) of such offences as are within his competence to inquire into or try.", "section_number": "210", "section_title": "Cognizance of offences by Magistrate", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 210, BNSS 2023" }, { "chunk_id": "BNSS_211", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 211: Transfer on application of accused.]\n\n211. Transfer on application of accused.—When a Magistrate takes cognizance of an offence under\nclause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed\nthat he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of\nthe accused, if there be more than one, objects to further proceedings before the Magistrate taking\ncognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial\nMagistrate in this behalf.", "section_number": "211", "section_title": "Transfer on application of accused", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 211, BNSS 2023" }, { "chunk_id": "BNSS_212", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 212: Making over of cases to Magistrates.]\n\n212. Making over of cases to Magistrates.—(1) Any Chief Judicial Magistrate may, after taking\ncognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate\nto him.\n(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may,\nafter taking cognizance of an offence, make over the case for inquiry or trial to such other competent\nMagistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such\nMagistrate may hold the inquiry or trial.", "section_number": "212", "section_title": "Making over of cases to Magistrates", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 212, BNSS 2023" }, { "chunk_id": "BNSS_213", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 213: Cognizance of offences by Court of Session.]\n\n213. Cognizance of offences by Court of Session.—Except as otherwise expressly provided by this\nSanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any\noffence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under\nthis Sanhita.", "section_number": "213", "section_title": "Cognizance of offences by Court of Session", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 213, BNSS 2023" }, { "chunk_id": "BNSS_214", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 214: Additional Sessions Judges to try cases made over to them.]\n\n214. Additional Sessions Judges to try cases made over to them.—An Additional Sessions Judge\nshall try such cases as the Sessions Judge of the division may, by general or special order, make over to\nhim for trial or as the High Court may, by special order, direct him to try.", "section_number": "214", "section_title": "Additional Sessions Judges to try cases made over to them", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 214, BNSS 2023" }, { "chunk_id": "BNSS_215", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 215: Prosecution for contempt of lawful authority of public servants, for offences against public.]\n\n215. Prosecution for contempt of lawful authority of public servants, for offences against public\njustice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance—\n(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section\n209) of the Bharatiya Nyaya Sanhita, 2023; or\n(ii) of any abetment of, or attempt to commit, such offence; or\n(iii) of any criminal conspiracy to commit such offence,\nexcept on the complaint in writing of the public servant concerned or of some other public servant to\nwhom he is administratively subordinate or of some other public servant who is authorised by the\nconcerned public servant so to do;\n(b) (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya\nSanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and\n267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any\nCourt; or\n(ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2)\nof section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed\nin respect of a document produced or given in evidence in a proceeding in any Court; or\n(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence\nspecified in sub-clause (i) or sub-clause (ii),\nexcept on the complaint in writing of that Court or by such officer of the Court as that Court may authorise\nin writing in this behalf, or of some other Court to which that Court is subordinate.", "section_number": "215", "section_title": "Prosecution for contempt of lawful authority of public servants, for offences against public", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 215, BNSS 2023" }, { "chunk_id": "BNSS_216", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 216: Procedure for witnesses in case of threatening, etc.]\n\n216. Procedure for witnesses in case of threatening, etc.—A witness or any other person may file a\ncomplaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.", "section_number": "216", "section_title": "Procedure for witnesses in case of threatening, etc", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 216, BNSS 2023" }, { "chunk_id": "BNSS_217", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 217: Prosecution for offences against State and for criminal conspiracy to commit such.]\n\n217. Prosecution for offences against State and for criminal conspiracy to commit such\noffence.—(1) No Court shall take cognizance of—\n(a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1)\nof section 353 of the Bharatiya Nyaya Sanhita, 2023; or\n(b) a criminal conspiracy to commit such offence; or\n(c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except\nwith the previous sanction of the Central Government or of the State Government.\n(2) No Court shall take cognizance of—\n(a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353\nof the Bharatiya Nyaya Sanhita, 2023; or\n(b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central\nGovernment or of the State Government or of the District Magistrate.\n(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under\nsub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to\ncommit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two\nyears or upwards, unless the State Government or the District Magistrate has consented in writing to the\ninitiation of the proceedings:\nProvided that where the criminal conspiracy is one to which the provisions of section 215 apply, no\nsuch consent shall be necessary.\n(4) The Central Government or the State Government may, before according sanction under\nsub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under\nsub-section (2) and the State Government or the District Magistrate may, before giving consent under\nsub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector,\nin which case such police officer shall have the powers referred to in sub-section (3) of section 174.", "section_number": "217", "section_title": "Prosecution for offences against State and for criminal conspiracy to commit such", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 217, BNSS 2023" }, { "chunk_id": "BNSS_218", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 218: Prosecution of Judges and public servants.]\n\n218. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or\nMagistrate or a public servant not removable from his office save by or with the sanction of the Government\nis accused of any offence alleged to have been committed by him while acting or purporting to act in the\ndischarge of his official duty, no Court shall take cognizance of such offence except with the previous\nsanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)—\n(a) in the case of a person who is employed or, as the case may be, was at the time of commission\nof the alleged offence employed, in connection with the affairs of the Union, of the Central\nGovernment;\n(b) in the case of a person who is employed or, as the case may be, was at the time of commission\nof the alleged offence employed, in connection with the affairs of a State, of the State Government:\nProvided that where the alleged offence was committed by a person referred to in clause (b) during the\nperiod while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a\nState, clause (b) will apply as if for the expression \"State Government\" occurring therein, the expression\n“Central Government” were substituted:\nProvided further that such Government shall take a decision within a period of one hundred and twenty\ndays from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall\nbe deemed to have been accorded by such Government:\n\nProvided also that no sanction shall be required in case of a public servant accused of any offence\nalleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70,\nsection 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or\nsection 200 of the Bharatiya Nyaya Sanhita, 2023.\n(2) No Court shall take cognizance of any offence alleged to have been committed by any member of\nthe Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except\nwith the previous sanction of the Central Government.\n(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply\nto such class or category of the members of the Forces charged with the maintenance of public order as\nmay be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section\nwill apply as if for the expression \"Central Government\" occurring therein, the expression \"State\nGovernment\" were substituted.\n(4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any\noffence, alleged to have been committed by any member of the Forces charged with the maintenance of\npublic order in a State while acting or purporting to act in the discharge of his official duty during the period\nwhile a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except\nwith the previous sanction of the Central Government.\n(5) The Central Government or the State Government, may determine the person by whom, the manner\nin which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant\nis to be conducted, and may specify the Court before which the trial is to be held.", "section_number": "218", "section_title": "Prosecution of Judges and public servants", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 218, BNSS 2023" }, { "chunk_id": "BNSS_219", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 219: Prosecution for offences against marriage.]\n\n219. Prosecution for offences against marriage.—(1) No Court shall take cognizance of an offence\npunishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a\ncomplaint made by some person aggrieved by the offence:\nProvided that—\n(a) where such person is a child, or is of unsound mind or is having intellectual disability requiring\nhigher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who,\naccording to the local customs and manners, ought not to be compelled to appear in public, some other\nperson may, with the leave of the Court, make a complaint on his or her behalf;\n(b) where such person is the husband and he is serving in any of the Armed Forces of the Union\nunder conditions which are certified by his Commanding Officer as precluding him from obtaining\nleave of absence to enable him to make a complaint in person, some other person authorised by the\nhusband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;\n(c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya\nSanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister,\nson or daughter or by her father's or mother's brother or sister, or, with the leave of the Court, by any\nother person related to her by blood, marriage or adoption.\n(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed\nto be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023.\n(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought\nto be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or\ndeclared by a competent authority to be the guardian of the child, or of the person of unsound mind, and\nthe Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the\napplication for leave, cause notice to be given to such guardian and give him a reasonable opportunity of\nbeing heard.\n\n(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall\nbe signed or otherwise attested by the husband, shall contain a statement to the effect that he has been\ninformed of the allegations upon which the complaint is to be founded, shall be countersigned by his\nCommanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that\nleave of absence for the purpose of making a complaint in person cannot for the time being be granted to\nthe husband.\n(5) Any document purporting to be such an authorisation and complying with the provisions of\nsub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless\nthe contrary is proved, be presumed to be genuine and shall be received in evidence.\n(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita,\n2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under\neighteen years of age, if more than one year has elapsed from the date of the commission of the offence.", "section_number": "219", "section_title": "Prosecution for offences against marriage", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 219, BNSS 2023" }, { "chunk_id": "BNSS_220", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 220: Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.]\n\n220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.— No Court shall\ntake cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except\nupon a police report of facts which constitute such offence or upon a complaint made by the person\naggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or\nsister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.", "section_number": "220", "section_title": "Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 220, BNSS 2023" }, { "chunk_id": "BNSS_221", "text": "[Context: This section is from BNSS 2023, CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS. It covers Section 221: Cognizance of offence.]\n\n221. Cognizance of offence.— No Court shall take cognizance of an offence punishable under\nsection 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except\nupon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed\nor made by the wife against the husband.", "section_number": "221", "section_title": "Cognizance of offence", "chapter": "CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 221, BNSS 2023" }, { "chunk_id": "BNSS_222", "text": "[Context: This section is from BNSS 2023, CHAPTER XVI COMPLAINTS TO MAGISTRATES. It covers Section 222: Prosecution for defamation.]\n\n222. Prosecution for defamation.—(1) No Court shall take cognizance of an offence punishable under\nsection 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved\nby the offence:\nProvided that where such person is a child, or is of unsound mind or is having intellectual disability or\nis from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs\nand manners, ought not to be compelled to appear in public, some other person may, with the leave of the\nCourt, make a complaint on his or her behalf.\n(2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of\nthe Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of\nsuch commission, is the President of India, the Vice-President of India, the Governor of a State, the\nAdministrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any\nother public servant employed in connection with the affairs of the Union or of a State in respect of his\nconduct in the discharge of his public functions, a Court of Session may take cognizance of such offence,\nwithout the case being committed to it, upon a complaint in writing made by the Public Prosecutor.\n(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence\nalleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to\nthe accused of the offence alleged to have been committed by him.\n(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous\nsanction—\n(a) of the State Government,—\n(i) in the case of a person who is or has been the Governor of that State or a Minister of that\nGovernment;\n(ii) in the case of any other public servant employed in connection with the affairs of the State;\n(b) of the Central Government, in any other case.\n\n(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint\nis made within six months from the date on which the offence is alleged to have been committed.\n(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to\nhave been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction\nor the power of such Magistrate to take cognizance of the offence upon such complaint.", "section_number": "222", "section_title": "Prosecution for defamation", "chapter": "CHAPTER XVI COMPLAINTS TO MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 222, BNSS 2023" }, { "chunk_id": "BNSS_223", "text": "[Context: This section is from BNSS 2023, CHAPTER XVI COMPLAINTS TO MAGISTRATES. It covers Section 223: Examination of complainant.]\n\n223. Examination of complainant.—(1) A Magistrate having jurisdiction while taking cognizance of\nan offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the\nsubstance of such examination shall be reduced to writing and shall be signed by the complainant and the\nwitnesses, and also by the Magistrate:\nProvided that no cognizance of an offence shall be taken by the Magistrate without giving the accused\nan opportunity of being heard:\nProvided further that when the complaint is made in writing, the Magistrate need not examine the\ncomplainant and the witnesses—\n(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court\nhas made the complaint; or\n(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under\nsection 212:\nProvided also that if the Magistrate makes over the case to another Magistrate under section 212 after\nexamining the complainant and the witnesses, the latter Magistrate need not re-examine them.\n(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence\nalleged to have been committed in course of the discharge of his official functions or duties unless—\n(a) such public servant is given an opportunity to make assertions as to the situation that led to the\nincident so alleged; and\n(b) a report containing facts and circumstances of the incident from the officer superior to such\npublic servant is received.", "section_number": "223", "section_title": "Examination of complainant", "chapter": "CHAPTER XVI COMPLAINTS TO MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 223, BNSS 2023" }, { "chunk_id": "BNSS_224", "text": "[Context: This section is from BNSS 2023, CHAPTER XVI COMPLAINTS TO MAGISTRATES. It covers Section 224: Procedure by Magistrate not competent to take cognizance of case.]\n\n224. Procedure by Magistrate not competent to take cognizance of case.—If the complaint is made\nto a Magistrate who is not competent to take cognizance of the offence, he shall,—\n(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement\nto that effect;\n(b) if the complaint is not in writing, direct the complainant to the proper Court.", "section_number": "224", "section_title": "Procedure by Magistrate not competent to take cognizance of case", "chapter": "CHAPTER XVI COMPLAINTS TO MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 224, BNSS 2023" }, { "chunk_id": "BNSS_225", "text": "[Context: This section is from BNSS 2023, CHAPTER XVI COMPLAINTS TO MAGISTRATES. It covers Section 225: Postponement of issue of process.]\n\n225. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence\nof which he is authorised to take cognizance or which has been made over to him under section 212, may,\nif he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he\nexercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case\nhimself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for\nthe purpose of deciding whether or not there is sufficient ground for proceeding:\nProvided that no such direction for investigation shall be made,—\n(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the\nCourt of Session; or\n\n(b) where the complaint has not been made by a Court, unless the complainant and the witnesses\npresent (if any) have been examined on oath under section 223.\n(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses\non oath:\nProvided that if it appears to the Magistrate that the offence complained of is triable exclusively by the\nCourt of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.\n(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall\nhave for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station\nexcept the power to arrest without warrant.", "section_number": "225", "section_title": "Postponement of issue of process", "chapter": "CHAPTER XVI COMPLAINTS TO MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 225, BNSS 2023" }, { "chunk_id": "BNSS_226", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 226: Dismissal of complaint.]\n\n226. Dismissal of complaint.—If, after considering the statements on oath (if any) of the complainant\nand of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate\nis of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every\nsuch case he shall briefly record his reasons for so doing.", "section_number": "226", "section_title": "Dismissal of complaint", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 226, BNSS 2023" }, { "chunk_id": "BNSS_227", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 227: Issue of process.]\n\n227. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is\nsufficient ground for proceeding, and the case appears to be—\n(a) a summons-case, he shall issue summons to the accused for his attendance; or\n(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused\nto be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself)\nsome other Magistrate having jurisdiction:\nProvided that summons or warrants may also be issued through electronic means.\n(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the\nprosecution witnesses has been filed.\n(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued\nunder sub-section (1) shall be accompanied by a copy of such complaint.\n(4) When by any law for the time being in force any process-fees or other fees are payable, no process\nshall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate\nmay dismiss the complaint.\n(5) Nothing in this section shall be deemed to affect the provisions of section 90.", "section_number": "227", "section_title": "Issue of process", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 227, BNSS 2023" }, { "chunk_id": "BNSS_228", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 228: Magistrate may dispense with personal attendance of accused.]\n\n228. Magistrate may dispense with personal attendance of accused.—(1) Whenever a Magistrate\nissues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused\nand permit him to appear by his advocate.\n(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the\nproceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the\nmanner hereinbefore provided.", "section_number": "228", "section_title": "Magistrate may dispense with personal attendance of accused", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 228, BNSS 2023" }, { "chunk_id": "BNSS_229", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 229: Special summons in cases of petty offence.]\n\n229. Special summons in cases of petty offence.—(1) If, in the opinion of a Magistrate taking\ncognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the\nMagistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue\nsummons to the accused requiring him either to appear in person or by an advocate before the Magistrate\non a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate,\n\nto transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and\nthe amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty\nto the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on\nhis behalf and to pay the fine through such advocate:\nProvided that the amount of the fine specified in such summons shall not exceed five thousand rupees.\n(2) For the purposes of this section, “petty offence” means any offence punishable only with fine not\nexceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles\nAct, 1988 (59 of 1988), or under any other law which provides for convicting the accused person in his\nabsence on a plea of guilty.\n(3) The State Government may, by notification, specially empower any Magistrate to exercise the\npowers conferred by sub-section (1) in relation to any offence which is compoundable under section 359\nor any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with\nboth where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the\nimposition of fine only would meet the ends of justice.", "section_number": "229", "section_title": "Special summons in cases of petty offence", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 229, BNSS 2023" }, { "chunk_id": "BNSS_230", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 230: Supply to accused of copy of police report and other documents.]\n\n230. Supply to accused of copy of police report and other documents.—In any case where the\nproceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond\nfourteen days from the date of production or appearance of the accused, furnish to the accused and the\nvictim (if represented by an advocate) free of cost, a copy of each of the following:—\n(i) the police report;\n(ii) the first information report recorded under section 173;\n(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the\nprosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a\nrequest for such exclusion has been made by the police officer under sub-section (7) of section 193;\n(iv) the confessions and statements, if any, recorded under section 183;\n(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report\nunder sub-section (6) of section 193:\nProvided that the Magistrate may, after perusing any such part of a statement as is referred to in\nclause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that\npart of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the\naccused:\nProvided further that if the Magistrate is satisfied that any such document is voluminous, he shall,\ninstead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may\nfurnish the copies through electronic means or direct that he will only be allowed to inspect it either\npersonally or through an advocate in Court:\nProvided also that supply of documents in electronic form shall be considered as duly furnished.", "section_number": "230", "section_title": "Supply to accused of copy of police report and other documents", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 230, BNSS 2023" }, { "chunk_id": "BNSS_231", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 231: Supply of copies of statements and documents to accused in other cases triable by Court of.]\n\n231. Supply of copies of statements and documents to accused in other cases triable by Court of\nSession.—Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing\nprocess under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate\nshall forthwith furnish to the accused, free of cost, a copy of each of the following:—\n\n(i) the statements recorded under section 223 or section 225, of all persons examined by the\nMagistrate;\n(ii) the statements and confessions, if any, recorded under section 180 or section 183;\n(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:\nProvided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of\nfurnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally\nor through an advocate in Court:\nProvided further that supply of documents in electronic form shall be considered as duly furnished.", "section_number": "231", "section_title": "Supply of copies of statements and documents to accused in other cases triable by Court of", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 231, BNSS 2023" }, { "chunk_id": "BNSS_232", "text": "[Context: This section is from BNSS 2023, CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES. It covers Section 232: Commitment of case to Court of Session when offence is triable exclusively by it.]\n\n232. Commitment of case to Court of Session when offence is triable exclusively by it.—When in\na case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate\nand it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—\n(a) commit, after complying with the provisions of section 230 or section 231 the case to the Court\nof Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody\nuntil such commitment has been made;\n(b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during,\nand until the conclusion of, the trial;\n(c) send to that Court the record of the case and the documents and articles, if any, which are to be\nproduced in evidence;\n(d) notify the Public Prosecutor of the commitment of the case to the Court of Session:\nProvided that the proceedings under this section shall be completed within a period of ninety days from\nthe date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding\none hundred and eighty days for the reasons to be recorded in writing:\nProvided further that any application filed before the Magistrate by the accused or the victim or any\nperson authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of\nSession with the committal of the case.", "section_number": "232", "section_title": "Commitment of case to Court of Session when offence is triable exclusively by it", "chapter": "CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 232, BNSS 2023" }, { "chunk_id": "BNSS_233", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 233: Procedure to be followed when there is a complaint case and police investigation in respect.]\n\n233. Procedure to be followed when there is a complaint case and police investigation in respect\nof same offence.—(1) When in a case instituted otherwise than on a police report (hereinafter referred to\nas a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by\nhim, that an investigation by the police is in progress in relation to the offence which is the\nsubject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry\nor trial and call for a report on the matter from the police officer conducting the investigation.\n(2) If a report is made by the investigating police officer under section 193 and on such report\ncognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint\ncase, the Magistrate shall inquire into or try together the complaint case and the case arising out of the\npolice report as if both the cases were instituted on a police report.\n(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not\ntake cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was\nstayed by him, in accordance with the provisions of this Sanhita.\n\nA.—Form of charges", "section_number": "233", "section_title": "Procedure to be followed when there is a complaint case and police investigation in respect", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 233, BNSS 2023" }, { "chunk_id": "BNSS_234", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 234: Contents of charge.]\n\n234. Contents of charge.—(1) Every charge under this Sanhita shall state the offence with which the\naccused is charged.\n(2) If the law which creates the offence gives it any specific name, the offence may be described in the\ncharge by that name only.\n(3) If the law which creates the offence does not give it any specific name, so much of the definition of\nthe offence must be stated as to give the accused notice of the matter with which he is charged.\n(4) The law and section of the law against which the offence is said to have been committed shall be\nmentioned in the charge.\n(5) The fact that the charge is made is equivalent to a statement that every legal condition required by\nlaw to constitute the offence charged was fulfilled in the particular case.\n(6) The charge shall be written in the language of the Court.\n(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous\nconviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it\nis intended to prove such previous conviction for the purpose of affecting the punishment which the Court\nmay think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall\nbe stated in the charge; and if such statement has been omitted, the Court may add it at any time before\nsentence is passed.\nIllustrations.\n(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the\ndefinition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall\nwithin any of the general exceptions of the said Sanhita; and that it did not fall within any of the five\nexceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos\nto that exception applied to it.\n(b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with\nvoluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a\nstatement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that\nthe general exceptions did not apply to it.\n(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property-\nmark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal\nintimidation, or that he used a false propertymark, without reference to the definitions, of those crimes\ncontained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable\nmust, in each instance be referred to in the charge.\n(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing\na sale of property offered for sale by the lawful authority of a public servant. The charge should be in those\nwords.", "section_number": "234", "section_title": "Contents of charge", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 234, BNSS 2023" }, { "chunk_id": "BNSS_235", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 235: Particulars as to time, place and person.]\n\n235. Particulars as to time, place and person.—(1) The charge shall contain such particulars as to\nthe time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in\nrespect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter\nwith which he is charged.\n(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money\nor other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe\n\nthe movable property in respect of which the offence is alleged to have been committed, and the dates\nbetween which the offence is alleged to have been committed, without specifying particular items or exact\ndates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of\nsection 242:\nProvided that the time included between the first and last of such dates shall not exceed one year.", "section_number": "235", "section_title": "Particulars as to time, place and person", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 235, BNSS 2023" }, { "chunk_id": "BNSS_236", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 236: When manner of committing offence must be stated.]\n\n236. When manner of committing offence must be stated.—When the nature of the case is such that\nthe particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter\nwith which he is charged, the charge shall also contain such particulars of the manner in which the alleged\noffence was committed as will be sufficient for that purpose.\nIllustrations.\n(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out\nthe manner in which the theft was effected.\n(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which\nA cheated B.\n(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion\nof the evidence given by A which is alleged to be false.\n(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given\ntime and place. The charge must set out the manner in which A obstructed B in the discharge of his\nfunctions.\n(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in\nwhich A murdered B.\n(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge\nmust set out the disobedience charged and the law infringed.", "section_number": "236", "section_title": "When manner of committing offence must be stated", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 236, BNSS 2023" }, { "chunk_id": "BNSS_237", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 237: Words in charge taken in sense of law under which offence is punishable.]\n\n237. Words in charge taken in sense of law under which offence is punishable.—In every charge\nwords used in describing an offence shall be deemed to have been used in the sense attached to them\nrespectively by the law under which such offence is punishable.", "section_number": "237", "section_title": "Words in charge taken in sense of law under which offence is punishable", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 237, BNSS 2023" }, { "chunk_id": "BNSS_238", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 238: Effect of errors.]\n\n238. Effect of errors.—No error in stating either the offence or the particulars required to be stated in\nthe charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the\ncase as material, unless the accused was in fact misled by such error or omission, and it has occasioned a\nfailure of justice.\nIllustrations.\n(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in\npossession of counterfeit coin, having known at the time when he became possessed thereof that such coin\nwas counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact\nmisled by this omission, the error shall not be regarded as material.\n(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or\nis set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The\nCourt may infer from this that the omission to set out the manner of the cheating is not material.\n(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge.\nThere were many transactions between A and B, and A had no means of knowing to which of them the\ncharge referred, and offered no defence. The Court may infer from such facts that the omission to set out\nthe manner of the cheating was, in the case, a material error.\n\n(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered\nperson's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never\ncharged with any murder but one, and had heard the inquiry before the Magistrate, which referred\nexclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and\nthat the error in the charge was immaterial.\n(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who\ntried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar\nBaksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses\nin the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was\nmaterial.", "section_number": "238", "section_title": "Effect of errors", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 238, BNSS 2023" }, { "chunk_id": "BNSS_239", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 239: Court may alter charge.]\n\n239. Court may alter charge.—(1) Any Court may alter or add to any charge at any time before\njudgment is pronounced.\n(2) Every such alteration or addition shall be read and explained to the accused.\n(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not\nlikely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct\nof the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with\nthe trial as if the altered or added charge had been the original charge.\n(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion\nof the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial\nor adjourn the trial for such period as may be necessary.\n(5) If the offence stated in the altered or added charge is one for the prosecution of which previous\nsanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction\nhas been already obtained for a prosecution on the same facts as those on which the altered or added charge\nis founded.", "section_number": "239", "section_title": "Court may alter charge", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 239, BNSS 2023" }, { "chunk_id": "BNSS_240", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 240: Recall of witnesses when charge altered.]\n\n240. Recall of witnesses when charge altered.—Whenever a charge is altered or added to by the Court\nafter the commencement of the trial, the prosecutor and the accused shall be allowed—\n(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness\nwho may have been examined, unless the Court, for reasons to be recorded in writing, considers that\nthe prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the\npurpose of vexation or delay or for defeating the ends of justice;\n(b) also to call any further witness whom the Court may think to be material.\nB.—Joinder of charges", "section_number": "240", "section_title": "Recall of witnesses when charge altered", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 240, BNSS 2023" }, { "chunk_id": "BNSS_241", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 241: Separate charges for distinct offences.]\n\n241. Separate charges for distinct offences.—(1) For every distinct offence of which any person is\naccused there shall be a separate charge, and every such charge shall be tried separately:\nProvided that where the accused person, by an application in writing, so desires and the Magistrate is\nof opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any\nnumber of the charges framed against such person.\n(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244\nand 246.\nIllustration.\nA is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be\nseparately charged and separately tried for the theft and causing grievous hurt.", "section_number": "241", "section_title": "Separate charges for distinct offences", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 241, BNSS 2023" }, { "chunk_id": "BNSS_242", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 242: Offences of same kind within year may be charged together.]\n\n242. Offences of same kind within year may be charged together.— (1) When a person is accused\nof more offences than one of the same kind committed within the space of twelve months from the first to\nthe last of such offences, whether in respect of the same person or not, he may be charged with, and tried\nat one trial for, any number of them not exceeding five.\n(2) Offences are of the same kind when they are punishable with the same amount of punishment under\nthe same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:\nProvided that for the purposes of this section, an offence punishable under sub-section (2) of\nsection 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an\noffence punishable under section 305 of the said Sanhita, and that an offence punishable under any section\nof the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an\nattempt to commit such offence, when such an attempt is an offence.", "section_number": "242", "section_title": "Offences of same kind within year may be charged together", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 242, BNSS 2023" }, { "chunk_id": "BNSS_243", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 243: Trial for more than one offence.]\n\n243. Trial for more than one offence.—(1) If, in one series of acts so connected together as to form\nthe same transaction, more offences than one are committed by the same person, he may be charged with,\nand tried at one trial for, every such offence.\n(2) When a person charged with one or more offences of criminal breach of trust or dishonest\nmisappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of\nsection 242, is accused of committing, for the purpose of facilitating or concealing the commission of that\noffence or those offences, one or more offences of falsification of accounts, he may be charged with, and\ntried at one trial for, every such offence.\n(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law\nin force for the time being by which offences are defined or punished, the person accused of them may be\ncharged with, and tried at one trial for, each of such offences.\n(4) If several acts, of which one or more than one would by itself or themselves constitute an offence,\nconstitute when combined a different offence, the person accused of them may be charged with, and tried\nat one trial for the offence constituted by such acts when combined, and for any offence constituted by any\none, or more, of such acts.\n(5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023.\nIllustrations to sub-section (1)\n(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in\nwhose custody B was. A may be charged with, and convicted of, offences under sub-section (2) of\nsection 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023.\n(b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered,\nrape with B's wife. A may be separately charged with, and convicted of, offences under section 64 and sub-\nsection (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023.\n(c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for\nthe purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita,\n2023 ,A may be separately charged with, and convicted of, the possession of each seal under\nsub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023.\n(d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there\nis no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence,\nknowing that there is no just or lawful ground for such charge. A may be separately charged with, and\nconvicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023.\n(e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing\nthat there is no just or lawful ground for such charge. On the trial, A gives false evidence against B,\n\nintending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and\nconvicted of, offences under sections 230 and 248 of the Bharatiya Nyaya Sanhita, 2023.\n(f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant\nendeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with,\nand convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section\n195 of the Bharatiya Nyaya Sanhita, 2023.\n(g) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to\nthem. A may be separately charged with, and convicted of, each of the three offences under\nsub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023.\nThe separate charges referred to in illustrations (a) to (g), respectively, may be tried at the same time.\nIllustrations to sub-section (3)\n(h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences\nunder sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya Sanhita, 2023.\n(i) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the\npurpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the\nbottom of a grain-pit. A and B may be separately charged with, and convicted of, offences under\nsub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023.\n(j) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies\nin consequence of such exposure. A may be separately charged with, and convicted of, offences under\nsections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023.\n(k) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant,\nof an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with,\nand convicted of, offences under section 233 and sub-section (2) of section 340 (read with section 337) of\nthat Sanhita.\nIllustration to sub-section (4)\n(l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged\nwith, and convicted of, offences under sub-section (2) of section 115 and sub-sections (2) and (4) of section\n309 of the Bharatiya Nyaya Sanhita, 2023.", "section_number": "243", "section_title": "Trial for more than one offence", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 243, BNSS 2023" }, { "chunk_id": "BNSS_244", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 244: Where it is doubtful what offence has been committed.]\n\n244. Where it is doubtful what offence has been committed.—(1) If a single act or series of acts is\nof such a nature that it is doubtful which of several offences the facts which can be proved will constitute,\nthe accused may be charged with having committed all or any of such offences, and any number of such\ncharges may be tried at once; or he may be charged in the alternative with having committed someone of\nthe said offences.\n(2) If in such a case the accused is charged with one offence, and it appears in evidence that he\ncommitted a different offence for which he might have been charged under the provisions of\nsub-section (1), he may be convicted of the offence which he is shown to have committed, although he was\nnot charged with it.\nIllustrations.\n(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach\nof trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and\ncheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach\nof trust or cheating.\n\n(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of\ncriminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust\nor of receiving stolen goods (as the case may be), though he was not charged with such offence.\n(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A\nstates on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving\nfalse evidence, although it cannot be proved which of these contradictory statements was false.", "section_number": "244", "section_title": "Where it is doubtful what offence has been committed", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 244, BNSS 2023" }, { "chunk_id": "BNSS_245", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 245: When offence proved included in offence charged.]\n\n245. When offence proved included in offence charged.—(1) When a person is charged with an\noffence consisting of several particulars, a combination of some only of which constitutes a complete minor\noffence, and such combination is proved, but the remaining particulars are not proved, he may be convicted\nof the minor offence, though he was not charged with it.\n(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence,\nhe may be convicted of the minor offence, although he is not charged with it.\n(3) When a person is charged with an offence, he may be convicted of an attempt to commit such\noffence although the attempt is not separately charged.\n(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the\nconditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.\nIllustrations.\n(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with\ncriminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit\ncriminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but\nthat it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said\nsub-section (2) of section 316.\n(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with\ncausing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted\nunder sub-section (2) of section 122 of that Sanhita.", "section_number": "245", "section_title": "When offence proved included in offence charged", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 245, BNSS 2023" }, { "chunk_id": "BNSS_246", "text": "[Context: This section is from BNSS 2023, CHAPTER XVIII THE CHARGE. It covers Section 246: What persons may be charged jointly.]\n\n246. What persons may be charged jointly.—The following persons may be charged and tried\ntogether, namely:—\n(a) persons accused of the same offence committed in the course of the same transaction;\n(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such\noffence;\n(c) persons accused of more than one offence of the same kind, within the meaning of section 242\ncommitted by them jointly within the period of twelve months;\n(d) persons accused of different offences committed in the course of the same transaction;\n(e) persons accused of an offence which includes theft, extortion, cheating, or criminal\nmisappropriation, and persons accused of receiving or retaining, or assisting in the disposal or\nconcealment of, property possession of which is alleged to have been transferred by any such offence\ncommitted by the first-named persons, or of abetment of or attempting to commit any such last-named\noffence;\n(f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya\nSanhita, 2023 or either of those sections in respect of stolen property the possession of which has been\ntransferred by one offence;\n\n(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating\nto counterfeit coin and persons accused of any other offence under the said Chapter relating to the same\ncoin, or of abetment of or attempting to commit any such offence; and the provisions contained in the\nformer part of this Chapter shall, so far as may be, apply to all such charges:\nProvided that where a number of persons are charged with separate offences and such persons do not\nfall within any of the categories specified in this section, the Magistrate or Court of Session may, if such\npersons by an application in writing, so desire, and if he or it is satisfied that such persons would not be\nprejudicially affected thereby, and it is expedient so to do, try all such persons together.", "section_number": "246", "section_title": "What persons may be charged jointly", "chapter": "CHAPTER XVIII THE CHARGE", "act": "BNSS 2023", "source_label": "Section 246, BNSS 2023" }, { "chunk_id": "BNSS_247", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 247: Withdrawal of remaining charges on conviction on one of several charges.]\n\n247. Withdrawal of remaining charges on conviction on one of several charges.—When a charge\ncontaining more heads than one is framed against the same person, and when a conviction has been had on\none or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of\nthe Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry\ninto, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such\ncharge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of\nthe Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges\nso withdrawn.", "section_number": "247", "section_title": "Withdrawal of remaining charges on conviction on one of several charges", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 247, BNSS 2023" }, { "chunk_id": "BNSS_248", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 248: Trial to be conducted by Public Prosecutor.]\n\n248. Trial to be conducted by Public Prosecutor.—In every trial before a Court of Session, the\nprosecution shall be conducted by a Public Prosecutor.", "section_number": "248", "section_title": "Trial to be conducted by Public Prosecutor", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 248, BNSS 2023" }, { "chunk_id": "BNSS_249", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 249: Opening case for prosecution.]\n\n249. Opening case for prosecution.—When the accused appears or is brought before the Court, in\npursuance of a commitment of the case under section 232, or under any other law for the time being in\nforce, the prosecutor shall open his case by describing the charge brought against the accused and stating\nby what evidence he proposes to prove the guilt of the accused.", "section_number": "249", "section_title": "Opening case for prosecution", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 249, BNSS 2023" }, { "chunk_id": "BNSS_250", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 250: Discharge.]\n\n250. Discharge.—(1) The accused may prefer an application for discharge within a period of sixty days\nfrom the date of commitment of the case under section 232.\n(2) If, upon consideration of the record of the case and the documents submitted therewith, and after\nhearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is\nnot sufficient ground for proceeding against the accused, he shall discharge the accused and record his\nreasons for so doing.", "section_number": "250", "section_title": "Discharge", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 250, BNSS 2023" }, { "chunk_id": "BNSS_251", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 251: Framing of charge.]\n\n251. Framing of charge.—(1) If, after such consideration and hearing as aforesaid, the Judge is of\nopinion that there is ground for presuming that the accused has committed an offence which—\n(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused\nand, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate\nof the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial\nMagistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the\noffence in accordance with the procedure for the trial of warrant-cases instituted on a police report;\n(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within\na period of sixty days from the date of first hearing on charge.\n(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and\nexplained to the accused present either physically or through audio-video electronic means and the accused\nshall be asked whether he pleads guilty of the offence charged or claims to be tried.", "section_number": "251", "section_title": "Framing of charge", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 251, BNSS 2023" }, { "chunk_id": "BNSS_252", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 252: Conviction on plea of guilty.]\n\n252. Conviction on plea of guilty.—If the accused pleads guilty, the Judge shall record the plea and\nmay, in his discretion, convict him thereon.", "section_number": "252", "section_title": "Conviction on plea of guilty", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 252, BNSS 2023" }, { "chunk_id": "BNSS_253", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 253: Date for prosecution evidence.]\n\n253. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to\nbe tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses,\nand may, on the application of the prosecution, issue any process for compelling the attendance of any\nwitness or the production of any document or other thing.", "section_number": "253", "section_title": "Date for prosecution evidence", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 253, BNSS 2023" }, { "chunk_id": "BNSS_254", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 254: Evidence for prosecution.]\n\n254. Evidence for prosecution.— (1) On the date so fixed, the Judge shall proceed to take all such\nevidence as may be produced in support of the prosecution:\nProvided that evidence of a witness under this sub-section may be recorded by audio-video electronic\nmeans.\n(2) The deposition of evidence of any public servant may be taken through audio-video electronic\nmeans.\n(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until\nany other witness or witnesses have been examined or recall any witness for further cross-examination.", "section_number": "254", "section_title": "Evidence for prosecution", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 254, BNSS 2023" }, { "chunk_id": "BNSS_255", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 255: Acquittal.]\n\n255. Acquittal.—If, after taking the evidence for the prosecution, examining the accused and hearing\nthe prosecution and the defence on the point, the Judge considers that there is no evidence that the accused\ncommitted the offence, the Judge shall record an order of acquittal.", "section_number": "255", "section_title": "Acquittal", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 255, BNSS 2023" }, { "chunk_id": "BNSS_256", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 256: Entering upon defence.]\n\n256. Entering upon defence.—(1) Where the accused is not acquitted under section 255, he shall be\ncalled upon to enter on his defence and adduce any evidence he may have in support thereof.\n(2) If the accused puts in any written statement, the Judge shall file it with the record.\n(3) If the accused applies for the issue of any process for compelling the attendance of any witness or\nthe production of any document or thing, the Judge shall issue such process unless he considers, for reasons\nto be recorded, that such application should be refused on the ground that it is made for the purpose of\nvexation or delay or for defeating the ends of justice.", "section_number": "256", "section_title": "Entering upon defence", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 256, BNSS 2023" }, { "chunk_id": "BNSS_257", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 257: Arguments.]\n\n257. Arguments.—When the examination of the witnesses (if any) for the defence is complete, the\nprosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:\nProvided that where any point of law is raised by the accused or his advocate, the prosecution may,\nwith the permission of the Judge, make his submissions with regard to such point of law.", "section_number": "257", "section_title": "Arguments", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 257, BNSS 2023" }, { "chunk_id": "BNSS_258", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 258: Judgment of acquittal or conviction.]\n\n258. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any),\nthe Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date\nof completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded\nin writing.\n(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of\nsection 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.", "section_number": "258", "section_title": "Judgment of acquittal or conviction", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 258, BNSS 2023" }, { "chunk_id": "BNSS_259", "text": "[Context: This section is from BNSS 2023, CHAPTER XIX TRIAL BEFORE A COURT OF SESSION. It covers Section 259: Previous conviction.]\n\n259. Previous conviction.— In a case where a previous conviction is charged under the provisions of\nsub-section (7) of section 234, and the accused does not admit that he has been previously convicted as\nalleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section\n258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:\nProvided that no such charge shall be read out by the Judge nor shall the accused be asked to plead\nthereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it,\nunless and until the accused has been convicted under section 252 or section 258.", "section_number": "259", "section_title": "Previous conviction", "chapter": "CHAPTER XIX TRIAL BEFORE A COURT OF SESSION", "act": "BNSS 2023", "source_label": "Section 259, BNSS 2023" }, { "chunk_id": "BNSS_260", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 260: Procedure in cases instituted under sub-section (2) of section 222.]\n\n260. Procedure in cases instituted under sub-section (2) of section 222.—(1) A Court of Session\ntaking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with\nthe procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of\nMagistrate:\n\nProvided that the person against whom the offence is alleged to have been committed shall, unless the\nCourt of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.\n(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court\nthinks fit so to do.\n(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that\nthere was no reasonable cause for making the accusation against them or any of them, it may, by its order\nof discharge or acquittal, direct the person against whom the offence was alleged to have been committed\n(other than the President, the Vice-President or the Governor of a State or the Administrator of a Union\nterritory) to show cause why he should not pay compensation to such accused or to each or any of such\naccused, when there are more than one.\n(4) The Court shall record and consider any cause which may be shown by the person so directed, and\nif it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be\nrecorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may\ndetermine, be paid by such person to the accused or to each or any of them.\n(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a\nMagistrate.\n(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of\nsuch order, be exempted from any civil or criminal liability in respect of the complaint made under this\nsection:\nProvided that any amount paid to an accused person under this section shall be taken into account in\nawarding compensation to such person in any subsequent civil suit relating to the same matter.\n(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the\norder, in so far as it relates to the payment of compensation, to the High Court.\n(8) When an order for payment of compensation to an accused person is made, the compensation shall\nnot be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal\nis presented, before the appeal has been decided.\nA.—Cases instituted on a police report", "section_number": "260", "section_title": "Procedure in cases instituted under sub-section (2) of section 222", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 260, BNSS 2023" }, { "chunk_id": "BNSS_261", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 261: Compliance with section 230.]\n\n261. Compliance with section 230.—When, in any warrant-case instituted on a police report, the\naccused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall\nsatisfy himself that he has complied with the provisions of section 230.", "section_number": "261", "section_title": "Compliance with section 230", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 261, BNSS 2023" }, { "chunk_id": "BNSS_262", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 262: When accused shall be discharged.]\n\n262. When accused shall be discharged.—(1) The accused may prefer an application for discharge\nwithin a period of sixty days from the date of supply of copies of documents under section 230.\n(2) If, upon considering the police report and the documents sent with it under section 193 and making\nsuch examination, if any, of the accused, either physically or through audio-video electronic means, as the\nMagistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard,\nthe Magistrate considers the charge against the accused to be groundless, he shall discharge the accused,\nand record his reasons for so doing.", "section_number": "262", "section_title": "When accused shall be discharged", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 262, BNSS 2023" }, { "chunk_id": "BNSS_263", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 263: Framing of charge.]\n\n263. Framing of charge.—(1) If, upon such consideration, examination, if any, and hearing, the\nMagistrate is of opinion that there is ground for presuming that the accused has committed an offence triable\nunder this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately\npunished by him, he shall frame in writing a charge against the accused within a period of sixty days from\nthe date of first hearing on charge.\n\n(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads\nguilty of the offence charged or claims to be tried.", "section_number": "263", "section_title": "Framing of charge", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 263, BNSS 2023" }, { "chunk_id": "BNSS_264", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 264: Conviction on plea of guilty.]\n\n264. Conviction on plea of guilty.— If the accused pleads guilty, the Magistrate shall record the plea\nand may, in his discretion, convict him thereon.", "section_number": "264", "section_title": "Conviction on plea of guilty", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 264, BNSS 2023" }, { "chunk_id": "BNSS_265", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 265: Evidence for prosecution.]\n\n265. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be\ntried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for\nthe examination of witnesses:\nProvided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded\nduring investigation by the police.\n(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses\ndirecting him to attend or to produce any document or other thing.\n(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in\nsupport of the prosecution:\nProvided that the Magistrate may permit the cross-examination of any witness to be deferred until any\nother witness or witnesses have been examined or recall any witness for further cross-examination:\nProvided further that the examination of a witness under this sub-section may be done by audio-video\nelectronic means at the designated place to be notified by the State Government.", "section_number": "265", "section_title": "Evidence for prosecution", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 265, BNSS 2023" }, { "chunk_id": "BNSS_266", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 266: Evidence for defence.]\n\n266. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and\nproduce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the\nrecord.\n(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process\nfor compelling the attendance of any witness for the purpose of examination or cross-examination, or the\nproduction of any document or other thing, the Magistrate shall issue such process unless he considers that\nsuch application should be refused on the ground that it is made for the purpose of vexation or delay or for\ndefeating the ends of justice and such ground shall be recorded by him in writing:\nProvided that when the accused has cross-examined or had the opportunity of cross-examining any\nwitness before entering on his defence, the attendance of such witness shall not be compelled under this\nsection, unless the Magistrate is satisfied that it is necessary for the ends of justice:\nProvided further that the examination of a witness under this sub-section may be done by audio-video\nelectronic means at the designated place to be notified by the State Government.\n(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require\nthat the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited\nin Court.\nB.—Cases instituted otherwise than on police report", "section_number": "266", "section_title": "Evidence for defence", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 266, BNSS 2023" }, { "chunk_id": "BNSS_267", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 267: Evidence for prosecution.]\n\n267. Evidence for prosecution.—(1) When, in any warrant-case instituted otherwise than on a police\nreport, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the\nprosecution and take all such evidence as may be produced in support of the prosecution.\n(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses\ndirecting him to attend or to produce any document or other thing.", "section_number": "267", "section_title": "Evidence for prosecution", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 267, BNSS 2023" }, { "chunk_id": "BNSS_268", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 268: When accused shall be discharged.]\n\n268. When accused shall be discharged.—(1) If, upon taking all the evidence referred to in\nsection 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been\nmade out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.\n\n(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any\nprevious stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be\ngroundless.", "section_number": "268", "section_title": "When accused shall be discharged", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 268, BNSS 2023" }, { "chunk_id": "BNSS_269", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 269: Procedure where accused is not discharged.]\n\n269. Procedure where accused is not discharged.—(1) If, when such evidence has been taken, or at\nany previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the\naccused has committed an offence triable under this Chapter, which such Magistrate is competent to try and\nwhich, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the\naccused.\n(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads\nguilty or has any defence to make.\n(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict\nhim thereon.\n(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not\nconvicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of\nthe case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes\nto cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.\n(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination\nand re-examination (if any), they shall be discharged.\n(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-\nexamination and re-examination (if any), they shall also be discharged.\n(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under\nthis Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured\nfor cross-examination, it shall be deemed that such witness has not been examined for not being available,\nand the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed\nwith the case on the basis of the materials on record.", "section_number": "269", "section_title": "Procedure where accused is not discharged", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 269, BNSS 2023" }, { "chunk_id": "BNSS_270", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 270: Evidence for defence.]\n\n270. Evidence for defence.—The accused shall then be called upon to enter upon his defence and\nproduce his evidence; and the provisions of section 266 shall apply to the case.\nC.—Conclusion of trial", "section_number": "270", "section_title": "Evidence for defence", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 270, BNSS 2023" }, { "chunk_id": "BNSS_271", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 271: Acquittal or conviction.]\n\n271. Acquittal or conviction.—(1) If, in any case under this Chapter in which a charge has been\nframed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.\n(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed\nin accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the\nquestion of sentence, pass sentence upon him according to law.\n(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-\nsection (7) of section 234 and the accused does not admit that he has been previously convicted as alleged\nin the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the\nalleged previous conviction, and shall record a finding thereon:\nProvided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead\nthereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it,\nunless and until the accused has been convicted under sub-section (2).", "section_number": "271", "section_title": "Acquittal or conviction", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 271, BNSS 2023" }, { "chunk_id": "BNSS_272", "text": "[Context: This section is from BNSS 2023, CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES. It covers Section 272: Absence of complainant.]\n\n272. Absence of complainant.—When the proceedings have been instituted upon complaint, and on\nany day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully\ncompounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the\n\ncomplainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time\nbefore the charge has been framed, discharge the accused.", "section_number": "272", "section_title": "Absence of complainant", "chapter": "CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 272, BNSS 2023" }, { "chunk_id": "BNSS_273", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 273: Compensation for accusation without reasonable cause.]\n\n273. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon\ncomplaint or upon information given to a police officer or to a Magistrate, one or more persons is or are\naccused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is\nheard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground\nfor making the accusation against them or any of them, the Magistrate may, by his order of discharge or\nacquittal, if the person upon whose complaint or information the accusation was made is present, call upon\nhim forthwith to show cause why he should not pay compensation to such accused or to each or any of such\naccused when there are more than one; or, if such person is not present, direct the issue of a summons to\nhim to appear and show cause as aforesaid.\n(2) The Magistrate shall record and consider any cause which such complainant or informant may show,\nand if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be\nrecorded, make an order that compensation to such amount, not exceeding the amount of fine he is\nempowered to impose, as he may determine, be paid by such complainant or informant to the accused or to\neach or any of them.\n(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2),\nfurther order that, in default of payment, the person ordered to pay such compensation shall undergo simple\nimprisonment for a period not exceeding thirty days.\n(4) When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of\nsection 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply.\n(5) No person who has been directed to pay compensation under this section shall, by reason of such\norder, be exempted from any civil or criminal liability in respect of the complaint made or information\ngiven by him:\nProvided that any amount paid to an accused person under this section shall be taken into account in\nawarding compensation to such person in any subsequent civil suit relating to the same matter.\n(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the\nsecond class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such\ncomplainant or informant had been convicted on a trial held by such Magistrate.\n(7) When an order for payment of compensation to an accused person is made in a case which is subject\nto appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the\npresentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and\nwhere such order is made in a case which is not so subject to appeal the compensation shall not be paid\nbefore the expiration of one month from the date of the order.\n(8) The provisions of this section apply to summons-cases as well as to warrant-cases.", "section_number": "273", "section_title": "Compensation for accusation without reasonable cause", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 273, BNSS 2023" }, { "chunk_id": "BNSS_274", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 274: Substance of accusation to be stated.]\n\n274. Substance of accusation to be stated.—When in a summons-case the accused appears or is\nbrought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him,\nand he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to\nframe a formal charge:\nProvided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons\nin writing, release the accused and such release shall have the effect of discharge.", "section_number": "274", "section_title": "Substance of accusation to be stated", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 274, BNSS 2023" }, { "chunk_id": "BNSS_275", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 275: Conviction on plea of guilty.]\n\n275. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea\nas nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.", "section_number": "275", "section_title": "Conviction on plea of guilty", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 275, BNSS 2023" }, { "chunk_id": "BNSS_276", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 276: Conviction on plea of guilty in absence of accused in petty cases.]\n\n276. Conviction on plea of guilty in absence of accused in petty cases.—(1) Where a summons has\nbeen issued under section 229 and the accused desires to plead guilty to the charge without appearing before\nthe Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and\nalso the amount of fine specified in the summons.\n(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and\nsentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be\nadjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on\nbehalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the\nadvocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.", "section_number": "276", "section_title": "Conviction on plea of guilty in absence of accused in petty cases", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 276, BNSS 2023" }, { "chunk_id": "BNSS_277", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 277: Procedure when not convicted.]\n\n277. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section\n275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may\nbe produced in support of the prosecution, and also to hear the accused and take all such evidence as he\nproduces in his defence.\n(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a\nsummons to any witness directing him to attend or to produce any document or other thing.\n(3) The Magistrate may, before summoning any witness on such application, require that the reasonable\nexpenses of the witness incurred in attending for the purposes of the trial be deposited in Court.", "section_number": "277", "section_title": "Procedure when not convicted", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 277, BNSS 2023" }, { "chunk_id": "BNSS_278", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 278: Acquittal or conviction.]\n\n278. Acquittal or conviction.—(1) If the Magistrate, upon taking the evidence referred to in\nsection 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds\nthe accused not guilty, he shall record an order of acquittal.\n(2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or\nsection 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.\n(3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable\nunder this Chapter, which from the facts admitted or proved he appears to have committed, whatever may\nbe the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be\nprejudiced thereby.", "section_number": "278", "section_title": "Acquittal or conviction", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 278, BNSS 2023" }, { "chunk_id": "BNSS_279", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 279: Non-appearance or death of complainant.]\n\n279. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint,\nand on the day appointed for the appearance of the accused, or any day subsequent thereto to which the\nhearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’\ntime to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused,\nunless for some reason he thinks it proper to adjourn the hearing of the case to some other day:\nProvided that where the complainant is represented by an advocate or by the officer conducting the\nprosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not\nnecessary, the Magistrate may, dispense with his attendance and proceed with the case.\n(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the\nnon-appearance of the complainant is due to his death.", "section_number": "279", "section_title": "Non-appearance or death of complainant", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 279, BNSS 2023" }, { "chunk_id": "BNSS_280", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 280: Withdrawal of complaint.]\n\n280. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any\ncase under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to\nwithdraw his complaint against the accused, or if there be more than one accused, against all or any of them,\nthe Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom\nthe complaint is so withdrawn.", "section_number": "280", "section_title": "Withdrawal of complaint", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 280, BNSS 2023" }, { "chunk_id": "BNSS_281", "text": "[Context: This section is from BNSS 2023, CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES. It covers Section 281: Power to stop proceedings in certain cases.]\n\n281. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than\nupon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate,\n\nany other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage\nwithout pronouncing any judgment and where such stoppage of proceedings is made after the evidence of\nthe principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release\nthe accused, and such release shall have the effect of discharge.", "section_number": "281", "section_title": "Power to stop proceedings in certain cases", "chapter": "CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES", "act": "BNSS 2023", "source_label": "Section 281, BNSS 2023" }, { "chunk_id": "BNSS_282", "text": "[Context: This section is from BNSS 2023, CHAPTER XXII SUMMARY TRIALS. It covers Section 282: Power of Court to convert summonscases into warrant-cases.]\n\n282. Power of Court to convert summonscases into warrant-cases.—When in the course of the trial\nof a summons-case relating to an offence punishable with imprisonment for a term exceeding six months,\nit appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with\nthe procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner\nprovided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been\nexamined.", "section_number": "282", "section_title": "Power of Court to convert summonscases into warrant-cases", "chapter": "CHAPTER XXII SUMMARY TRIALS", "act": "BNSS 2023", "source_label": "Section 282, BNSS 2023" }, { "chunk_id": "BNSS_283", "text": "[Context: This section is from BNSS 2023, CHAPTER XXII SUMMARY TRIALS. It covers Section 283: Power to try summarily.]\n\n283. Power to try summarily.—(1) Notwithstanding anything contained in this Sanhita—\n(a) any Chief Judicial Magistrate;\n(b) Magistrate of the first class,\nshall try in a summary way all or any of the following offences:—\n(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya\nSanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;\n(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya\nNyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;\n(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317\nof the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty\nthousand rupees;\n(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;\n(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation,\nunder sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023;\n(vi) abetment of any of the foregoing offences;\n(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;\n(viii) any offence constituted by an act in respect of which a complaint may be made under\nsection 20 of the Cattle-trespass Act, 1871 (1 of 1871).\n(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons\nto be recorded in writing, try in a summary way all or any of the offences not punishable with death or\nimprisonment for life or imprisonment for a term exceeding three years:\nProvided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way\nunder this sub-section.\n(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is\nsuch that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been\nexamined and proceed to re-hear the case in the manner provided by this Sanhita.", "section_number": "283", "section_title": "Power to try summarily", "chapter": "CHAPTER XXII SUMMARY TRIALS", "act": "BNSS 2023", "source_label": "Section 283, BNSS 2023" }, { "chunk_id": "BNSS_284", "text": "[Context: This section is from BNSS 2023, CHAPTER XXII SUMMARY TRIALS. It covers Section 284: Summary trial by Magistrate of second class.]\n\n284. Summary trial by Magistrate of second class.—The High Court may confer on any Magistrate\ninvested with the powers of a Magistrate of the second class power to try summarily any offence which is\npunishable only with fine or with imprisonment for a term not exceeding six months with or without fine,\nand any abetment of or attempt to commit any such offence.", "section_number": "284", "section_title": "Summary trial by Magistrate of second class", "chapter": "CHAPTER XXII SUMMARY TRIALS", "act": "BNSS 2023", "source_label": "Section 284, BNSS 2023" }, { "chunk_id": "BNSS_285", "text": "[Context: This section is from BNSS 2023, CHAPTER XXII SUMMARY TRIALS. It covers Section 285: Procedure for summary trials.]\n\n285. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this\nSanhita for the trial of summons-case shall be followed except as hereinafter mentioned.\n(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any\nconviction under this Chapter.", "section_number": "285", "section_title": "Procedure for summary trials", "chapter": "CHAPTER XXII SUMMARY TRIALS", "act": "BNSS 2023", "source_label": "Section 285, BNSS 2023" }, { "chunk_id": "BNSS_286", "text": "[Context: This section is from BNSS 2023, CHAPTER XXII SUMMARY TRIALS. It covers Section 286: Record in summary trials.]\n\n286. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such\nform as the State Government may direct, the following particulars, namely:—\n(a) the serial number of the case;\n(b) the date of the commission of the offence;\n(c) the date of the report or complaint;\n(d) the name of the complainant (if any);\n(e) the name, parentage and residence of the accused;\n(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i),\nclause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which\nthe offence has been committed;\n(g) the plea of the accused and his examination (if any);\n(h) the finding;\n(i) the sentence or other final order;\n(j) the date on which proceedings terminated.", "section_number": "286", "section_title": "Record in summary trials", "chapter": "CHAPTER XXII SUMMARY TRIALS", "act": "BNSS 2023", "source_label": "Section 286, BNSS 2023" }, { "chunk_id": "BNSS_287", "text": "[Context: This section is from BNSS 2023, CHAPTER XXII SUMMARY TRIALS. It covers Section 287: Judgment in cases tried summarily.]\n\n287. Judgment in cases tried summarily.—In every case tried summarily in which the accused does\nnot plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief\nstatement of the reasons for the finding.", "section_number": "287", "section_title": "Judgment in cases tried summarily", "chapter": "CHAPTER XXII SUMMARY TRIALS", "act": "BNSS 2023", "source_label": "Section 287, BNSS 2023" }, { "chunk_id": "BNSS_288", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 288: Language of record and judgment.]\n\n288. Language of record and judgment.—(1) Every such record and judgment shall be written in the\nlanguage of the Court.\n(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the\naforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial\nMagistrate, and the record or judgment so prepared shall be signed by such Magistrate.", "section_number": "288", "section_title": "Language of record and judgment", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 288, BNSS 2023" }, { "chunk_id": "BNSS_289", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 289: Application of Chapter.]\n\n289. Application of Chapter.—(1) This Chapter shall apply in respect of an accused against whom—\n(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging\ntherein that an offence appears to have been committed by him other than an offence for which the\npunishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has\nbeen provided under the law for the time being in force; or\n(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the\npunishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has\nbeen provided under the law for the time being in force, and after examining complainant and witnesses\nunder section 223, issued the process under section 227,\nbut does not apply where such offence affects the socio-economic condition of the country or has been\ncommitted against a woman, or a child.\n\n(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the\noffences under the law for the time being in force which shall be the offences affecting the socio-economic\ncondition of the country.", "section_number": "289", "section_title": "Application of Chapter", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 289, BNSS 2023" }, { "chunk_id": "BNSS_290", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 290: Application for plea bargaining.]\n\n290. Application for plea bargaining.—(1) A person accused of an offence may file an application\nfor plea bargaining within a period of thirty days from the date of framing of charge in the Court in which\nsuch offence is pending for trial.\n(2) The application under sub-section (1) shall contain a brief description of the case relating to which\nthe application is filed including the offence to which the case relates and shall be accompanied by an\naffidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the\nnature and extent of punishment provided under the law for the offence, the plea bargaining in his case and\nthat he has not previously been convicted by a Court in which he had been charged with the same offence.\n(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public\nProsecutor or the complainant of the case and to the accused to appear on the date fixed for the case.\n(4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed\nunder sub-section (3), the Court shall examine the accused in camera, where the other party in the case\nshall not be present, to satisfy itself that the accused has filed the application voluntarily and where—\n(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall\nprovide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the\naccused to work out a mutually satisfactory disposition of the case which may include giving to the\nvictim by the accused the compensation and other expenses during the case and thereafter fix the date\nfor further hearing of the case;\n(b) the Court finds that the application has been filed involuntarily by the accused or he has\npreviously been convicted by a Court in a case in which he had been charged with the same offence, it\nshall proceed further in accordance with the provisions of this Sanhita from the stage such application\nhas been filed under sub-section (1).", "section_number": "290", "section_title": "Application for plea bargaining", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 290, BNSS 2023" }, { "chunk_id": "BNSS_291", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 291: Guidelines for mutually satisfactory disposition.]\n\n291. Guidelines for mutually satisfactory disposition.—In working out a mutually satisfactory\ndisposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following\nprocedure, namely:—\n(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the\npolice officer who has investigated the case, the accused and the victim of the case to participate in the\nmeeting to work out a satisfactory disposition of the case:\nProvided that throughout such process of working out a satisfactory disposition of the case, it shall\nbe the duty of the Court to ensure that the entire process is completed voluntarily by the parties\nparticipating in the meeting:\nProvided further that the accused, if he so desires, may participate in such meeting with his\nadvocate, if any, engaged in the case;\n(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused\nand the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:\nProvided that it shall be the duty of the Court to ensure, throughout such process of working out a\nsatisfactory disposition of the case, that it is completed voluntarily by the parties participating in the\nmeeting:\nProvided further that if the victim of the case or the accused so desires, he may participate in such\nmeeting with his advocate engaged in the case.", "section_number": "291", "section_title": "Guidelines for mutually satisfactory disposition", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 291, BNSS 2023" }, { "chunk_id": "BNSS_292", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 292: Report of mutually satisfactory disposition to be submitted before Court.]\n\n292. Report of mutually satisfactory disposition to be submitted before Court.—Where in a\nmeeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall\nprepare a report of such disposition which shall be signed by the presiding officer of the Court and all other\npersons who participated in the meeting and if no such disposition has been worked out, the Court shall\nrecord such observation and proceed further in accordance with the provisions of this Sanhita from the stage\nthe application under sub-section (1) of section 290 has been filed in such case.", "section_number": "292", "section_title": "Report of mutually satisfactory disposition to be submitted before Court", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 292, BNSS 2023" }, { "chunk_id": "BNSS_293", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 293: Disposal of case.]\n\n293. Disposal of case.—Where a satisfactory disposition of the case has been worked out under\nsection 292, the Court shall dispose of the case in the following manner, namely:—\n(a) the Court shall award the compensation to the victim in accordance with the disposition under\nsection 292 and hear the parties on the quantum of the punishment, releasing of the accused on\nprobation of good conduct or after admonition under section 401 or for dealing with the accused under\nthe provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being\nin force and follow the procedure specified in the succeeding clauses for imposing the punishment on\nthe accused;\n(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the\nprovisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in\nforce are attracted in the case of the accused, it may release the accused on probation or provide the\nbenefit of any such law;\n(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been\nprovided under the law for the offence committed by the accused, it may sentence the accused to half\nof such minimum punishment, and where the accused is a first-time offender and has not been convicted\nof any offence in the past, it may sentence the accused to one-fourth of such minimum punishment;\n(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by\nthe accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth\nof the punishment provided or extendable for such offence and where the accused is a first-time\noffender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth\nof the punishment provided or extendable, for such offence.", "section_number": "293", "section_title": "Disposal of case", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 293, BNSS 2023" }, { "chunk_id": "BNSS_294", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 294: Judgment of Court.]\n\n294. Judgment of Court.—The Court shall deliver its judgment in terms of section 293 in the open\nCourt and the same shall be signed by the presiding officer of the Court.", "section_number": "294", "section_title": "Judgment of Court", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 294, BNSS 2023" }, { "chunk_id": "BNSS_295", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 295: Finality of judgment.]\n\n295. Finality of judgment.—The judgment delivered by the Court under this section shall be final and\nno appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227\nof the Constitution) shall lie in any Court against such judgment.", "section_number": "295", "section_title": "Finality of judgment", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 295, BNSS 2023" }, { "chunk_id": "BNSS_296", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 296: Power of Court in plea bargaining.]\n\n296. Power of Court in plea bargaining.—A Court shall have, for the purposes of discharging its\nfunctions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters\nrelating to the disposal of a case in such Court under this Sanhita.", "section_number": "296", "section_title": "Power of Court in plea bargaining", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 296, BNSS 2023" }, { "chunk_id": "BNSS_297", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 297: Period of detention undergone by accused to be set off against sentence of imprisonment.]\n\n297. Period of detention undergone by accused to be set off against sentence of imprisonment.—\nThe provisions of section 468 shall apply, for setting off the period of detention undergone by the accused\nagainst the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in\nrespect of the imprisonment under other provisions of this Sanhita.", "section_number": "297", "section_title": "Period of detention undergone by accused to be set off against sentence of imprisonment", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 297, BNSS 2023" }, { "chunk_id": "BNSS_298", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 298: Savings.]\n\n298. Savings.—The provisions of this Chapter shall have effect notwithstanding anything inconsistent\ntherewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be\nconstrued to constrain the meaning of any provision of this Chapter.\nExplanation.—For the purposes of this Chapter, the expression \"Public Prosecutor\" has the meaning\nassigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under\nsection 19.", "section_number": "298", "section_title": "Savings", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 298, BNSS 2023" }, { "chunk_id": "BNSS_299", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIII PLEA BARGAINING. It covers Section 299: Statements of accused not to be used.]\n\n299. Statements of accused not to be used.—Notwithstanding anything contained in any law for the\ntime being in force, the statements or facts stated by an accused in an application for plea bargaining filed\nunder section 290 shall not be used for any other purpose except for the purpose of this Chapter.", "section_number": "299", "section_title": "Statements of accused not to be used", "chapter": "CHAPTER XXIII PLEA BARGAINING", "act": "BNSS 2023", "source_label": "Section 299, BNSS 2023" }, { "chunk_id": "BNSS_300", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS. It covers Section 300: Non-application of Chapter.]\n\n300. Non-application of Chapter.—Nothing in this Chapter shall apply to any juvenile or child as\ndefined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).", "section_number": "300", "section_title": "Non-application of Chapter", "chapter": "CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS", "act": "BNSS 2023", "source_label": "Section 300, BNSS 2023" }, { "chunk_id": "BNSS_301", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS. It covers Section 301: Definitions.]\n\n301. Definitions.—In this Chapter,—\n(a) “detained” includes detained under any law providing for preventive detention;\n(b) “prison” includes,—\n(i) any place which has been declared by the State Government, by general or special order, to\nbe a subsidiary jail;\n(ii) any reformatory, Borstal institution or other institution of a like nature.", "section_number": "301", "section_title": "Definitions", "chapter": "CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS", "act": "BNSS 2023", "source_label": "Section 301, BNSS 2023" }, { "chunk_id": "BNSS_302", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS. It covers Section 302: Power to require attendance of prisoners.]\n\n302. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or\nproceeding under this Sanhita, it appears to a Criminal Court,—\n(a) that a person confined or detained in a prison should be brought before the Court for answering\nto a charge of an offence, or for the purpose of any proceedings against him; or\n(b) that it is necessary for the ends of justice to examine such person as a witness,\nthe Court may make an order requiring the officer in charge of the prison to produce such person before the\nCourt answering to the charge or for the purpose of such proceeding or for giving evidence.\n(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be\nforwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief\nJudicial Magistrate, to whom such Magistrate is subordinate.\n(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement\nof the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial\nMagistrate to whom it is submitted may, after considering such statement, decline to countersign the order.", "section_number": "302", "section_title": "Power to require attendance of prisoners", "chapter": "CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS", "act": "BNSS 2023", "source_label": "Section 302, BNSS 2023" }, { "chunk_id": "BNSS_303", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS. It covers Section 303: Power of State Government or Central Government to exclude certain persons from.]\n\n303. Power of State Government or Central Government to exclude certain persons from\noperation of section 302.—(1) The State Government or the Central Government, as the case may be, may,\nat any time, having regard to the matters specified in sub-section (2), by general or special order, direct that\nany person or class of persons shall not be removed from the prison in which he or they may be confined\nor detained, and thereupon, so long as the order remains in force, no order made under section 302, whether\nbefore or after the order of the State Government or the Central Government, shall have effect in respect of\nsuch person or class of persons.\n(2) Before making an order under sub-section (1), the State Government or the Central Government in\nthe cases instituted by its central agency, as the case may be, shall have regard to the following matters,\nnamely:—\n(a) the nature of the offence for which, or the grounds on which, the person or class of persons has\nbeen ordered to be confined or detained in prison;\n\n(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to\nbe removed from the prison;\n(c) the public interest, generally.", "section_number": "303", "section_title": "Power of State Government or Central Government to exclude certain persons from", "chapter": "CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS", "act": "BNSS 2023", "source_label": "Section 303, BNSS 2023" }, { "chunk_id": "BNSS_304", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS. It covers Section 304: Officer in charge of prison to abstain from carrying out order in certain.]\n\n304. Officer in charge of prison to abstain from carrying out order in certain\ncontingencies.—Where the person in respect of whom an order is made under section 302—\n(a) is by reason of sickness or infirmity unfit to be removed from the prison; or\n(b) is under committal for trial or under remand pending trial or pending a preliminary\ninvestigation; or\n(c) is in custody for a period which would expire before the expiration of the time required for\ncomplying with the order and for taking him back to the prison in which he is confined or detained; or\n(d) is a person to whom an order made by the State Government or the Central Government under\nsection 303 applies,\nthe officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the\nCourt a statement of reasons for so abstaining:\nProvided that where the attendance of such person is required for giving evidence at a place not more\nthan twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain\nfor the reason mentioned in clause (b).", "section_number": "304", "section_title": "Officer in charge of prison to abstain from carrying out order in certain", "chapter": "CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS", "act": "BNSS 2023", "source_label": "Section 304, BNSS 2023" }, { "chunk_id": "BNSS_305", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS. It covers Section 305: Prisoner to be brought to Court in custody.]\n\n305. Prisoner to be brought to Court in custody.—Subject to the provisions of section 304, the\nofficer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302\nand duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the\norder to be taken to the Court in which his attendance is required, so as to be present there at the time\nmentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been\nexamined or until the Court authorises him to be taken back to the prison in which he was confined or\ndetained.", "section_number": "305", "section_title": "Prisoner to be brought to Court in custody", "chapter": "CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS", "act": "BNSS 2023", "source_label": "Section 305, BNSS 2023" }, { "chunk_id": "BNSS_306", "text": "[Context: This section is from BNSS 2023, CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS. It covers Section 306: Power to issue commission for examination of witness in prison.]\n\n306. Power to issue commission for examination of witness in prison.—The provisions of this\nChapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for\nthe examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B\nof Chapter XXV shall apply in relation to the examination on commission of any such person in the prison\nas they apply in relation to the examination on commission of any other person.\nA.—Mode of taking and recording evidence", "section_number": "306", "section_title": "Power to issue commission for examination of witness in prison", "chapter": "CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 306, BNSS 2023" }, { "chunk_id": "BNSS_307", "text": "[Context: This section is from BNSS 2023, CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS. It covers Section 307: Language of Courts.]\n\n307. Language of Courts.— The State Government may determine what shall be, for purposes of this\nSanhita, the language of each Court within the State other than the High Court.", "section_number": "307", "section_title": "Language of Courts", "chapter": "CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 307, BNSS 2023" }, { "chunk_id": "BNSS_308", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 308: Evidence to be taken in presence of accused.]\n\n308. Evidence to be taken in presence of accused.—Except as otherwise expressly provided, all\nevidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused,\nor, when his personal attendance is dispensed with, in the presence of his advocate including through\naudio-video electronic means at the designated place to be notified by the State Government:\nProvided that where the evidence of a woman below the age of eighteen years who is alleged to have\nbeen subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate\n\nmeasures to ensure that such woman is not confronted by the accused while at the same time ensuring the\nright of cross-examination of the accused.\nExplanation.—In this section, “accused” includes a person in relation to whom any proceeding under", "section_number": "308", "section_title": "Evidence to be taken in presence of accused", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 308, BNSS 2023" }, { "chunk_id": "BNSS_309", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 309: Record in summonscases and inquiries.]\n\n309. Record in summonscases and inquiries.— (1) In all summons-cases tried before a Magistrate,\nin all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491\notherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds,\nmake a memorandum of the substance of the evidence in the language of the Court:\nProvided that if the Magistrate is unable to make such memorandum himself, he shall, after recording\nthe reason of his inability, cause such memorandum to be made in writing or from his dictation in open\nCourt.\n(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.", "section_number": "309", "section_title": "Record in summonscases and inquiries", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 309, BNSS 2023" }, { "chunk_id": "BNSS_310", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 310: Record in warrant-cases.]\n\n310. Record in warrant-cases.— (1) In all warrant-cases tried before a Magistrate, the evidence of\neach witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself\nor by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity,\nunder his direction and superintendence, by an officer of the Court appointed by him in this behalf:\nProvided that evidence of a witness under this sub-section may also be recorded by audio-video\nelectronic means in the presence of the advocate of the person accused of the offence.\n(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the\nevidence could not be taken down by himself for the reasons referred to in sub-section (1).\n(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in\nhis discretion take down, or cause to be taken down, any part of such evidence in the form of question and\nanswer.\n(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.", "section_number": "310", "section_title": "Record in warrant-cases", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 310, BNSS 2023" }, { "chunk_id": "BNSS_311", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 311: Record in trial before Court of Session.]\n\n311. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence\nof each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge\nhimself or by his dictation in open Court, or under his direction and superintendence, by an officer of the\nCourt appointed by him in this behalf.\n(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge\nmay, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of\nquestion and answer.\n(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.", "section_number": "311", "section_title": "Record in trial before Court of Session", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 311, BNSS 2023" }, { "chunk_id": "BNSS_312", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 312: Language of record of evidence.]\n\n312. Language of record of evidence.—In every case where evidence is taken down under\nsection 310 or section 311,—\n(a) if the witness gives evidence in the language of the Court, it shall be taken down in that\nlanguage;\n(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language,\nand if it is not practicable to do so, a true translation of the evidence in the language of the Court shall\nbe prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge,\nand shall form part of the record;\n(c) where under clause (b) evidence is taken down in a language other than the language of the\nCourt, a true translation thereof in the language of the Court shall be prepared as soon as practicable,\nsigned by the Magistrate or presiding Judge, and shall form part of the record:\n\nProvided that when under clause (b) evidence is taken down in English and a translation thereof in\nthe language of the Court is not required by any of the parties, the Court may dispense with such\ntranslation.", "section_number": "312", "section_title": "Language of record of evidence", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 312, BNSS 2023" }, { "chunk_id": "BNSS_313", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 313: Procedure in regard to such evidence when completed.]\n\n313. Procedure in regard to such evidence when completed.—(1) As the evidence of each witness\ntaken under section 310 or section 311 is completed, it shall be read over to him in the presence of the\naccused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be\ncorrected.\n(2) If the witness denies the correctness of any part of the evidence when the same is read over to him,\nthe Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of\nthe objection made to it by the witness and shall add such remarks as he thinks necessary.\n(3) If the record of the evidence is in a language different from that in which it has been given and the\nwitness does not understand that language, the record shall be interpreted to him in the language in which\nit was given, or in a language which he understands.", "section_number": "313", "section_title": "Procedure in regard to such evidence when completed", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 313, BNSS 2023" }, { "chunk_id": "BNSS_314", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 314: Interpretation of evidence to accused or his advocate.]\n\n314. Interpretation of evidence to accused or his advocate.—(1) Whenever any evidence is given in\na language not understood by the accused, and he is present in Court in person, it shall be interpreted to him\nin open Court in a language understood by him.\n(2) If he appears by an advocate and the evidence is given in a language other than the language of the\nCourt, and not understood by the advocate, it shall be interpreted to such advocate in that language.\n(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court\nto interpret as much thereof as appears necessary.", "section_number": "314", "section_title": "Interpretation of evidence to accused or his advocate", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 314, BNSS 2023" }, { "chunk_id": "BNSS_315", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 315: Remarks respecting demeanour of witness.]\n\n315. Remarks respecting demeanour of witness.—When a presiding Judge or Magistrate has\nrecorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material\nrespecting the demeanour of such witness whilst under examination.", "section_number": "315", "section_title": "Remarks respecting demeanour of witness", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 315, BNSS 2023" }, { "chunk_id": "BNSS_316", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 316: Record of examination of accused.]\n\n316. Record of examination of accused.—(1) Whenever the accused is examined by any Magistrate,\nor by a Court of Session, the whole of such examination, including every question put to him and every\nanswer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is\nunable to do so owing to a physical or other incapacity, under his direction and superintendence by an\nofficer of the Court appointed by him in this behalf.\n(2) The record shall, if practicable, be in the language in which the accused is examined or, if that is\nnot practicable, in the language of the Court.\n(3) The record shall be shown or read to the accused, or, if he does not understand the language in\nwhich it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty\nto explain or add to his answers.\n(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall\ncertify under his own hand that the examination was taken in his presence and hearing and that the record\ncontains a full and true account of the statement made by the accused:\nProvided that where the accused is in custody and is examined through electronic communication, his\nsignature shall be taken within seventy-two hours of such examination.\n(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the\ncourse of a summary trial.", "section_number": "316", "section_title": "Record of examination of accused", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 316, BNSS 2023" }, { "chunk_id": "BNSS_317", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 317: Interpreter to be bound to interpret truthfully.]\n\n317. Interpreter to be bound to interpret truthfully.—When the services of an interpreter are\nrequired by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to\nstate the true interpretation of such evidence or statement.", "section_number": "317", "section_title": "Interpreter to be bound to interpret truthfully", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 317, BNSS 2023" }, { "chunk_id": "BNSS_318", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 318: Record in High Court.]\n\n318. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which\nthe evidence of witnesses and the examination of the accused shall be taken down in cases coming before\nit, and such evidence and examination shall be taken down in accordance with such rule.\nB.—Commissions for the examination of witnesses", "section_number": "318", "section_title": "Record in High Court", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 318, BNSS 2023" }, { "chunk_id": "BNSS_319", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 319: When attendance of witness may be dispensed with and commission issued.]\n\n319. When attendance of witness may be dispensed with and commission issued.—(1) Whenever,\nin the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate\nthat the examination of a witness is necessary for the ends of justice, and that the attendance of such witness\ncannot be procured without an amount of delay, expense or inconvenience which, under the circumstances\nof the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may\nissue a commission for the examination of the witness in accordance with the provisions of this Chapter:\nProvided that where the examination of the President or the Vice-President of India or the Governor of\na State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a\ncommission shall be issued for the examination of such a witness.\n(2) The Court may, when issuing a commission for the examination of a witness for the prosecution,\ndirect that such amount as the Court considers reasonable to meet the expenses of the accused, including\nthe advocate's fees, be paid by the prosecution.", "section_number": "319", "section_title": "When attendance of witness may be dispensed with and commission issued", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 319, BNSS 2023" }, { "chunk_id": "BNSS_320", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 320: Commission to whom to be issued.]\n\n320. Commission to whom to be issued.—(1) If the witness is within the territories to which this\nSanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local\njurisdiction the witness is to be found.\n(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the\ncommission shall be directed to such Court or officer as the Central Government may, by notification,\nspecify in this behalf.\n(3) If the witness is in a country or place outside India and arrangements have been made by the Central\nGovernment with the Government of such country or place for taking the evidence of witnesses in relation\nto criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent\nto such authority for transmission as the Central Government may, by notification, prescribe in this behalf.", "section_number": "320", "section_title": "Commission to whom to be issued", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 320, BNSS 2023" }, { "chunk_id": "BNSS_321", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 321: Execution of commissions.]\n\n321. Execution of commissions.—Upon receipt of the commission, the Chief Judicial Magistrate or\nsuch Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the\nplace where the witness is, and shall take down his evidence in the same manner, and may for this purpose\nexercise the same powers, as in trials of warrant-cases under this Sanhita.", "section_number": "321", "section_title": "Execution of commissions", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 321, BNSS 2023" }, { "chunk_id": "BNSS_322", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 322: Parties may examine witnesses.]\n\n322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita in which\na commission is issued may respectively forward any interrogatories in writing which the Court or\nMagistrate directing the commission may think relevant to the issue, and it shall be lawful for the\nMagistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is\ndelegated, to examine the witness upon such interrogatories.\n(2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in\ncustody, in person, and may examine, cross-examine and re-examine the said witness.", "section_number": "322", "section_title": "Parties may examine witnesses", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 322, BNSS 2023" }, { "chunk_id": "BNSS_323", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 323: Return of commission.]\n\n323. Return of commission.—(1) After any commission issued under section 319 has been duly\nexecuted, it shall be returned, together with the deposition of the witness examined thereunder, to the Court\nor Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be\nopen at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in\nevidence in the case by either party, and shall form part of the record.\n(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya\nSakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before\nanother Court.", "section_number": "323", "section_title": "Return of commission", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 323, BNSS 2023" }, { "chunk_id": "BNSS_324", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 324: Adjournment of proceeding.]\n\n324. Adjournment of proceeding.—In every case in which a commission is issued under section 319,\nthe inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the\nexecution and return of the commission.", "section_number": "324", "section_title": "Adjournment of proceeding", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 324, BNSS 2023" }, { "chunk_id": "BNSS_325", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 325: Execution of foreign commissions.]\n\n325. Execution of foreign commissions.—(1) The provisions of section 321 and so much of section\n322 and section 323 as relate to the execution of a commission and its return shall apply in respect of\ncommissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to\ncommissions issued under section 319.\n(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—\n(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this\nSanhita does not extend, as the Central Government may, by notification, specify in this behalf;\n(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside\nIndia, as the Central Government may, by notification, specify in this behalf, and having authority,\nunder the law in force in that country or place, to issue commissions for the examination of witnesses\nin relation to criminal matters.", "section_number": "325", "section_title": "Execution of foreign commissions", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 325, BNSS 2023" }, { "chunk_id": "BNSS_326", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 326: Deposition of medical witness.]\n\n326. Deposition of medical witness.—(1) The deposition of a civil surgeon or other medical witness,\ntaken and attested by a Magistrate in the presence of the accused, or taken on commission under this\nChapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the\ndeponent is not called as a witness.\n(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused,\nsummon and examine any such deponent as to the subject-matter of his deposition.", "section_number": "326", "section_title": "Deposition of medical witness", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 326, BNSS 2023" }, { "chunk_id": "BNSS_327", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 327: Identification report of Magistrate.]\n\n327. Identification report of Magistrate.—(1) Any document purporting to be a report of\nidentification under the hand of an Executive Magistrate in respect of a person or property may be used as\nevidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called\nas a witness:\nProvided that where such report contains a statement of any suspect or witness to which the provisions\nof section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023,\napply, such statement shall not be used under this sub-section except in accordance with the provisions of\nthose sections.\n(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused,\nsummon and examine such Magistrate as to the subject-matter of the said report.", "section_number": "327", "section_title": "Identification report of Magistrate", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 327, BNSS 2023" }, { "chunk_id": "BNSS_328", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 328: Evidence of officers of Mint.]\n\n328. Evidence of officers of Mint.—(1) Any document purporting to be a report under the hand of a\ngazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the\nofficer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic\nScience Laboratory or any Government Examiner of Questioned Documents or any State Examiner of\nQuestioned Documents as the Central Government may, by notification, specify in this behalf, upon any\nmatter or thing duly submitted to him for examination and report in the course of any proceeding under this\nSanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such\nofficer is not called as a witness.\n(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his\nreport:\nProvided that no such officer shall be summoned to produce any records on which the report is based.\n(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam,\n2023, no such officer shall, except with the permission of the General Manager or any officer in charge of\nany Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or\n\nany officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned\nDocuments Organisation or of the State Examiner of Questioned Documents Organisation be permitted—\n(a) to give any evidence derived from any unpublished official records on which the report is based;\nor\n(b) to disclose the nature or particulars of any test applied by him in the course of the examination\nof the matter or thing.", "section_number": "328", "section_title": "Evidence of officers of Mint", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 328, BNSS 2023" }, { "chunk_id": "BNSS_329", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 329: Reports of certain Government scientific experts.]\n\n329. Reports of certain Government scientific experts.— (1) Any document purporting to be a report\nunder the hand of a Government scientific expert to whom this section applies, upon any matter or thing\nduly submitted to him for examination or analysis and report in the course of any proceeding under this\nSanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.\n(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his\nreport.\n(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may,\nunless the Court has expressly directed him to appear personally, depute any responsible officer working\nwith him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily\ndepose in Court on his behalf.\n(4) This section applies to the following Government scientific experts, namely:—\n(a) any Chemical Examiner or Assistant Chemical Examiner to Government;\n(b) the Chief Controller of Explosives;\n(c) the Director of the Finger Print Bureau;\n(d) the Director, Haffkeine Institute, Bombay;\n(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory\nor a State Forensic Science Laboratory;\n(f) the Serologist to the Government;\n(g) any other scientific expert specified or certified, by notification, by the State Government or\nthe Central Government for this purpose.", "section_number": "329", "section_title": "Reports of certain Government scientific experts", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 329, BNSS 2023" }, { "chunk_id": "BNSS_330", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 330: No formal proof of certain documents.]\n\n330. No formal proof of certain documents.—(1) Where any document is filed before any Court by\nthe prosecution or the accused, the particulars of every such document shall be included in a list and the\nprosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon\nto admit or deny the genuineness of each such document soon after supply of such documents and in no\ncase later than thirty days after such supply:\nProvided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing:\nProvided further that no expert shall be called to appear before the Court unless the report of such expert\nis disputed by any of the parties to the trial.\n(2) The list of documents shall be in such form as the State Government may, by rules, provide.\n(3) Where the genuineness of any document is not disputed, such document may be read in evidence in\nany inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by\nwhom it purports to be signed:\nProvided that the Court may, in its discretion, require such signature to be proved.", "section_number": "330", "section_title": "No formal proof of certain documents", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 330, BNSS 2023" }, { "chunk_id": "BNSS_331", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 331: Affidavit in proof of conduct of public servants.]\n\n331. Affidavit in proof of conduct of public servants.—When any application is made to any Court\nin the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein\n\nrespecting any public servant, the applicant may give evidence of the facts alleged in the application by\naffidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.", "section_number": "331", "section_title": "Affidavit in proof of conduct of public servants", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 331, BNSS 2023" }, { "chunk_id": "BNSS_332", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 332: Evidence of formal character on affidavit.]\n\n332. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is\nof a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence\nin any inquiry, trial or other proceeding under this Sanhita.\n(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused,\nsummon and examine any such person as to the facts contained in his affidavit.", "section_number": "332", "section_title": "Evidence of formal character on affidavit", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 332, BNSS 2023" }, { "chunk_id": "BNSS_333", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 333: Authorities before whom affidavits may be sworn.]\n\n333. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court\nunder this Sanhita may be sworn or affirmed before—\n(a) any Judge or Judicial or Executive Magistrate; or\n(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or\n(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).\n(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove\nfrom his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter\ncase, the deponent shall clearly state the grounds of such belief.\n(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or\namended.", "section_number": "333", "section_title": "Authorities before whom affidavits may be sworn", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 333, BNSS 2023" }, { "chunk_id": "BNSS_334", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 334: Previous conviction or acquittal how proved.]\n\n334. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under\nthis Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by\nany law for the time being in force,—\n(a) by an extract certified under the hand of the officer having the custody of the records of the\nCourt in which such conviction or acquittal was held, to be a copy of the sentence or order; or\n(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which\nthe punishment or any part thereof was undergone, or by production of the warrant of commitment\nunder which the punishment was suffered, together with, in each of such cases, evidence as to the\nidentity of the accused person with the person so convicted or acquitted.", "section_number": "334", "section_title": "Previous conviction or acquittal how proved", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 334, BNSS 2023" }, { "chunk_id": "BNSS_335", "text": "[Context: This section is from BNSS 2023, Chapter IX has been commenced under this Sanhita.. It covers Section 335: Record of evidence in absence of accused.]\n\n335. Record of evidence in absence of accused.—(1) If it is proved that an accused person has\nabsconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit\nfor trial, such person for the offence complained of may, in his absence, examine the witnesses (if any)\nproduced on behalf of the prosecution, and record their depositions and any such deposition may, on the\narrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with\nwhich he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his\npresence cannot be procured without an amount of delay, expense or inconvenience which, under the\ncircumstances of the case, would be unreasonable.\n(2) If it appears that an offence punishable with death or imprisonment for life has been committed by\nsome person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of\nthe first class shall hold an inquiry and examine any witnesses who can give evidence concerning the\noffence and any depositions so taken may be given in evidence against any person who is subsequently\naccused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.", "section_number": "335", "section_title": "Record of evidence in absence of accused", "chapter": "Chapter IX has been commenced under this Sanhita.", "act": "BNSS 2023", "source_label": "Section 335, BNSS 2023" }, { "chunk_id": "BNSS_336", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 336: Evidence of public servants, experts, police officers in certain cases.]\n\n336. Evidence of public servants, experts, police officers in certain cases.—Where any document\nor report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence\nin any inquiry, trial or other proceeding under this Sanhita, and—\n(i) such public servant, expert or officer is either transferred, retired, or died; or\n\n(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or\n(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding\nthe inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public\nservant, expert, or officer who is holding that post at the time of such deposition to give deposition on\nsuch document or report:\nProvided that no public servant, scientific expert or medical officer shall be called to appear before the\nCourt unless the report of such public servant, scientific expert or medical officer is disputed by any of the\nparties of the trial or other proceedings:\nProvided further that the deposition of such successor public servant, expert or officer may be allowed\nthrough audio-video electronic means.", "section_number": "336", "section_title": "Evidence of public servants, experts, police officers in certain cases", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 336, BNSS 2023" }, { "chunk_id": "BNSS_337", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 337: Person once convicted or acquitted not to be tried for same offence.]\n\n337. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has\nonce been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such\noffence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same\noffence, nor on the same facts for any other offence for which a different charge from the one made against\nhim might have been made under sub-section (1) of section 244, or for which he might have been convicted\nunder sub-section (2) thereof.\n(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the\nState Government, for any distinct offence for which a separate charge might have been made against him\nat the former trial under sub-section (1) of section 243.\n(3) A person convicted of any offence constituted by any act causing consequences which, together\nwith such act, constituted a different offence from that of which he was convicted, may be afterwards tried\nfor such last-mentioned offence, if the consequences had not happened, or were not known to the Court to\nhave happened, at the time when he was convicted.\n(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such\nacquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the\nsame acts which he may have committed if the Court by which he was first tried was not competent to try\nthe offence with which he is subsequently charged.\n(5) A person discharged under section 281 shall not be tried again for the same offence except with the\nconsent of the Court by which he was discharged or of any other Court to which the first-mentioned Court\nis subordinate.\n(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897\n(10 of 1897) or of section 208 of this Sanhita.\nExplanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the\npurposes of this section.\nIllustrations.\n(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal\nremains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with\ncriminal breach of trust.\n(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be\ntried again for culpable homicide.\n\n(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not\nafterwards be tried on the same facts for the murder of B.\n(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing\nhurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless\nthe case comes within sub-section (3) of this section.\n(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property\nfrom the person of B. A may subsequently be charged with, and tried for, robbery on the same facts.\n(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D.\nA, B and C may afterwards be charged with, and tried for, dacoity on the same facts.", "section_number": "337", "section_title": "Person once convicted or acquitted not to be tried for same offence", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 337, BNSS 2023" }, { "chunk_id": "BNSS_338", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 338: Appearance by Public Prosecutors.]\n\n338. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor\nin charge of a case may appear and plead without any written authority before any Court in which that case\nis under inquiry, trial or appeal.\n(2) If in any such case any private person instructs his advocate to prosecute any person in any Court,\nthe Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution,\nand the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant\nPublic Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence\nis closed in the case.", "section_number": "338", "section_title": "Appearance by Public Prosecutors", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 338, BNSS 2023" }, { "chunk_id": "BNSS_339", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 339: Permission to conduct prosecution.]\n\n339. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may\npermit the prosecution to be conducted by any person other than a police officer below the rank of inspector;\nbut no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or\nAssistant Public Prosecutor, shall be entitled to do so without such permission:\nProvided that no police officer shall be permitted to conduct the prosecution if he has taken part in the\ninvestigation into the offence with respect to which the accused is being prosecuted.\n(2) Any person conducting the prosecution may do so personally or by an advocate.", "section_number": "339", "section_title": "Permission to conduct prosecution", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 339, BNSS 2023" }, { "chunk_id": "BNSS_340", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 340: Right of person against whom proceedings are instituted to be defended.]\n\n340. Right of person against whom proceedings are instituted to be defended.— Any person\naccused of an offence before a Criminal Court, or against whom proceedings are instituted under this\nSanhita, may of right be defended by an advocate of his choice.", "section_number": "340", "section_title": "Right of person against whom proceedings are instituted to be defended", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 340, BNSS 2023" }, { "chunk_id": "BNSS_341", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 341: Legal aid to accused at State expense in certain cases.]\n\n341. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial or appeal before a\nCourt, the accused is not represented by an advocate, and where it appears to the Court that the accused has\nnot sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense\nof the State.\n(2) The High Court may, with the previous approval of the State Government, make rules providing\nfor—\n(a) the mode of selecting advocates for defence under sub-section (1);\n(b) the facilities to be allowed to such advocates by the Courts;\n(c) the fees payable to such advocates by the Government, and generally, for carrying out the\npurposes of sub-section (1).\n(3) The State Government may, by notification, direct that, as from such date as may be specified in\nthe notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before\nother Courts in the State as they apply in relation to trials before Courts of Session.", "section_number": "341", "section_title": "Legal aid to accused at State expense in certain cases", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 341, BNSS 2023" }, { "chunk_id": "BNSS_342", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 342: Procedure when corporation or registered society is an accused.]\n\n342. Procedure when corporation or registered society is an accused.—(1) In this\nsection, “corporation” means an incorporated company or other body corporate, and includes a society\nregistered under the Societies Registration Act, 1860 (21 of 1860).\n\n(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it\nmay appoint a representative for the purpose of the inquiry or trial and such appointment need not be under\nthe seal of the corporation.\n(3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall\nbe done in the presence of the accused or shall be read or stated or explained to the accused, shall be\nconstrued as a requirement that that thing shall be done in the presence of the representative or read or\nstated or explained to the representative, and any requirement that the accused shall be examined shall be\nconstrued as a requirement that the representative shall be examined.\n(4) Where a representative of a corporation does not appear, any such requirement as is referred to in\nsub-section (3) shall not apply.\n(5) Where a statement in writing purporting to be signed by the managing director of the corporation\nor by any person duly authorised by him (by whatever name called) having, or being one of the persons\nhaving the management of the affairs of the corporation to the effect that the person named in the statement\nhas been appointed as the representative of the corporation for the purposes of this section, is filed, the\nCourt shall, unless the contrary is proved, presume that such person has been so appointed.\n(6) If a question arises as to whether any person, appearing as the representative of a corporation in an\ninquiry or trial before a Court is or is not such representative, the question shall be determined by the Court.", "section_number": "342", "section_title": "Procedure when corporation or registered society is an accused", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 342, BNSS 2023" }, { "chunk_id": "BNSS_343", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 343: Tender of pardon to accomplice.]\n\n343. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person\nsupposed to have been directly or indirectly concerned in or privy to an offence to which this section applies,\nthe Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence,\nand the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial,\nmay tender a pardon to such person on condition of his making a full and true disclosure of the whole of\nthe circumstances within his knowledge relative to the offence and to every other person concerned,\nwhether as principal or abettor, in the commission thereof.\n(2) This section applies to—\n(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge\nappointed under any other law for the time being in force;\n(b) any offence punishable with imprisonment which may extend to seven years or with a more\nsevere sentence.\n(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—\n(a) his reasons for so doing;\n(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on\napplication made by the accused, furnish him with a copy of such record free of cost.\n(4) Every person accepting a tender of pardon made under sub-section (1)—\n(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence\nand in the subsequent trial, if any;\n(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.\n(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined\nunder sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further\ninquiry in the case—\n(a) commit it for trial—\n(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate\ntaking cognizance is the Chief Judicial Magistrate;\n\n(ii) to a Court of Special Judge appointed under any other law for the time being in force, if the\noffence is triable exclusively by that Court;\n(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case\nhimself.", "section_number": "343", "section_title": "Tender of pardon to accomplice", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 343, BNSS 2023" }, { "chunk_id": "BNSS_344", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 344: Power to direct tender of pardon.]\n\n344. Power to direct tender of pardon.—At any time after commitment of a case but before judgment\nis passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence\nof any person supposed to have been directly or indirectly concerned in, or privy to, any such offence,\ntender a pardon on the same condition to such person.", "section_number": "344", "section_title": "Power to direct tender of pardon", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 344, BNSS 2023" }, { "chunk_id": "BNSS_345", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 345: Trial of person not complying with conditions of pardon.]\n\n345. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person\nwho has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies\nthat in his opinion such person has, either by wilfully concealing anything essential or by giving false\nevidence, not complied with the condition on which the tender was made, such person may be tried for the\noffence in respect of which the pardon was so tendered or for any other offence of which he appears to have\nbeen guilty in connection with the same matter, and also for the offence of giving false evidence:\nProvided that such person shall not be tried jointly with any of the other accused:\nProvided further that such person shall not be tried for the offence of giving false evidence except with\nthe sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that\noffence.\n(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate\nunder section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him\nat such trial.\n(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon\nwhich such tender was made; in which case it shall be for the prosecution to prove that the condition has\nnot been complied with.\n(4) At such trial, the Court shall—\n(a) if it is a Court of Session, before the charge is read out and explained to the accused;\n(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is\ntaken,\nask the accused whether he pleads that he has complied with the conditions on which the tender of pardon\nwas made.\n(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall,\nbefore passing judgment in the case, find whether or not the accused has complied with the conditions of\nthe pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this\nSanhita, pass judgment of acquittal.", "section_number": "345", "section_title": "Trial of person not complying with conditions of pardon", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 345, BNSS 2023" }, { "chunk_id": "BNSS_346", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 346: Power to postpone or adjourn proceedings.]\n\n346. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall\nbe continued from day-to-day basis until all the witnesses in attendance have been examined, unless the\nCourt finds the adjournment of the same beyond the following day to be necessary for reasons to be\nrecorded:\nProvided that when the inquiry or trial relates to an offence under section 64, section 65, section 66,\nsection 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) the\ninquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet.\n(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or\nadvisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for\n\nreasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it\nconsiders reasonable, and may by a warrant remand the accused if in custody:\nProvided that no Court shall remand an accused person to custody under this section for a term\nexceeding fifteen days at a time:\nProvided further that when witnesses are in attendance, no adjournment or postponement shall be\ngranted, without examining them, except for special reasons to be recorded in writing:\nProvided also that no adjournment shall be granted for the purpose only of enabling the accused person\nto show cause against the sentence proposed to be imposed on him:\nProvided also that—\n(a) no adjournment shall be granted at the request of a party, except where the circumstances are\nbeyond the control of that party;\n(b) where the circumstances are beyond the control of a party, not more than two adjournments\nmay be granted by the Court after hearing the objections of the other party and for the reasons to be\nrecorded in writing;\n(c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for\nadjournment;\n(d) where a witness is present in Court but a party or his advocate is not present or the party or his\nadvocate though present in Court, is not ready to examine or cross-examine the witness, the Court may,\nif thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the\nexamination-in-chief or cross-examination of the witness, as the case may be.\nExplanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have\ncommitted an offence, and it appears likely that further evidence may be obtained by a remand, this is a\nreasonable cause for a remand.\nExplanation 2.—The terms on which an adjournment or postponement may be granted include, in\nappropriate cases, the payment of costs by the prosecution or the accused.", "section_number": "346", "section_title": "Power to postpone or adjourn proceedings", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 346, BNSS 2023" }, { "chunk_id": "BNSS_347", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 347: Local inspection.]\n\n347. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other\nproceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have\nbeen committed, or any other place which it is in his opinion necessary to view for the purpose of properly\nappreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a\nmemorandum of any relevant facts observed at such inspection.\n(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or\naccused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free\nof cost.", "section_number": "347", "section_title": "Local inspection", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 347, BNSS 2023" }, { "chunk_id": "BNSS_348", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 348: Power to summon material witness, or examine person present.]\n\n348. Power to summon material witness, or examine person present.—Any Court may, at any stage\nof any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine\nany person in attendance, though not summoned as a witness, or re-call and re-examine any person already\nexamined; and the Court shall summon and examine or re-call and re-examine any such person if his\nevidence appears to it to be essential to the just decision of the case.", "section_number": "348", "section_title": "Power to summon material witness, or examine person present", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 348, BNSS 2023" }, { "chunk_id": "BNSS_349", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 349: Power of Magistrate to order person to give specimen signatures or handwriting, etc.]\n\n349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.—If a\nMagistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this\nSanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or\nfinger impressions or handwriting or voice sample, he may make an order to that effect and in that case the\nperson to whom the order relates shall be produced or shall attend at the time and place specified in such\norder and shall give his specimen signatures or finger impressions or handwriting or voice sample:\n\nProvided that no order shall be made under this section unless the person has at some time been arrested\nin connection with such investigation or proceeding:\nProvided further that the Magistrate may, for the reasons to be recorded in writing, order any person to\ngive such specimen or sample without him being arrested.", "section_number": "349", "section_title": "Power of Magistrate to order person to give specimen signatures or handwriting, etc", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 349, BNSS 2023" }, { "chunk_id": "BNSS_350", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 350: Expenses of complainants and witnesses.]\n\n350. Expenses of complainants and witnesses.—Subject to any rules made by the State Government,\nany Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable\nexpenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding\nbefore such Court under this Sanhita.", "section_number": "350", "section_title": "Expenses of complainants and witnesses", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 350, BNSS 2023" }, { "chunk_id": "BNSS_351", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 351: Power to examine accused.]\n\n351. Power to examine accused.—(1) In every inquiry or trial, for the purpose of enabling the accused\npersonally to explain any circumstances appearing in the evidence against him, the Court—\n(a) may at any stage, without previously warning the accused put such questions to him as the\nCourt considers necessary;\n(b) shall, after the witnesses for the prosecution have been examined and before he is called on\nfor his defence, question him generally on the case:\nProvided that in a summons case, where the Court has dispensed with the personal attendance of\nthe accused, it may also dispense with his examination under clause (b).\n(2) No oath shall be administered to the accused when he is examined under sub-section (1).\n(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or\nby giving false answers to them.\n(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put\nin evidence for or against him in any other inquiry into, or trial for, any other offence which such answers\nmay tend to show he has committed.\n(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which\nare to be put to the accused and the Court may permit filing of written statement by the accused as sufficient\ncompliance of this section.", "section_number": "351", "section_title": "Power to examine accused", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 351, BNSS 2023" }, { "chunk_id": "BNSS_352", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 352: Oral arguments and memorandum of arguments.]\n\n352. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon\nas may be, after the close of his evidence, address concise oral arguments, and may, before he concludes\nthe oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct\nheadings, the arguments in support of his case and every such memorandum shall form part of the record.\n(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.\n(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments\nunless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.\n(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such\narguments.", "section_number": "352", "section_title": "Oral arguments and memorandum of arguments", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 352, BNSS 2023" }, { "chunk_id": "BNSS_353", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 353: Accused person to be competent witness.]\n\n353. Accused person to be competent witness.—(1) Any person accused of an offence before a\nCriminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of\nthe charges made against him or any person charged together with him at the same trial:\nProvided that—\n(a) he shall not be called as a witness except on his own request in writing;\n(b) his failure to give evidence shall not be made the subject of any comment by any of the parties\nor the Court or give rise to any presumption against himself or any person charged together with him\nat the same trial.\n\n(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or\nsection 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or\nPart D of Chapter XI, may offer himself as a witness in such proceedings:\nProvided that in proceedings under section 127, section 128, or section 129, the failure of such person\nto give evidence shall not be made the subject of any comment by any of the parties or the Court or give\nrise to any presumption against him or any other person proceeded against together with him at the same\ninquiry.", "section_number": "353", "section_title": "Accused person to be competent witness", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 353, BNSS 2023" }, { "chunk_id": "BNSS_354", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 354: No influence to be used to induce disclosure.]\n\n354. No influence to be used to induce disclosure.—Except as provided in sections 343 and 344, no\ninfluence, by means of any promise or threat or otherwise, shall be used to an accused person to induce\nhim to disclose or withhold any matter within his knowledge.", "section_number": "354", "section_title": "No influence to be used to induce disclosure", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 354, BNSS 2023" }, { "chunk_id": "BNSS_355", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 355: Provision for inquiries and trial being held in absence of accused in certain cases.]\n\n355. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At\nany stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be\nrecorded, that the personal attendance of the accused before the Court is not necessary in the interests of\njustice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if\nthe accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or\ntrial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of\nsuch accused.\n(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate\nconsiders his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him,\neither adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.\nExplanation.—For the purpose of this section, personal attendance of the accused includes attendance\nthrough audio-video electronic means.", "section_number": "355", "section_title": "Provision for inquiries and trial being held in absence of accused in certain cases", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 355, BNSS 2023" }, { "chunk_id": "BNSS_356", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 356: Inquiry, trial or judgment in absentia of proclaimed offender.]\n\n356. Inquiry, trial or judgment in absentia of proclaimed offender.—(1) Notwithstanding anything\ncontained in this Sanhita or in any other law for the time being in force, when a person declared as a\nproclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate\nprospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present\nand tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed\nwith the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce\nthe judgment:\nProvided that the Court shall not commence the trial unless a period of ninety days has lapsed from the\ndate of framing of the charge.\n(2) The Court shall ensure that the following procedure has been complied with before proceeding\nunder sub-section (1), namely: —\n(i) issuance of two consecutive warrants of arrest within the interval of at least thirty days;\n(ii) publish in a national or local daily newspaper circulating in the place of his last known address\nof residence, requiring the proclaimed offender to appear before the Court for trial and informing him\nthat in case he fails to appear within thirty days from the date of such publication, the trial shall\ncommence in his absence;\n(iii) inform his relative or friend, if any, about the commencement of the trial; and\n(iv) affix information about the commencement of the trial on some conspicuous part of the house\nor homestead in which such person ordinarily resides and display in the police station of the district of\nhis last known address of residence.\n\n(3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an\nadvocate for his defence at the expense of the State.\n(4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for\nprosecution and recorded their depositions, such depositions shall be given in evidence against such\nproclaimed offender on the inquiry into, or in trial for, the offence with which he is charged:\nProvided that if the proclaimed offender is arrested and produced or appears before the Court during\nsuch trial, the Court may, in the interest of justice, allow him to examine any evidence which may have\nbeen taken in his absence.\n(5) Where a trial is related to a person under this section, the deposition and examination of the witness,\nmay, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such\nrecording shall be kept in such manner as the Court may direct.\n(6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has\ncommenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the\njudgment even if he is arrested and produced or appears at the conclusion of such trial.\n(7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents\nhimself before the Court of appeal:\nProvided that no appeal against conviction shall lie after the expiry of three years from the date of the\njudgment.\n(8) The State may, by notification, extend the provisions of this section to any absconder mentioned in\nsub-section (1) of section 84.", "section_number": "356", "section_title": "Inquiry, trial or judgment in absentia of proclaimed offender", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 356, BNSS 2023" }, { "chunk_id": "BNSS_357", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 357: Procedure where accused does not understand proceedings.]\n\n357. Procedure where accused does not understand proceedings.—If the accused, though not a\nperson of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the\ninquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction,\nthe proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the\nHigh Court shall pass thereon such order as it thinks fit.", "section_number": "357", "section_title": "Procedure where accused does not understand proceedings", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 357, BNSS 2023" }, { "chunk_id": "BNSS_358", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 358: Power to proceed against other persons appearing to be guilty of offence.]\n\n358. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the\ncourse of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the\naccused has committed any offence for which such person could be tried together with the accused, the\nCourt may proceed against such person for the offence which he appears to have committed.\n(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances\nof the case may require, for the purpose aforesaid.\n(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by\nsuch Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.\n(4) Where the Court proceeds against any person under sub-section (1), then—\n(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-\nheard;\n(b) subject to the provisions of clause (a), the case may proceed as if such person had been an\naccused person when the Court took cognizance of the offence upon which the inquiry or trial was\ncommenced.", "section_number": "358", "section_title": "Power to proceed against other persons appearing to be guilty of offence", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 358, BNSS 2023" }, { "chunk_id": "BNSS_359", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 359: Compounding of offences.]\n\n359. Compounding of offences.—(1) The offences punishable under the sections of the Bharatiya\nNyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may be\ncompounded by the persons mentioned in the third column of that Table: —\nTABLE\nOffence Section of the Bharatiya Nyaya Person by whom offence\nSanhita, 2023 applicable may be compounded\n1 2 3\nEnticing or taking away or 84 The husband of the woman\ndetaining with criminal intent a and the woman.\nmarried woman.\nVoluntarily causing hurt. 115(2) The person to whom the hurt\nis caused.\nVoluntarily causing hurt on 122(1) The person to whom the hurt\nprovocation. is caused.\nVoluntarily causing grievous hurt 122(2) The person to whom the hurt\non grave and sudden provocation. is caused.\nWrongfully restraining or 126(2), 127(2) The person restrained or\nconfining any person. confined.\nWrongfully confining a person for 127(3) The person confined.\nthree days or more.\nWrongfully confining a person for 127(4) T he person confined.\nten days or more.\nWrongfully confining a person in 127(6) The person confined.\nsecret.\nAssault or use of criminal force. 131,133,136 The person assaulted or to\nwhom criminal force is used.\nUttering words, etc., with 302 The person whose religious\ndeliberate intent to wound the feelings are intended to be\nreligious feelings of any person. wounded.\nTheft. 303(2) The owner of the property\nstolen.\nDishonest misappropriation of 314 The owner of the property\nproperty. misappropriated.\nCriminal breach of trust by a 316(3) The owner of the property in\ncarrier, wharfinger, etc. respect of which the breach\nof trust has been committed.\n\n1 2 3\nDishonestly receiving stolen property knowing it to 317(2) The owner of the property stolen.\nbe stolen.\nAssisting in the concealment or disposal of stolen 317(5) The owner of the property stolen.\nproperty, knowing it to be stolen.\nCheating. 318(2) The person cheated.\nCheating by personation. 319(2) The person cheated.\nFraudulent removal or concealment of property, 320 The creditors who are affected\netc., to prevent distribution among creditors. thereby.\nFraudulently preventing from being made available 321 The creditors who are affected\nfor his creditors a debt or demand due to the thereby.\noffender.\nFraudulent execution of deed of transfer containing 322 The person affected thereby.\nfalse statement of consideration.\nFraudulent removal or concealment of property. 323 The person affected thereby.\nMischief, when the only loss or damage caused is 324(2), 324(4) The person to whom the loss or\nloss or damage to a private person. damage is caused.\nMischief by killing or maiming animal. 325 The owner of the animal.\nMischief by injury to works of irrigation by 326(a) The person to whom the loss or\nwrongfully diverting water when the only loss or damage is caused.\ndamage caused is loss or damage to private person.\nCriminal trespass. 329(3) The person in possession of the\nproperty trespassed upon.\nHouse-trespass. 329(4) The person in possession of the\nproperty trespassed upon.\nHouse-trespass to commit an offence (other than 332(c) The person in possession of the\ntheft) punishable with imprisonment. house trespassed upon.\nUsing a false trade or property mark. 345(3) The person to whom loss or injury is\ncaused by such use.\nCounterfeiting a property mark used by another. 347(1) The person to whom loss or injury is\ncaused by such use.\n\n1 2 3\nSelling goods marked with a counterfeit property 349 The person to whom loss or injury is\nmark. caused by such use.\nCriminal intimidation. 351(2), 351(3) The person intimidated.\nInsult intended to provoke a breach of peace. 352 The person insulted.\nInducing person to believe himself an object of 354 The person induced.\ndivine displeasure.\nDefamation, except such cases as are specified 356(2) The person defamed.\nagainst section 356(2) of the Bharatiya Nyaya\nSanhita, 2023, (45 of 2023) column 1 of the Table\nunder sub-section (2).\nPrinting or engraving matter, knowing it to be 356(3) The person defamed.\ndefamatory.\nSale of printed or engraved substance containing 356(4) The person defamed.\ndefamatory matter, knowing it to contain such\nmatter.\nCriminal breach of contract of service. 357 The person with whom the offender\nhas contracted.\n(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)\nspecified in the first two columns of the Table next following may, with the permission of the Court before\nwhich any prosecution for such offence is pending, be compounded by the persons mentioned in the third\ncolumn of that Table:.—\nTable\nOffence Section of the Person by whom offence may\nBharatiya Nyaya be compounded\nSanhita applicable\n1 2 3\nWord, gesture or act intended to insult the 79 The woman whom it was\nmodesty of a woman. intended to insult or whose\nprivacy was intruded upon.\nMarrying again during the life-time of a 82(1) The husband or wife of the\nhusband or wife. person so marrying.\nCausing miscarriage. 88 The woman to whom\nmiscarriage is caused.\nVoluntarily causing grievous hurt. 117(2) The person to whom hurt is\ncaused.\n\n1 2 3\nCausing hurt by doing an act so rashly and 125(a) The person to whom hurt is\nnegligently as to endanger human life or caused.\nthe personal safety of others.\nCausing grievous hurt by doing an act so 125(b) The person to whom hurt is\nrashly and negligently as to endanger caused.\nhuman life or the personal safety of others.\nAssault or criminal force in attempting 135 The person assaulted or to\nwrongfully to confine a person. whom the force was used.\nTheft, by clerk or servant of property in 306 The owner of the property\npossession of master. stolen.\nCriminal breach of trust. 316(2) The owner of the property in\nrespect of which breach of\ntrust has been committed.\nCriminal breach of trust by a clerk or 316(4) The owner of the property in\nservant. respect of which the breach of\ntrust has been committed.\nCheating a person whose interest the 318(3) The person cheated.\noffender was bound, either by law or by\nlegal contract, to protect.\nCheating and dishonestly inducing delivery 318(4) The person cheated.\nof property or the making, alteration or\ndestruction of a valuable security.\nDefamation against the President or the 356(2) The person defamed.\nVice-President or the Governor of the State\nor the Administrator of the Union territory\nor a Minister in respect of his public\nfunctions when instituted upon a complaint\nmade by the public prosecutor.\n(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to\ncommit such offence (when such attempt is itself an offence) or where the accused is liable under\nsub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), may be\ncompounded in like manner.\n(4) (a) When the person who would otherwise be competent to compound an offence under this\nsection is a child or of unsound mind, any person competent to contract on his behalf may, with the\npermission of the Court, compound such offence;\n(b) When the person who would otherwise be competent to compound an offence under this section is\ndead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person\nmay, with the consent of the Court, compound such offence.\n\n(5) When the accused has been committed for trial or when he has been convicted and an appeal is\npending, no composition for the offence shall be allowed without the leave of the Court to which he is\ncommitted, or, as the case may be, before which the appeal is to be heard.\n(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442\nmay allow any person to compound any offence which such person is competent to compound under this\nsection.\n(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either\nto enhanced punishment or to a punishment of a different kind for such offence.\n(8) The composition of an offence under this section shall have the effect of an acquittal of the accused\nwith whom the offence has been compounded.\n(9) No offence shall be compounded except as provided by this section.", "section_number": "359", "section_title": "Compounding of offences", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 359, BNSS 2023" }, { "chunk_id": "BNSS_360", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 360: Withdrawal from prosecution.]\n\n360. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge\nof a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from\nthe prosecution of any person either generally or in respect of any one or more of the offences for which he\nis tried; and, upon such withdrawal,—\n(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such\noffence or offences;\n(b) if it is made after a charge has been framed, or when under this Sanhita no charge is required,\nhe shall be acquitted in respect of such offence or offences:\nProvided that where such offence—\n(i) was against any law relating to a matter to which the executive power of the Union extends; or\n(ii) was investigated under any Central Act; or\n(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the\nCentral Government; or\n(iv) was committed by a person in the service of the Central Government while acting or purporting\nto act in the discharge of his official duty,\nand the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not,\nunless he has been permitted by the Central Government to do so, move the Court for its consent to\nwithdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to\nproduce before it the permission granted by the Central Government to withdraw from the prosecution:\nProvided further that no Court shall allow such withdrawal without giving an opportunity of being\nheard to the victim in the case.", "section_number": "360", "section_title": "Withdrawal from prosecution", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 360, BNSS 2023" }, { "chunk_id": "BNSS_361", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 361: Procedure in cases which Magistrate cannot dispose of.]\n\n361. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry\ninto an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a\npresumption--\n(a) that he has no jurisdiction to try the case or commit it for trial; or\n(b) that the case is one which should be tried or committed for trial by some other Magistrate in the\ndistrict; or\n(c) that the case should be tried by the Chief Judicial Magistrate,\nhe shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief\nJudicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.\n\n(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or\nrefer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.", "section_number": "361", "section_title": "Procedure in cases which Magistrate cannot dispose of", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 361, BNSS 2023" }, { "chunk_id": "BNSS_362", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS. It covers Section 362: Procedure when after commencement of inquiry or trial, Magistrate finds case should be.]\n\n362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be\ncommitted.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage\nof the proceedings before signing the judgment that the case is one which ought to be tried by the Court of\nSession, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the\nprovisions of Chapter XIX shall apply to the commitment so made.", "section_number": "362", "section_title": "Procedure when after commencement of inquiry or trial, Magistrate finds case should be", "chapter": "CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS", "act": "BNSS 2023", "source_label": "Section 362, BNSS 2023" }, { "chunk_id": "BNSS_363", "text": "[Context: This section is from BNSS 2023, Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three. It covers Section 363: Trial of persons previously convicted of offences against coinage, stamp-law or.]\n\n363. Trial of persons previously convicted of offences against coinage, stamp-law or\nproperty.—(1) Where a person, having been convicted of an offence punishable under Chapter X or\nyears or upwards, is again accused of any offence punishable under either of those Chapters with\nimprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is\nsatisfied that there is ground for presuming that such person has committed the offence, he shall be sent for\ntrial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is\ncompetent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is\nconvicted.\n(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of\nSession under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall\nbe similarly sent or committed, unless the Magistrate discharges such other person under section 262 or\nsection 268, as the case may be.", "section_number": "363", "section_title": "Trial of persons previously convicted of offences against coinage, stamp-law or", "chapter": "Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three", "act": "BNSS 2023", "source_label": "Section 363, BNSS 2023" }, { "chunk_id": "BNSS_364", "text": "[Context: This section is from BNSS 2023, Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three. It covers Section 364: Procedure when Magistrate cannot pass sentence sufficiently severe.]\n\n364. Procedure when Magistrate cannot pass sentence sufficiently severe.—(1) Whenever a\nMagistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is\nguilty, and that he ought to receive a punishment different in kind from, or more severe than, that which\nsuch Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the\naccused ought to be required to execute a bond or bail bond under section 125, he may record the opinion\nand submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is\nsubordinate.\n(2) When more accused persons than one are being tried together, and the Magistrate considers it\nnecessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the\naccused, who are in his opinion guilty, to the Chief Judicial Magistrate.\n(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine\nthe parties and recall and examine any witness who has already given evidence in the case and may call for\nand take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit,\nand is according to law.", "section_number": "364", "section_title": "Procedure when Magistrate cannot pass sentence sufficiently severe", "chapter": "Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three", "act": "BNSS 2023", "source_label": "Section 364, BNSS 2023" }, { "chunk_id": "BNSS_365", "text": "[Context: This section is from BNSS 2023, Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three. It covers Section 365: Conviction or commitment on evidence partly recorded by one Magistrate and partly by.]\n\n365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by\nanother.—(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part\nof the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another\nJudge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding\nmay act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly\nrecorded by himself:\nProvided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of\nthe witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-\nsummon any such witness, and after such further examination, cross-examination and re-examination, if\nany, as he may permit, the witness shall be discharged.\n\n(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or\nfrom one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction\ntherein, and to be succeeded by the latter, within the meaning of sub-section (1).\n(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed\nunder section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.", "section_number": "365", "section_title": "Conviction or commitment on evidence partly recorded by one Magistrate and partly by", "chapter": "Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three", "act": "BNSS 2023", "source_label": "Section 365, BNSS 2023" }, { "chunk_id": "BNSS_366", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 366: Court to be open.]\n\n366. Court to be open.—(1) The place in which any Criminal Court is held for the purpose of inquiring\ninto or trying any offence shall be deemed to be an open Court, to which the public generally may have\naccess, so far as the same can conveniently contain them:\nProvided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry\ninto, or trial of, any particular case, that the public generally, or any particular person, shall not have access\nto, or be or remain in, the room or building used by the Court.\n(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an\noffence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the\nBharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of\nChildren from Sexual Offences Act, 2012 (32 of 2012) shall be conducted in camera:\nProvided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties,\nallow any particular person to have access to, or be or remain in, the room or building used by the Court:\nProvided further that in camera trial shall be conducted as far as practicable by a woman Judge or\nMagistrate.\n(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print\nor publish any matter in relation to any such proceedings except with the previous permission of the Court:\nProvided that the ban on printing or publication of trial proceedings in relation to an offence of rape\nmay be lifted, subject to maintaining confidentiality of name and address of the parties.", "section_number": "366", "section_title": "Court to be open", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 366, BNSS 2023" }, { "chunk_id": "BNSS_367", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 367: Procedure in case of accused being person of unsound mind.]\n\n367. Procedure in case of accused being person of unsound mind.—(1) When a Magistrate holding\nan inquiry has reason to believe that the person against whom the inquiry is being held is a person of\nunsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact\nof such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district\nor such other medical officer as the State Government may direct, and thereupon shall examine such\nsurgeon or other medical officer as a witness, and shall reduce the examination to writing.\n(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to\na psychiatrist or clinical psychologist of Government hospital or Government medical college for care,\ntreatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be,\nshall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual\ndisability:\nProvided that if the accused is aggrieved by the information given by the psychiatric or clinical\npsychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board\nwhich shall consist of—\n(a) head of psychiatry unit in the nearest Government hospital; and\n(b) a faculty member in psychiatry in the nearest Government medical college.\n(3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance\nwith the provisions of section 369.\n\n(4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound\nmind, the Magistrate shall further determine whether the unsoundness of mind renders the accused\nincapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding\nto that effect, and shall examine the record of evidence produced by the prosecution and after hearing the\nadvocate of the accused but without questioning the accused, if he finds that no prima facie case is made\nout against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with\nhim in the manner provided under section 369:\nProvided that if the Magistrate finds that a prima facie case is made out against the accused in respect\nof whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period,\nas in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused,\nand order the accused to be dealt with as provided under section 369.\n(5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual\ndisability, the Magistrate shall further determine whether the intellectual disability renders the accused\nincapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure\nof the inquiry and deal with the accused in the manner provided under section 369.", "section_number": "367", "section_title": "Procedure in case of accused being person of unsound mind", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 367, BNSS 2023" }, { "chunk_id": "BNSS_368", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 368: Procedure in case of person of unsound mind tried before Court.]\n\n368. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any\nperson before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of\nunsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first\ninstance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after\nconsidering such medical and other evidence as may be produced before him or it, is satisfied of the fact,\nhe or it shall record a finding to that effect and shall postpone further proceedings in the case.\n(2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it\nshall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist\nor clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is\nsuffering from unsoundness of mind:\nProvided that if the accused is aggrieved by the information given by the psychiatrist or clinical\npsychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board\nwhich shall consist of—\n(a) head of psychiatry unit in the nearest Government hospital; and\n(b) a faculty member in psychiatry in the nearest Government medical college.\n(3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of\nunsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders\nthe accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court\nshall record a finding to that effect and shall examine the record of evidence produced by the prosecution\nand after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court\nfinds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial,\ndischarge the accused and deal with him in the manner provided under section 369:\nProvided that if the Magistrate or Court finds that a prima facie case is made out against the accused in\nrespect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period,\nas in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused.\n(4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is\nincapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order\nthe accused to be dealt with in accordance with section 369.", "section_number": "368", "section_title": "Procedure in case of person of unsound mind tried before Court", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 368, BNSS 2023" }, { "chunk_id": "BNSS_369", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 369: Release of person of unsound mind pending investigation or trial.]\n\n369. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if\nfound under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of\nmind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in\nwhich bail may be taken or not, order release of such person on bail:\nProvided that the accused is suffering from unsoundness of mind or intellectual disability which does\nnot mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric\ntreatment from the nearest medical facility and to prevent from doing injury to himself or to any other\nperson.\n(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot\nbe granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such\na place where regular psychiatric treatment can be provided, and shall report the action taken to the State\nGovernment:\nProvided that no order for the detention of the accused in a public mental health establishment shall be\nmade otherwise than in accordance with such rules as the State Government may have made under the\nMental Healthcare Act, 2017 (10 of 2017).\n(3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence\nby reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be,\nshall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual\ndisability, further determine if the release of the accused can be ordered:\nProvided that—\n(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case\nmay be, decide to order discharge of the accused, as provided under section 367 or section 368, such\nrelease may be ordered, if sufficient security is given that the accused shall be prevented from doing\ninjury to himself or to any other person;\n(b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused\ncannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of\nmind or intellectual disability may be ordered wherein the accused may be provided care and\nappropriate education and training.", "section_number": "369", "section_title": "Release of person of unsound mind pending investigation or trial", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 369, BNSS 2023" }, { "chunk_id": "BNSS_370", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 370: Resumption of inquiry or trial.]\n\n370. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under\nsection 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person\nconcerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear\nor be brought before such Magistrate or Court.\n(2) When the accused has been released under section 369, and the sureties for his appearance produce\nhim to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that\nthe accused is capable of making his defence shall be receivable in evidence.", "section_number": "370", "section_title": "Resumption of inquiry or trial", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 370, BNSS 2023" }, { "chunk_id": "BNSS_371", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 371: Procedure on accused appearing before Magistrate or Court.]\n\n371. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused\nappears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court\nconsiders him capable of making his defence, the inquiry or trial shall proceed.\n(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the\nMagistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be,\nand if the accused is found to be of unsound mind and consequently incapable of making his defence, shall\ndeal with such accused in accordance with the provisions of section 369.", "section_number": "371", "section_title": "Procedure on accused appearing before Magistrate or Court", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 371, BNSS 2023" }, { "chunk_id": "BNSS_372", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 372: When accused appears to have been of sound mind.]\n\n372. When accused appears to have been of sound mind.—When the accused appears to be of sound\nmind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that\nthere is reason to believe that the accused committed an act, which, if he had been of sound mind, would\n\nhave been an offence, and that he was, at the time when the act was committed, by reason of unsoundness\nof mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate\nshall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for\ntrial before the Court of Session.", "section_number": "372", "section_title": "When accused appears to have been of sound mind", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 372, BNSS 2023" }, { "chunk_id": "BNSS_373", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 373: Judgment of acquittal on ground of unsoundness of mind.]\n\n373. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted\nupon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of\nunsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that\nit was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.", "section_number": "373", "section_title": "Judgment of acquittal on ground of unsoundness of mind", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 373, BNSS 2023" }, { "chunk_id": "BNSS_374", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 374: Person acquitted on ground of unsoundness of mind to be detained in safe custody.]\n\n374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.—(1)\nWhenever the finding states that the accused person committed the act alleged, the Magistrate or Court\nbefore whom or which the trial has been held, shall, if such act would, but for the incapacity found, have\nconstituted an offence,—\n(a) order such person to be detained in safe custody in such place and manner as the Magistrate or\nCourt thinks fit; or\n(b) order such person to be delivered to any relative or friend of such person.\n(2) No order for the detention of the accused in a public mental health establishment shall be made\nunder clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government\nmay have made under the Mental Healthcare Act, 2017 (10 of 2017).\n(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-\nsection (1) except upon the application of such relative or friend and on his giving security to the satisfaction\nof the Magistrate or Court that the person delivered shall—\n(a) be properly taken care of and prevented from doing injury to himself or to any other person;\n(b) be produced for the inspection of such officer, and at such times and places, as the State\nGovernment may direct.\n(4) The Magistrate or Court shall report to the State Government the action taken under\nsub-section (1).", "section_number": "374", "section_title": "Person acquitted on ground of unsoundness of mind to be detained in safe custody", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 374, BNSS 2023" }, { "chunk_id": "BNSS_375", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 375: Power of State Government to empower officer in charge to discharge.]\n\n375. Power of State Government to empower officer in charge to discharge.—The State\nGovernment may empower the officer in charge of the jail in which a person is confined under the\nprovisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of\nPrisons under section 376 or section 377.", "section_number": "375", "section_title": "Power of State Government to empower officer in charge to discharge", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 375, BNSS 2023" }, { "chunk_id": "BNSS_376", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 376: Procedure where prisoner of unsound mind is reported capable of making his defence.]\n\n376. Procedure where prisoner of unsound mind is reported capable of making his defence.—If\na person is detained under the provisions of sub-section (2) of section 369, and in the case of a person\ndetained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental\nhealth establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017\n(10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he\nshall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court\nappoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and\nthe certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.", "section_number": "376", "section_title": "Procedure where prisoner of unsound mind is reported capable of making his defence", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 376, BNSS 2023" }, { "chunk_id": "BNSS_377", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND. It covers Section 377: Procedure where person of unsound mind detained is declared fit to be released.]\n\n377. Procedure where person of unsound mind detained is declared fit to be released.—(1) If a\nperson is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-\nGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his\ndoing injury to himself or to any other person, the State Government may thereupon order him to be\nreleased, or to be detained in custody, or to be transferred to a public mental health establishment if he has\nnot been already sent to such establishment; and, in case it orders him to be transferred to a public mental\nhealth establishment, may appoint a Commission, consisting of a Judicial and two medical officers.\n\n(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such\nevidence as is necessary, and shall report to the State Government, which may order his release or detention\nas it thinks fit.", "section_number": "377", "section_title": "Procedure where person of unsound mind detained is declared fit to be released", "chapter": "CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND", "act": "BNSS 2023", "source_label": "Section 377, BNSS 2023" }, { "chunk_id": "BNSS_378", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 378: Delivery of person of unsound mind to care of relative or friend.]\n\n378. Delivery of person of unsound mind to care of relative or friend.—(1) Whenever any relative\nor friend of any person detained under the provisions of section 369 or section 374 desires that he shall be\ndelivered to his care and custody, the State Government may, upon the application of such relative or friend\nand on his giving security to the satisfaction of such State Government, that the person delivered shall—\n(a) be properly taken care of and prevented from doing injury to himself or to any other person;\n(b) be produced for the inspection of such officer, and at such times and places, as the State\nGovernment may direct;\n(c) in the case of a person detained under sub-section (2) of section 369, be produced when required\nbefore such Magistrate or Court,\norder such person to be delivered to such relative or friend.\n(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason\nof his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in\nclause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of\nmaking his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused\nwas delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or\nCourt shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting\nofficer shall be receivable as evidence.", "section_number": "378", "section_title": "Delivery of person of unsound mind to care of relative or friend", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 378, BNSS 2023" }, { "chunk_id": "BNSS_379", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 379: Procedure in cases mentioned in section 215.]\n\n379. Procedure in cases mentioned in section 215.—(1) When, upon an application made to it in this\nbehalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry\nshould be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears\nto have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of\na document produced or given in evidence in a proceeding in that Court, such Court may, after such\npreliminary inquiry, if any, as it thinks necessary,—\n(a) record a finding to that effect;\n(b) make a complaint thereof in writing;\n(c) send it to a Magistrate of the first class having jurisdiction;\n(d) take sufficient security for the appearance of the accused before such Magistrate, or if the\nalleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody\nto such Magistrate; and\n(e) bind over any person to appear and give evidence before such Magistrate.\n(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where\nthat Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an\napplication for the making of such complaint, be exercised by the Court to which such former Court is\nsubordinate within the meaning of sub-section (4) of section 215.\n(3) A complaint made under this section shall be signed,—\n(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court\nmay appoint;\n\n(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the\nCourt may authorise in writing in this behalf.\n(4) In this section, “Court” has the same meaning as in section 215.", "section_number": "379", "section_title": "Procedure in cases mentioned in section 215", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 379, BNSS 2023" }, { "chunk_id": "BNSS_380", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 380: Appeal.]\n\n380. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to\nmake a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint\nhas been made by such Court, may appeal to the Court to which such former Court is subordinate within\nthe meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the\nparties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint\nwhich such former Court might have made under section 379, and, if it makes such complaint, the\nprovisions of that section shall apply accordingly.\n(2) An order under this section, and subject to any such order, an order under section 379, shall be final,\nand shall not be subject to revision.", "section_number": "380", "section_title": "Appeal", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 380, BNSS 2023" }, { "chunk_id": "BNSS_381", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 381: Power to order costs.]\n\n381. Power to order costs.—Any Court dealing with an application made to it for filing a complaint\nunder section 379 or an appeal under section 380, shall have power to make such order as to costs as may\nbe just.", "section_number": "381", "section_title": "Power to order costs", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 381, BNSS 2023" }, { "chunk_id": "BNSS_382", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 382: Procedure of Magistrate taking cognizance.]\n\n382. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made\nunder section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far\nas may be, to deal with the case as if it were instituted on a police report.\n(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case\nmay have been transferred, that an appeal is pending against the decision arrived at in the judicial\nproceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of\nthe case until such appeal is decided.", "section_number": "382", "section_title": "Procedure of Magistrate taking cognizance", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 382, BNSS 2023" }, { "chunk_id": "BNSS_383", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 383: Summary procedure for trial for giving false evidence.]\n\n383. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any\njudgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first\nclass expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or\nwilfully given false evidence or had fabricated false evidence with the intention that such evidence should\nbe used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of\njustice that the witness should be tried summarily for giving or fabricating, as the case may be, false\nevidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of\nshowing cause why he should not be punished for such offence, try such offender summarily and sentence\nhim to imprisonment for a term which may extend to three months, or to fine which may extend to one\nthousand rupees, or with both.\n(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed\nfor summary trials.\n(3) Nothing in this section shall affect the power of the Court to make a complaint under section 379\nfor the offence, where it does not choose to proceed under this section.\n(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session\nor Magistrate of the first class that an appeal or an application for revision has been preferred or filed against\nthe judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall\nstay further proceedings of the trial until the disposal of the appeal or the application for revision, as the\ncase may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or\napplication for revision.", "section_number": "383", "section_title": "Summary procedure for trial for giving false evidence", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 383, BNSS 2023" }, { "chunk_id": "BNSS_384", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 384: Procedure in certain cases of contempt.]\n\n384. Procedure in certain cases of contempt.—(1) When any such offence as is described\nin section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya\nSanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court,\nthe Court may cause the offender to be detained in custody, and may, at any time before the rising of the\n\nCourt on the same day, take cognizance of the offence and, after giving the offender a reasonable\nopportunity of showing cause why he should not be punished under this section, sentence the offender to\nfine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a\nterm which may extend to one month, unless such fine be sooner paid.\n(2) In every such case the Court shall record the fact constituting the offence, with the statement (if\nany) made by the offender, as well as the finding and sentence.\n(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record\nshall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was\nsitting, and the nature of the interruption or insult.", "section_number": "384", "section_title": "Procedure in certain cases of contempt", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 384, BNSS 2023" }, { "chunk_id": "BNSS_385", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 385: Procedure where Court considers that case should not be dealt with under.]\n\n385. Procedure where Court considers that case should not be dealt with under\nsection 384.—(1) If the Court in any case considers that a person accused of any of the offences referred\nto in section 384 and committed in its view or presence should be imprisoned otherwise than in default of\npayment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court\nis for any other reason of opinion that the case should not be disposed of under section 384, such Court,\nafter recording the facts constituting the offence and the statement of the accused as hereinbefore provided,\nmay forward the case to a Magistrate having jurisdiction to try the same, and may require security to be\ngiven for the appearance of such person before such Magistrate, or if sufficient security is not given, shall\nforward such person in custody to such Magistrate.\n(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far\nas may be, as if it were instituted on a police report.", "section_number": "385", "section_title": "Procedure where Court considers that case should not be dealt with under", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 385, BNSS 2023" }, { "chunk_id": "BNSS_386", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 386: When Registrar or Sub-Registrar to be deemed a Civil Court.]\n\n386. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government\nso directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908),\nshall be deemed to be a Civil Court within the meaning of sections 384 and 385.", "section_number": "386", "section_title": "When Registrar or Sub-Registrar to be deemed a Civil Court", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 386, BNSS 2023" }, { "chunk_id": "BNSS_387", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 387: Discharge of offender on submission of apology.]\n\n387. Discharge of offender on submission of apology.—When any Court has under section 384\nadjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for\nrefusing or omitting to do anything which he was lawfully required to do or for any intentional insult or\ninterruption, the Court may, in its discretion, discharge the offender or remit the punishment on his\nsubmission to the order or requisition of such Court, or on apology being made to its satisfaction.", "section_number": "387", "section_title": "Discharge of offender on submission of apology", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 387, BNSS 2023" }, { "chunk_id": "BNSS_388", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 388: Imprisonment or committal of person refusing to answer or produce document.]\n\n388. Imprisonment or committal of person refusing to answer or produce document.—If any\nwitness or person called to produce a document or thing before a Criminal Court refuses to answer such\nquestions as are put to him or to produce any document or thing in his possession or power which the Court\nrequires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer\nany reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him\nto simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to\nthe custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such\nperson consents to be examined and to answer, or to produce the document or thing and in the event of his\npersisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385.", "section_number": "388", "section_title": "Imprisonment or committal of person refusing to answer or produce document", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 388, BNSS 2023" }, { "chunk_id": "BNSS_389", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 389: Summary procedure for punishment for non-attendance by a witness in obedience to.]\n\n389. Summary procedure for punishment for non-attendance by a witness in obedience to\nsummons.—(1) If any witness being summoned to appear before a Criminal Court is legally bound to\nappear at a certain place and time in obedience to the summons and without just excuse neglects or refuses\nto attend at that place or time or departs from the place where he has to attend before the time at which it is\nlawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient\nin the interests of justice that such a witness should be tried summarily, the Court may take cognizance of\nthe offence and after giving the offender an opportunity of showing cause why he should not be punished\nunder this section, sentence him to fine not exceeding five hundred rupees.\n\n(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed\nfor summary trials.", "section_number": "389", "section_title": "Summary procedure for punishment for non-attendance by a witness in obedience to", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 389, BNSS 2023" }, { "chunk_id": "BNSS_390", "text": "[Context: This section is from BNSS 2023, CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. It covers Section 390: Appeals from convictions under sections 383, 384, 388 and 389.]\n\n390. Appeals from convictions under sections 383, 384, 388 and 389.—(1) Any person sentenced by\nany Court other than a High Court under section 383, section 384, section 388, or section 389 may,\nnotwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in\nsuch Court are ordinarily appealable.\n(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this\nsection, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed\nagainst.\n(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the\nsessions division within which such Court is situate.\n(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by\nvirtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division\nwithin which the office of such Registrar or Sub-Registrar is situate.", "section_number": "390", "section_title": "Appeals from convictions under sections 383, 384, 388 and 389", "chapter": "CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE", "act": "BNSS 2023", "source_label": "Section 390, BNSS 2023" }, { "chunk_id": "BNSS_391", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 391: Certain Judges and Magistrates not to try certain offences when committed before.]\n\n391. Certain Judges and Magistrates not to try certain offences when committed before\nthemselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other\nthan a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215,\nwhen such offence is committed before himself or in contempt of his authority, or is brought under his\nnotice as such Judge or Magistrate in the course of a judicial proceeding.", "section_number": "391", "section_title": "Certain Judges and Magistrates not to try certain offences when committed before", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 391, BNSS 2023" }, { "chunk_id": "BNSS_392", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 392: Judgment.]\n\n392. Judgment.—(1) The judgment in every trial in any Criminal Court of original jurisdiction shall\nbe pronounced in open Court by the presiding officer immediately after the termination of the trial or at\nsome subsequent time not later than forty-five days of which notice shall be given to the parties or their\nadvocates,—\n(a) by delivering the whole of the judgment; or\n(b) by reading out the whole of the judgment; or\n(c) by reading out the operative part of the judgment and explaining the substance of the judgment\nin a language which is understood by the accused or his advocate.\n(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause\nit to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and\nwrite on it the date of the delivery of the judgment in open Court.\n(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of\nsub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and\nif it is not written with his own hand, every page of the judgment shall be signed by him.\n(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the\nwhole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their\nadvocates free of cost:\nProvided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within\na period of seven days from the date of judgment.\n(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person\nor through audio-video electronic means.\n\n(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment\npronounced, except where his personal attendance during the trial has been dispensed with and the sentence\nis one of fine only or he is acquitted:\nProvided that where there are more accused persons than one, and one or more of them do not attend\nthe Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to\navoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.\n(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the\nabsence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any\nomission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such\nday and place.\n(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of\nsection 511.", "section_number": "392", "section_title": "Judgment", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 392, BNSS 2023" }, { "chunk_id": "BNSS_393", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 393: Language and contents of judgment.]\n\n393. Language and contents of judgment.—(1) Except as otherwise expressly provided by this\nSanhita, every judgment referred to in section 392,—\n(a) shall be written in the language of the Court;\n(b) shall contain the point or points for determination, the decision thereon and the reasons for the\ndecision;\n(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya\nSanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to\nwhich he is sentenced;\n(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and\ndirect that he be set at liberty.\n(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful\nunder which of two sections, or under which of two parts of the same section, of that Sanhita the offence\nfalls, the Court shall distinctly express the same, and pass judgment in the alternative.\n(3) When the conviction is for an offence punishable with death or, in the alternative, with\nimprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the\nsentence awarded, and, in the case of sentence of death, the special reasons for such sentence.\n(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more,\nbut the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its\nreasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court\nor unless the case was tried summarily under the provisions of this Sanhita.\n(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till\nhe is dead.\n(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under\nsection 144, section 164 or section 166 shall contain the point or points for determination, the decision\nthereon and the reasons for the decision.", "section_number": "393", "section_title": "Language and contents of judgment", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 393, BNSS 2023" }, { "chunk_id": "BNSS_394", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 394: Order for notifying address of previously convicted offender.]\n\n394. Order for notifying address of previously convicted offender.—(1) When any person, having\nbeen convicted by a Court in India of an offence punishable with imprisonment for a term of three years,\nor upwards, is again convicted of any offence punishable with imprisonment for a term of three years or\nupwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at\nthe time of passing a sentence of imprisonment on such person, also order that his residence and any change\nof, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding\nfive years from the date of the expiration of such sentence.\n\n(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences\nand to the abetment of such offences and attempts to commit them.\n(3) If such conviction is set aside on appeal or otherwise, such order shall become void.\n(4) An order under this section may also be made by an Appellate Court or by the High Court or Court\nof Session when exercising its powers of revision.\n(5) The State Government may, by notification, make rules to carry out the provisions of this section\nrelating to the notification of residence or change of, or absence from, residence by released convicts.\n(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach\nof any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place\nlast notified by him as his place of residence is situated.", "section_number": "394", "section_title": "Order for notifying address of previously convicted offender", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 394, BNSS 2023" }, { "chunk_id": "BNSS_395", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 395: Order to pay compensation.]\n\n395. Order to pay compensation.—(1) When a Court imposes a sentence of fine or a sentence\n(including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order\nthe whole or any part of the fine recovered to be applied—\n(a) in defraying the expenses properly incurred in the prosecution;\n(b) in the payment to any person of compensation for any loss or injury caused by the offence,\nwhen compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;\n(c) when any person is convicted of any offence for having caused the death of another person or\nof having abetted the commission of such an offence, in paying compensation to the persons who are,\nunder the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person\nsentenced for the loss resulting to them from such death;\n(d) when any person is convicted of any offence which includes theft, criminal misappropriation,\ncriminal breach of trust, or cheating, or of having dishonestly received or retained, or of having\nvoluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be\nstolen, in compensating any bona fide purchaser of such property for the loss of the same if such\nproperty is restored to the possession of the person entitled thereto.\n(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before\nthe period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision\nof the appeal.\n(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing\njudgment, order the accused person to pay, by way of compensation, such amount as may be specified in\nthe order to the person who has suffered any loss or injury by reason of the act for which the accused person\nhas been so sentenced.\n(4) An order under this section may also be made by an Appellate Court or by the High Court or Court\nof Session when exercising its powers of revision.\n(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the\nCourt shall take into account any sum paid or recovered as compensation under this section.", "section_number": "395", "section_title": "Order to pay compensation", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 395, BNSS 2023" }, { "chunk_id": "BNSS_396", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 396: Victim compensation scheme.]\n\n396. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central\nGovernment shall prepare a scheme for providing funds for the purpose of compensation to the victim or\nhis dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.\n(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service\nAuthority or the State Legal Service Authority, as the case may be, shall decide the quantum of\ncompensation to be awarded under the scheme referred to in sub-section (1).\n\n(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under\nsection 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the\nvictim has to be rehabilitated, it may make recommendation for compensation.\n(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes\nplace, the victim or his dependents may make an application to the State or the District Legal Services\nAuthority for award of compensation.\n(5) On receipt of such recommendations or on the application under sub-section (4), the State or the\nDistrict Legal Services Authority shall, after due enquiry award adequate compensation by completing the\nenquiry within two months.\n(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of\nthe victim, may order for immediate first-aid facility or medical benefits to be made available free of cost\non the certificate of the police officer not below the rank of the officer in charge of the police station or a\nMagistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.\n(7) The compensation payable by the State Government under this section shall be in addition to the\npayment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the\nBharatiya Nyaya Sanhita, 2023 (45 of 2023).", "section_number": "396", "section_title": "Victim compensation scheme", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 396, BNSS 2023" }, { "chunk_id": "BNSS_397", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 397: Treatment of victims.]\n\n397. Treatment of victims.—All hospitals, public or private, whether run by the Central Government,\nthe State Government, local bodies or any other person, shall immediately, provide the first-aid or medical\ntreatment, free of cost, to the victims of any offence covered under section 64, section 65, section\n66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya\nSanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual\nOffences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident.", "section_number": "397", "section_title": "Treatment of victims", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 397, BNSS 2023" }, { "chunk_id": "BNSS_398", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 398: Witness protection scheme.]\n\n398. Witness protection scheme.—Every State Government shall prepare and notify a Witness\nProtection Scheme for the State with a view to ensure protection of the witnesses.", "section_number": "398", "section_title": "Witness protection scheme", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 398, BNSS 2023" }, { "chunk_id": "BNSS_399", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 399: Compensation to persons groundlessly arrested.]\n\n399. Compensation to persons groundlessly arrested.—(1) Whenever any person causes a police\nofficer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no\nsufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one\nthousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time\nand expenses in the matter, as the Magistrate thinks fit.\n(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to\neach of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.\n(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot\nbe so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term\nnot exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.", "section_number": "399", "section_title": "Compensation to persons groundlessly arrested", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 399, BNSS 2023" }, { "chunk_id": "BNSS_400", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 400: Order to pay costs in non-cognizable cases.]\n\n400. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable\noffence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed\nupon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the\nprosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment\nfor a period not exceeding thirty days and such costs may include any expenses incurred in respect of\nprocess-fees, witnesses and advocate's fees which the Court may consider reasonable.\n(2) An order under this section may also be made by an Appellate Court or by the High Court or Court\nof Session when exercising its powers of revision.", "section_number": "400", "section_title": "Order to pay costs in non-cognizable cases", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 400, BNSS 2023" }, { "chunk_id": "BNSS_401", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 401: Order to release on probation of good conduct or after admonition.]\n\n401. Order to release on probation of good conduct or after admonition.—(1) When any person\nnot under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment\nfor a term of seven years or less, or when any person under twenty-one years of age or any woman is\n\nconvicted of an offence not punishable with death or imprisonment for life, and no previous conviction is\nproved against the offender, if it appears to the Court before which he is convicted, regard being had to the\nage, character or antecedents of the offender, and to the circumstances in which the offence was committed,\nthat it is expedient that the offender should be released on probation of good conduct, the Court may, instead\nof sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail\nbond to appear and receive sentence when called upon during such period (not exceeding three years) as\nthe Court may direct, and in the meantime to keep the peace and be of good behavior:\nProvided that where any first offender is convicted by a Magistrate of the second class not specially\nempowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section\nshould be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate\nof the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who\nshall dispose of the case in the manner provided by sub-section (2).\n(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1),\nsuch Magistrate may thereupon pass such sentence or make such order as he might have passed or made if\nthe case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any\npoint to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or\nevidence to be made or taken.\n(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation,\ncheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’\nimprisonment or any offence punishable with fine only and no previous conviction is proved against him,\nthe Court before which he is so convicted may, if it thinks fit, having regard to the age, character,\nantecedents or physical or mental condition of the offender and to the trivial nature of the offence or any\nextenuating circumstances under which the offence was committed, instead of sentencing him to any\npunishment, release him after due admonition.\n(4) An order under this section may be made by any Appellate Court or by the High Court or Court of\nSession when exercising its powers of revision.\n(5) When an order has been made under this section in respect of any offender, the High Court or Court\nof Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of\nrevision, set aside such order, and in lieu thereof pass sentence on such offender according to law:\nProvided that the High Court or Court of Session shall not under this sub-section inflict a greater\npunishment than might have been inflicted by the Court by which the offender was convicted.\n(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties\noffered in pursuance of the provisions of this section.\n(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that\nan offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the\nCourt acts or in which the offender is likely to live during the period named for the observance of the\nconditions.\n(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in\nrespect of his original offence, is satisfied that the offender has failed to observe any of the conditions of\nhis recognizance, it may issue a warrant for his apprehension.\n(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court\nissuing the warrant, and such Court may either remand him in custody until the case is heard or admit him\nto bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing\nthe case, pass sentence.\n\n(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958\n(20 of 1958), or the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other\nlaw for the time being in force for the treatment, training or rehabilitation of youthful offenders.", "section_number": "401", "section_title": "Order to release on probation of good conduct or after admonition", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 401, BNSS 2023" }, { "chunk_id": "BNSS_402", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 402: Special reasons to be recorded in certain cases.]\n\n402. Special reasons to be recorded in certain cases.—Where in any case the Court could have dealt\nwith,—\n(a) an accused person under section 401 or under the provisions of the Probation of Offenders Act,\n1958 (20 of 1958); or\n(b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015\n(2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of\nyouthful offenders,\nbut has not done so, it shall record in its judgment the special reasons for not having done so.", "section_number": "402", "section_title": "Special reasons to be recorded in certain cases", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 402, BNSS 2023" }, { "chunk_id": "BNSS_403", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 403: Court not to alter judgment.]\n\n403. Court not to alter judgment.—Save as otherwise provided by this Sanhita or by any other law\nfor the time being in force, no Court, when it has signed its judgment or final order disposing of a case,\nshall alter or review the same except to correct a clerical or arithmetical error.", "section_number": "403", "section_title": "Court not to alter judgment", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 403, BNSS 2023" }, { "chunk_id": "BNSS_404", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 404: Copy of judgment to be given to accused and other persons.]\n\n404. Copy of judgment to be given to accused and other persons.—(1) When the accused is\nsentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the\njudgment, be given to him free of cost.\n(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a\ntranslation in his own language if practicable or in the language of the Court, shall be given to him without\ndelay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of\ncost:\nProvided that where a sentence of death is passed or confirmed by the High Court, a certified copy of\nthe judgment shall be immediately given to the accused free of cost whether or not he applies for the same.\n(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply\nin relation to a judgment which is appealable by the accused.\n(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of\nright, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be\npreferred.\n(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed\nby a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges,\nbe given a copy of such judgment or order or of any deposition or other part of the record:\nProvided that the Court may, if it thinks fit for some special reason, give it to him free of cost:\nProvided further that the Court may, on an application made in this behalf by the Prosecuting Officer,\nprovide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.\n(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal\nCourt to any person who is not affected by a judgment or order, on payment, by such person, of such fees,\nand subject to such conditions, as the High Court may, by such rules, provide.", "section_number": "404", "section_title": "Copy of judgment to be given to accused and other persons", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 404, BNSS 2023" }, { "chunk_id": "BNSS_405", "text": "[Context: This section is from BNSS 2023, CHAPTER XXIX THE JUDGMENT. It covers Section 405: Judgment when to be translated.]\n\n405. Judgment when to be translated.—The original judgment shall be filed with the record of the\nproceedings and where the original is recorded in a language different from that of the Court, and if either\nparty so requires, a translation thereof into the language of the Court shall be added to such record.", "section_number": "405", "section_title": "Judgment when to be translated", "chapter": "CHAPTER XXIX THE JUDGMENT", "act": "BNSS 2023", "source_label": "Section 405, BNSS 2023" }, { "chunk_id": "BNSS_406", "text": "[Context: This section is from BNSS 2023, CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION. It covers Section 406: Court of Session to send copy of finding and sentence to District Magistrate.]\n\n406. Court of Session to send copy of finding and sentence to District Magistrate.—In cases tried\nby the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be,\nshall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local\njurisdiction the trial was held.", "section_number": "406", "section_title": "Court of Session to send copy of finding and sentence to District Magistrate", "chapter": "CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION", "act": "BNSS 2023", "source_label": "Section 406, BNSS 2023" }, { "chunk_id": "BNSS_407", "text": "[Context: This section is from BNSS 2023, CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION. It covers Section 407: Sentence of death to be submitted by Court of Session for confirmation.]\n\n407. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court\nof Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and\nthe sentence shall not be executed unless it is confirmed by the High Court.\n(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.", "section_number": "407", "section_title": "Sentence of death to be submitted by Court of Session for confirmation", "chapter": "CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION", "act": "BNSS 2023", "source_label": "Section 407, BNSS 2023" }, { "chunk_id": "BNSS_408", "text": "[Context: This section is from BNSS 2023, CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION. It covers Section 408: Power to direct further inquiry to be made or additional evidence to be taken.]\n\n408. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when\nsuch proceedings are submitted, the High Court thinks that a further inquiry should be made into, or\nadditional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it\nmay make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.\n(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed\nwith when such inquiry is made or such evidence is taken.\n(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such\ninquiry or evidence shall be certified to such Court.", "section_number": "408", "section_title": "Power to direct further inquiry to be made or additional evidence to be taken", "chapter": "CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION", "act": "BNSS 2023", "source_label": "Section 408, BNSS 2023" }, { "chunk_id": "BNSS_409", "text": "[Context: This section is from BNSS 2023, CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION. It covers Section 409: Power of High Court to confirm sentence or annul conviction.]\n\n409. Power of High Court to confirm sentence or annul conviction.—In any case submitted under\nsection 407, the High Court—\n(a) may confirm the sentence, or pass any other sentence warranted by law; or\n(b) may annul the conviction, and convict the accused of any offence of which the Court of Session\nmight have convicted him, or order a new trial on the same or an amended charge; or\n(c) may acquit the accused person:\nProvided that no order of confirmation shall be made under this section until the period allowed for\npreferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is\ndisposed of.", "section_number": "409", "section_title": "Power of High Court to confirm sentence or annul conviction", "chapter": "CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION", "act": "BNSS 2023", "source_label": "Section 409, BNSS 2023" }, { "chunk_id": "BNSS_410", "text": "[Context: This section is from BNSS 2023, CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION. It covers Section 410: Confirmation or new sentence to be signed by two Judges.]\n\n410. Confirmation or new sentence to be signed by two Judges.—In every case so submitted, the\nconfirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such\nCourt consists of two or more Judges, be made, passed and signed by at least two of them.", "section_number": "410", "section_title": "Confirmation or new sentence to be signed by two Judges", "chapter": "CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION", "act": "BNSS 2023", "source_label": "Section 410, BNSS 2023" }, { "chunk_id": "BNSS_411", "text": "[Context: This section is from BNSS 2023, CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION. It covers Section 411: Procedure in case of difference of opinion.]\n\n411. Procedure in case of difference of opinion.—Where any such case is heard before a Bench of\nJudges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by\nsection 433.", "section_number": "411", "section_title": "Procedure in case of difference of opinion", "chapter": "CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION", "act": "BNSS 2023", "source_label": "Section 411, BNSS 2023" }, { "chunk_id": "BNSS_412", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS. It covers Section 412: Procedure in cases submitted to High Court for confirmation.]\n\n412. Procedure in cases submitted to High Court for confirmation.—In cases submitted by the\nCourt of Session to the High Court for the confirmation of a sentence of death, the proper officer of the\nHigh Court shall, without delay, after the order of confirmation or other order has been made by the High\nCourt, send either physically, or through electronic means, a copy of the order, under the seal of the High\nCourt and attested with his official signature, to the Court of Session.", "section_number": "412", "section_title": "Procedure in cases submitted to High Court for confirmation", "chapter": "CHAPTER XXXI APPEALS", "act": "BNSS 2023", "source_label": "Section 412, BNSS 2023" }, { "chunk_id": "BNSS_413", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 413: No appeal to lie unless otherwise provided.]\n\n413. No appeal to lie unless otherwise provided.—No appeal shall lie from any judgment or order of\n\nProvided that the victim shall have a right to prefer an appeal against any order passed by the Court\nacquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such\nappeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.", "section_number": "413", "section_title": "No appeal to lie unless otherwise provided", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 413, BNSS 2023" }, { "chunk_id": "BNSS_414", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 414: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping.]\n\n414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping\npeace or good behavior.—Any person, —\n(i) who has been ordered under section 136 to give security for keeping the peace or for good\nbehaviour; or\n(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140,\nmay appeal against such order to the Court of Session:\nProvided that nothing in this section shall apply to persons the proceedings against whom are laid before\na Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141.", "section_number": "414", "section_title": "Appeal from orders requiring security or refusal to accept or rejecting surety for keeping", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 414, BNSS 2023" }, { "chunk_id": "BNSS_415", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 415: Appeals from convictions.]\n\n415. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its\nextraordinary original criminal jurisdiction may appeal to the Supreme Court.\n(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a\ntrial held by any other Court in which a sentence of imprisonment for more than seven years has been\npassed against him or against any other person convicted at the same trial, may appeal to the High Court.\n(3) Save as otherwise provided in sub-section (2), any person,--\n(a) convicted on a trial held by Magistrate of the first class, or of the second class; or\n(b) sentenced under section 364; or\n(c) in respect of whom an order has been made or a sentence has been passed under section 401 by\nany Magistrate,\nmay appeal to the Court of Session.\n(4) When an appeal has been filed against a sentence passed under section 64, section 65,\nsection 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal\nshall be disposed of within a period of six months from the date of filing of such appeal.", "section_number": "415", "section_title": "Appeals from convictions", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 415, BNSS 2023" }, { "chunk_id": "BNSS_416", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 416: No appeal in certain cases when accused pleads guilty.]\n\n416. No appeal in certain cases when accused pleads guilty.—Notwithstanding anything in section\n415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no\nappeal,—\n(i) if the conviction is by a High Court; or\n(ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to\nthe extent or legality of the sentence.", "section_number": "416", "section_title": "No appeal in certain cases when accused pleads guilty", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 416, BNSS 2023" }, { "chunk_id": "BNSS_417", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 417: No appeal in petty cases.]\n\n417. No appeal in petty cases.—Notwithstanding anything in section 415, there shall be no appeal by\na convicted person in any of the following cases, namely: —\n(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three\nmonths or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;\n(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three\nmonths or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;\n(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred\nrupees; or\n(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only\na sentence of fine not exceeding two hundred rupees:\n\nProvided that an appeal may be brought against any such sentence if any other punishment is combined\nwith it, but such sentence shall not be appealable merely on the ground—\n(i) that the person convicted is ordered to furnish security to keep the peace; or\n(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or\n(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed\ndoes not exceed the amount hereinbefore specified in respect of the case.", "section_number": "417", "section_title": "No appeal in petty cases", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 417, BNSS 2023" }, { "chunk_id": "BNSS_418", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 418: Appeal by State Government against sentence.]\n\n418. Appeal by State Government against sentence.—(1) Save as otherwise provided in\nsub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than\na High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its\ninadequacy—\n(a) to the Court of Session, if the sentence is passed by the Magistrate; and\n(b) to the High Court, if the sentence is passed by any other Court.\n(2) If such conviction is in a case in which the offence has been investigated by any agency empowered\nto make investigation into an offence under any Central Act other than this Sanhita, the Central Government\nmay also direct the Public Prosecutor to present an appeal against the sentence on the ground of its\ninadequacy—\n(a) to the Court of Session, if the sentence is passed by the Magistrate; and\n(b) to the High Court, if the sentence is passed by any other Court.\n(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of\nSession or, as the case may be, the High Court shall not enhance the sentence except after giving to the\naccused a reasonable opportunity of showing cause against such enhancement and while showing cause,\nthe accused may plead for his acquittal or for the reduction of the sentence.\n(4) When an appeal has been filed against a sentence passed under section 64, section 65,\nsection 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal\nshall be disposed of within a period of six months from the date of filing of such appeal.", "section_number": "418", "section_title": "Appeal by State Government against sentence", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 418, BNSS 2023" }, { "chunk_id": "BNSS_419", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 419: Appeal in case of acquittal.]\n\n419. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject\nto the provisions of sub-sections (3) and (5),—\n(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the\nCourt of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-\nbailable offence;\n(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the\nHigh Court from an original or appellate order of acquittal passed by any Court other than a High Court\nnot being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.\n(2) If such an order of acquittal is passed in a case in which the offence has been investigated by any\nagency empowered to make investigation into an offence under any Central Act other than this Sanhita, the\nCentral Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to\npresent an appeal—\n(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a\ncognizable and non-bailable offence;\n(b) to the High Court from an original or appellate order of an acquittal passed by any Court other\nthan a High Court not being an order under clause (a) or an order of acquittal passed by the Court of\nSession in revision.\n\n(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except\nwith the leave of the High Court.\n(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on\nan application made to it by the complainant in this behalf, grants special leave to appeal from the order of\nacquittal, the complainant may present such an appeal to the High Court.\n(5) No application under sub-section (4) for the grant of special leave to appeal from an order of\nacquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a\npublic servant, and sixty days in every other case, computed from the date of that order of acquittal.\n(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an\norder of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under\nsub-section (2).", "section_number": "419", "section_title": "Appeal in case of acquittal", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 419, BNSS 2023" }, { "chunk_id": "BNSS_420", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 420: Appeal against conviction by High Court in certain cases.]\n\n420. Appeal against conviction by High Court in certain cases.—Where the High Court has, on\nappeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death\nor to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme\nCourt.", "section_number": "420", "section_title": "Appeal against conviction by High Court in certain cases", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 420, BNSS 2023" }, { "chunk_id": "BNSS_421", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 421: Special right of appeal in certain cases.]\n\n421. Special right of appeal in certain cases.—Notwithstanding anything in this Chapter, when more\npersons than one are convicted in one trial, and an appealable judgment or order has been passed in respect\nof any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.", "section_number": "421", "section_title": "Special right of appeal in certain cases", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 421, BNSS 2023" }, { "chunk_id": "BNSS_422", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 422: Appeal to Court of Session how heard.]\n\n422. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an\nappeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional\nSessions Judge:\nProvided that an appeal against a conviction on a trial held by a Magistrate of the second class may be\nheard and disposed of by the Chief Judicial Magistrate.\n(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the\nSessions Judge of the division may, by general or special order, make over to him or as the High Court\nmay, by special order, direct him to hear.", "section_number": "422", "section_title": "Appeal to Court of Session how heard", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 422, BNSS 2023" }, { "chunk_id": "BNSS_423", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 423: Petition of appeal.]\n\n423. Petition of appeal.—Every appeal shall be made in the form of a petition in writing presented by\nthe appellant or his advocate, and every such petition shall (unless the Court to which it is presented\notherwise directs) be accompanied by a copy of the judgment or order appealed against.", "section_number": "423", "section_title": "Petition of appeal", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 423, BNSS 2023" }, { "chunk_id": "BNSS_424", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 424: Procedure when appellant in jail.]\n\n424. Procedure when appellant in jail.—If the appellant is in jail, he may present his petition of\nappeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon\nforward such petition and copies to the proper Appellate Court.", "section_number": "424", "section_title": "Procedure when appellant in jail", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 424, BNSS 2023" }, { "chunk_id": "BNSS_425", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 425: Summary dismissal of appeal.]\n\n425. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of the\njudgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient\nground for interfering, it may dismiss the appeal summarily:\nProvided that—\n(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate\nhas had a reasonable opportunity of being heard in support of the same;\n(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a\nreasonable opportunity of being heard in support of the same, unless the Appellate Court considers that\nthe appeal is frivolous or that the production of the accused in custody before the Court would involve\nsuch inconvenience as would be disproportionate in the circumstances of the case;\n(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed\nfor preferring such appeal has expired.\n\n(2) Before dismissing an appeal under this section, the Court may call for the record of the case.\n(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the\nChief Judicial Magistrate, it shall record its reasons for doing so.\n(4) Where an appeal presented under section 424 has been dismissed summarily under this section and\nthe Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the\nsame appellant has not been considered by it, that Court may, notwithstanding anything contained in section\n434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in\naccordance with law.", "section_number": "425", "section_title": "Summary dismissal of appeal", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 425, BNSS 2023" }, { "chunk_id": "BNSS_426", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 426: Procedure for hearing appeals not dismissed summarily.]\n\n426. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not\ndismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard\nto be given—\n(i) to the appellant or his advocate;\n(ii) to such officer as the State Government may appoint in this behalf;\n(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the\ncomplainant;\n(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such\nofficer, complainant and accused with a copy of the grounds of appeal.\n(2) The Appellate Court shall then send for the record of the case, if such record is not already available\nin that Court, and hear the parties:\nProvided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose\nof the appeal without sending for the record.\n(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the\nappellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.", "section_number": "426", "section_title": "Procedure for hearing appeals not dismissed summarily", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 426, BNSS 2023" }, { "chunk_id": "BNSS_427", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 427: Powers of Appellate Court.]\n\n427. Powers of Appellate Court.—After perusing such record and hearing the appellant or his\nadvocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418\nor section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient\nground for interfering, dismiss the appeal, or may—\n(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be\nmade, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and\npass sentence on him according to law;\n(b) in an appeal from a conviction—\n(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be\nre-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for\ntrial; or\n(ii) alter the finding, maintaining the sentence; or\n(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent,\nof the sentence, but not so as to enhance the same;\n(c) in an appeal for enhancement of sentence—\n(i) reverse the finding and sentence and acquit or discharge the accused or order him to be\nre-tried by a Court competent to try the offence; or\n(ii) alter the finding maintaining the sentence; or\n\n(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent,\nof the sentence, so as to enhance or reduce the same;\n(d) in an appeal from any other order, alter or reverse such order;\n(e) make any amendment or any consequential or incidental order that may be just or proper:\nProvided that the sentence shall not be enhanced unless the accused has had an opportunity of showing\ncause against such enhancement:\nProvided further that the Appellate Court shall not inflict greater punishment for the offence which in\nits opinion the accused has committed, than might have been inflicted for that offence by the Court passing\nthe order or sentence under appeal.", "section_number": "427", "section_title": "Powers of Appellate Court", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 427, BNSS 2023" }, { "chunk_id": "BNSS_428", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 428: Judgments of subordinate Appellate Court.]\n\n428. Judgments of subordinate Appellate Court.—The rules contained in Chapter XXIX as to the\njudgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the\njudgment in appeal of a Court of Session or Chief Judicial Magistrate:\nProvided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or\nrequired to attend, to hear judgment delivered.", "section_number": "428", "section_title": "Judgments of subordinate Appellate Court", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 428, BNSS 2023" }, { "chunk_id": "BNSS_429", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 429: Order of High Court on appeal to be certified to lower Court.]\n\n429. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided\non appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which\nthe finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial\nMagistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through\nthe Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's\njudgment or order shall be sent through the District Magistrate.\n(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders\nas are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended\nin accordance therewith.", "section_number": "429", "section_title": "Order of High Court on appeal to be certified to lower Court", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 429, BNSS 2023" }, { "chunk_id": "BNSS_430", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 430: Suspension of sentence pending appeal; release of appellant on bail.]\n\n430. Suspension of sentence pending appeal; release of appellant on bail.—(1) Pending any appeal\nby a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the\nexecution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he\nbe released on bail, or on his own bond or bail bond:\nProvided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted\nperson who is convicted of an offence punishable with death or imprisonment for life or imprisonment for\na term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing\nagainst such release:\nProvided further that in cases where a convicted person is released on bail it shall be open to the Public\nProsecutor to file an application for the cancellation of the bail.\n(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court\nin the case of an appeal by a convicted person to a Court subordinate thereto.\n(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present\nan appeal, the Court shall,—\n(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three\nyears; or\n(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,\norder that the convicted person be released on bail, unless there are special reasons for refusing bail, for\nsuch period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court\n\nunder sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be\ndeemed to be suspended.\n(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life,\nthe time during which he is so released shall be excluded in computing the term for which he is so sentenced.", "section_number": "430", "section_title": "Suspension of sentence pending appeal; release of appellant on bail", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 430, BNSS 2023" }, { "chunk_id": "BNSS_431", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 431: Arrest of accused in appeal from acquittal.]\n\n431. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 419,\nthe High Court may issue a warrant directing that the accused be arrested and brought before it or any\nsubordinate Court, and the Court before which he is brought may commit him to prison pending the disposal\nof the appeal or admit him to bail.", "section_number": "431", "section_title": "Arrest of accused in appeal from acquittal", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 431, BNSS 2023" }, { "chunk_id": "BNSS_432", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:. It covers Section 432: Appellate Court may take further evidence or direct it to be taken.]\n\n432. Appellate Court may take further evidence or direct it to be taken.—(1) In dealing with any\nappeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record\nits reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the\nAppellate Court is a High Court, by a Court of Session or a Magistrate.\n(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify\nsuch evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.\n(3) The accused or his advocate shall have the right to be present when the additional evidence is taken.\n(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it\nwere an inquiry.", "section_number": "432", "section_title": "Appellate Court may take further evidence or direct it to be taken", "chapter": "CHAPTER XXXI APPEALS a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:", "act": "BNSS 2023", "source_label": "Section 432, BNSS 2023" }, { "chunk_id": "BNSS_433", "text": "[Context: This section is from BNSS 2023, Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with. It covers Section 433: Procedure where Judges of Court of appeal are equally divided.]\n\n433. Procedure where Judges of Court of appeal are equally divided.—When an appeal under this\ntheir opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he\nthinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:\nProvided that if one of the Judges constituting the Bench, or, where the appeal is laid before another\nJudge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench\nof Judges.", "section_number": "433", "section_title": "Procedure where Judges of Court of appeal are equally divided", "chapter": "Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with", "act": "BNSS 2023", "source_label": "Section 433, BNSS 2023" }, { "chunk_id": "BNSS_434", "text": "[Context: This section is from BNSS 2023, Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with. It covers Section 434: Finality of judgments and orders on appeal.]\n\n434. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate\nCourt upon an appeal shall be final, except in the cases provided for in section 418, section 419,\nsub-section (4) of section 425 or Chapter XXXII:\nProvided that notwithstanding the final disposal of an appeal against conviction in any case, the\nAppellate Court may hear and dispose of, on the merits,—\n(a) an appeal against acquittal under section 419, arising out of the same case; or\n(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.", "section_number": "434", "section_title": "Finality of judgments and orders on appeal", "chapter": "Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with", "act": "BNSS 2023", "source_label": "Section 434, BNSS 2023" }, { "chunk_id": "BNSS_435", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 435: Abatement of appeals.]\n\n435. Abatement of appeals.—(1) Every appeal under section 418 or section 419 shall finally abate on\nthe death of the accused.\n(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate\non the death of the appellant:\nProvided that where the appeal is against a conviction and sentence of death or of imprisonment, and\nthe appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the\ndeath of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted,\nthe appeal shall not abate.\nExplanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or\nsister.", "section_number": "435", "section_title": "Abatement of appeals", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 435, BNSS 2023" }, { "chunk_id": "BNSS_436", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 436: Reference to High Court.]\n\n436. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves\na question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act,\nOrdinance or Regulation, the determination of which is necessary for the disposal of the case, and is of\nopinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so\ndeclared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall\nstate a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High\nCourt.\nExplanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses\nAct, 1897 (10 of 1897), or in the General Clauses Act of a State.\n(2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub-\nsection (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing\nof such case.\n(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may,\npending the decision of the High Court thereon, either commit the accused to jail or release him on bail to\nappear when called upon.", "section_number": "436", "section_title": "Reference to High Court", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 436, BNSS 2023" }, { "chunk_id": "BNSS_437", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 437: Disposal of case according to decision of High Court.]\n\n437. Disposal of case according to decision of High Court.—(1) When a question has been so\nreferred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order\nto be sent to the Court by which the reference was made, which shall dispose of the case conformably to\nthe said order.\n(2) The High Court may direct by whom the costs of such reference shall be paid.", "section_number": "437", "section_title": "Disposal of case according to decision of High Court", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 437, BNSS 2023" }, { "chunk_id": "BNSS_438", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 438: Calling for records to exercise powers of revision.]\n\n438. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge\nmay call for and examine the record of any proceeding before any inferior Criminal Court situate within its\nor his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or\npropriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings\nof such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or\norder be suspended, and if the accused is in confinement that he be released on his own bond or bail bond\npending the examination of the record.\nExplanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or\nappellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-\nsection and of section 439.\n(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any\ninterlocutory order passed in any appeal, inquiry, trial or other proceeding.\n(3) If an application under this section has been made by any person either to the High Court or to the\nSessions Judge, no further application by the same person shall be entertained by the other of them.", "section_number": "438", "section_title": "Calling for records to exercise powers of revision", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 438, BNSS 2023" }, { "chunk_id": "BNSS_439", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 439: Power to order inquiry.]\n\n439. Power to order inquiry.—On examining any record under section 438 or otherwise, the High\nCourt or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates\nsubordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate\nMagistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-\nsection (4) of section 227, or into the case of any person accused of an offence who has been discharged:\nProvided that no Court shall make any direction under this section for inquiry into the case of any\nperson who has been discharged unless such person has had an opportunity of showing cause why such\ndirection should not be made.", "section_number": "439", "section_title": "Power to order inquiry", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 439, BNSS 2023" }, { "chunk_id": "BNSS_440", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 440: Sessions Judge's powers of revision.]\n\n440. Sessions Judge's powers of revision.—(1) In the case of any proceeding the record of which has\nbeen called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised\nby the High Court under sub-section (1) of section 442.\n(2) Where any proceeding by way of revision is commenced before a Sessions Judge under\nsub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be,\napply to such proceeding and references in the said sub-sections to the High Court shall be construed as\nreferences to the Sessions Judge.\n(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge,\nthe decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding\nby way of revision at the instance of such person shall be entertained by the High Court or any other Court.", "section_number": "440", "section_title": "Sessions Judge's powers of revision", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 440, BNSS 2023" }, { "chunk_id": "BNSS_441", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 441: Power of Additional Sessions Judge.]\n\n441. Power of Additional Sessions Judge.—An Additional Sessions Judge shall have and may\nexercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be\ntransferred to him by or under any general or special order of the Sessions Judge.", "section_number": "441", "section_title": "Power of Additional Sessions Judge", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 441, BNSS 2023" }, { "chunk_id": "BNSS_442", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 442: High Court's powers of revision.]\n\n442. High Court's powers of revision.—(1) In the case of any proceeding the record of which has\nbeen called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion,\nexercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court\nof Session by section 344, and, when the Judges composing the Court of revision are equally divided in\nopinion, the case shall be disposed of in the manner provided by section 433.\n(2) No order under this section shall be made to the prejudice of the accused or other person unless he\nhas had an opportunity of being heard either personally or by advocate in his own defence.\n(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal\ninto one of conviction.\n(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision\nshall be entertained at the instance of the party who could have appealed.\n(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High\nCourt by any person and the High Court is satisfied that such application was made under the erroneous\nbelief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court\nmay treat the application for revision as a petition of appeal and deal with the same accordingly.", "section_number": "442", "section_title": "High Court's powers of revision", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 442, BNSS 2023" }, { "chunk_id": "BNSS_443", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 443: Power of High Court to withdraw or transfer revision cases.]\n\n443. Power of High Court to withdraw or transfer revision cases.—(1) Whenever one or more\npersons convicted at the same trial makes or make application to a High Court for revision and any other\nperson convicted at the same trial makes an application to the Sessions Judge for revision, the High Court\nshall decide, having regard to the general convenience of the parties and the importance of the questions\ninvolved, which of the two Courts should finally dispose of the applications for revision and when the High\nCourt decides that all the applications for revision should be disposed of by itself, the High Court shall\ndirect that the applications for revision pending before the Sessions Judge be transferred to itself and where\nthe High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct\nthat the applications for revision made to it be transferred to the Sessions Judge.\n(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with\nthe same as if it were an application duly made before itself.\n(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal\nwith the same as if it were an application duly made before himself.\n(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further\napplication for revision shall lie to the High Court or to any other Court at the instance of the person or\npersons whose applications for revision have been disposed of by the Sessions Judge.", "section_number": "443", "section_title": "Power of High Court to withdraw or transfer revision cases", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 443, BNSS 2023" }, { "chunk_id": "BNSS_444", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXII REFERENCE AND REVISION. It covers Section 444: Option of Court to hear parties.]\n\n444. Option of Court to hear parties.—Save as otherwise expressly provided by this Sanhita, no party\nhas any right to be heard either personally or by an advocate before any Court exercising its powers of\nrevision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally\nor by an advocate.", "section_number": "444", "section_title": "Option of Court to hear parties", "chapter": "CHAPTER XXXII REFERENCE AND REVISION", "act": "BNSS 2023", "source_label": "Section 444, BNSS 2023" }, { "chunk_id": "BNSS_445", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 445: High Court's order to be certified to lower Court.]\n\n445. High Court's order to be certified to lower Court.—When a case is revised under this Chapter\nby the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its\ndecision or order to the Court by which the finding, sentence or order revised was recorded or passed, and\nthe Court to which the decision or order is so certified shall thereupon make such orders as are conformable\nto the decision so certified, and, if necessary, the record shall be amended in accordance therewith.", "section_number": "445", "section_title": "High Court's order to be certified to lower Court", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 445, BNSS 2023" }, { "chunk_id": "BNSS_446", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 446: Power of Supreme Court to transfer cases and appeals.]\n\n446. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to\nthe Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any\nparticular case or appeal be transferred from one High Court to another High Court or from a Criminal\nCourt subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate\nto another High Court.\n(2) The Supreme Court may act under this section only on the application of the Attorney-General of\nIndia or of a party interested, and every such application shall be made by motion, which shall, except when\nthe applicant is the Attorney-General of India or the Advocate-General of the State, be supported by\naffidavit or affirmation.\n(3) Where any application for the exercise of the powers conferred by this section is dismissed, the\nSupreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant\nto pay by way of compensation to any person who has opposed the application such sum as it may consider\nappropriate in the circumstances of the case.", "section_number": "446", "section_title": "Power of Supreme Court to transfer cases and appeals", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 446, BNSS 2023" }, { "chunk_id": "BNSS_447", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 447: Power of High Court to transfer cases and appeals.]\n\n447. Power of High Court to transfer cases and appeals.—(1) Whenever it is made to appear to the\nHigh Court—\n(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto;\nor\n(b) that some question of law of unusual difficulty is likely to arise; or\n(c) that an order under this section is required by any provision of this Sanhita, or will tend to the\ngeneral convenience of the parties or witnesses, or is expedient for the ends of justice,\nit may order—\n(i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205\n(both inclusive), but in other respects competent to inquire into or try such offence;\n(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal\nCourt subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;\n(iii) that any particular case be committed for trial to a Court of Session; or\n(iv) that any particular case or appeal be transferred to and tried before itself.\n(2) The High Court may act either on the report of the lower Court, or on the application of a party\ninterested, or on its own initiative:\nProvided that no application shall lie to the High Court for transferring a case from one Criminal Court\nto another Criminal Court in the same sessions division, unless an application for such transfer has been\nmade to the Sessions Judge and rejected by him.\n\n(3) Every application for an order under sub-section (1) shall be made by motion, which shall, except\nwhen the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.\n(4) When such application is made by an accused person, the High Court may direct him to execute a\nbond or bail bond for the payment of any compensation which the High Court may award under\nsub-section (7).\n(5) Every accused person making such application shall give to the Public Prosecutor notice in writing\nof the application, together with a copy of the grounds on which it is made; and no order shall be made on\nthe merits of the application unless at least twenty-four hours have elapsed between the giving of such\nnotice and the hearing of the application.\n(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High\nCourt may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the\ndisposal of the application the proceedings in the subordinate Court shall be stayed, on such terms as the\nHigh Court may think fit to impose:\nProvided that such stay shall not affect the subordinate Court's power of remand under section 346.\n(7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of\nopinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation\nto any person who has opposed the application such sum as it may consider proper in the circumstances of\nthe case.\n(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial\nbefore itself, it shall observe in such trial the same procedure which that Court would have observed if the\ncase had not been so transferred.\n(9) Nothing in this section shall be deemed to affect any order of the Government under section 218.", "section_number": "447", "section_title": "Power of High Court to transfer cases and appeals", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 447, BNSS 2023" }, { "chunk_id": "BNSS_448", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 448: Power of Sessions Judge to transfer cases and appeals.]\n\n448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to\na Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that\nany particular case be transferred from one Criminal Court to another Criminal Court in his sessions\ndivision.\n(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party\ninterested, or on his own initiative.\n(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to\nan application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an\napplication to the High Court for an order under sub-section (1) of section 447, except that sub-section (7)\nof that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten\nthousand rupees” were substituted.", "section_number": "448", "section_title": "Power of Sessions Judge to transfer cases and appeals", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 448, BNSS 2023" }, { "chunk_id": "BNSS_449", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 449: Withdrawal of cases and appeals by Sessions Judges.]\n\n449. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw\nany case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate\nsubordinate to him.\n(2) At any time before the trial of the case or the hearing of the appeal has commenced before the\nAdditional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any\nAdditional Sessions Judge.\n(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or\nsub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in\naccordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.", "section_number": "449", "section_title": "Withdrawal of cases and appeals by Sessions Judges", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 449, BNSS 2023" }, { "chunk_id": "BNSS_450", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 450: Withdrawal of cases by Judicial Magistrates.]\n\n450. Withdrawal of cases by Judicial Magistrates.—(1) Any Chief Judicial Magistrate may\nwithdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him,\nand may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate\ncompetent to inquire into or try the same.\n(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212\nto any other Magistrate and may inquire into or try such cases himself.", "section_number": "450", "section_title": "Withdrawal of cases by Judicial Magistrates", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 450, BNSS 2023" }, { "chunk_id": "BNSS_451", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIII TRANSFER OF CRIMINAL CASES. It covers Section 451: Making over or withdrawal of cases by Executive Magistrates.]\n\n451. Making over or withdrawal of cases by Executive Magistrates.—Any District Magistrate or\nSub-divisional Magistrate may—\n(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate\nsubordinate to him;\n(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate\nto him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.", "section_number": "451", "section_title": "Making over or withdrawal of cases by Executive Magistrates", "chapter": "CHAPTER XXXIII TRANSFER OF CRIMINAL CASES", "act": "BNSS 2023", "source_label": "Section 451, BNSS 2023" }, { "chunk_id": "BNSS_452", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 452: Reasons to be recorded.]\n\n452. Reasons to be recorded.—A Sessions Judge or Magistrate making an order under section 448,\nsection 449, section 450 or section 451 shall record his reasons for making it.\nA.—Death sentences", "section_number": "452", "section_title": "Reasons to be recorded", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 452, BNSS 2023" }, { "chunk_id": "BNSS_453", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 453: Execution of order passed under section 409.]\n\n453. Execution of order passed under section 409.—When in a case submitted to the High Court for\nthe confirmation of a sentence of death, the Court of Session receives the order of confirmation or other\norder of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or\ntaking such other steps as may be necessary.", "section_number": "453", "section_title": "Execution of order passed under section 409", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 453, BNSS 2023" }, { "chunk_id": "BNSS_454", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 454: Execution of sentence of death passed by High Court.]\n\n454. Execution of sentence of death passed by High Court.—When a sentence of death is passed by\nthe High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court,\ncause the sentence to be carried into effect by issuing a warrant.", "section_number": "454", "section_title": "Execution of sentence of death passed by High Court", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 454, BNSS 2023" }, { "chunk_id": "BNSS_455", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 455: Postponement of execution of sentence of death in case of appeal to Supreme.]\n\n455. Postponement of execution of sentence of death in case of appeal to Supreme\nCourt.—(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies\nto the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution,\nthe High Court shall order the execution of the sentence to be postponed until the period allowed for\npreferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is\ndisposed of.\n(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced\nmakes an application to the High Court for the grant of a certificate under article 132 or under sub-clause\n(c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence\nto be postponed until such application is disposed of by the High Court, or if a certificate is granted on such\napplication, until the period allowed for preferring an appeal to the Supreme Court on such certificate has\nexpired.\n(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied\nthat the person sentenced intends to present a petition to the Supreme Court for the grant of special leave\nto appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to\nbe postponed for such period as it considers sufficient to enable him to present such petition.", "section_number": "455", "section_title": "Postponement of execution of sentence of death in case of appeal to Supreme", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 455, BNSS 2023" }, { "chunk_id": "BNSS_456", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 456: Commutation of sentence of death on pregnant woman.]\n\n456. Commutation of sentence of death on pregnant woman.—If a woman sentenced to death is\nfound to be pregnant, the High Court shall commute the sentence to imprisonment for life.\n\nB.—Imprisonment", "section_number": "456", "section_title": "Commutation of sentence of death on pregnant woman", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 456, BNSS 2023" }, { "chunk_id": "BNSS_457", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 457: Power to appoint place of imprisonment.]\n\n457. Power to appoint place of imprisonment.—(1) Except when otherwise provided by any law for\nthe time being in force, the State Government may direct in what place any person liable to be imprisoned\nor committed to custody under this Sanhita shall be confined.\n(2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement\nin a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person\nbe removed to a criminal jail.\n(3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released\ntherefrom, be sent back to the civil jail, unless either—\n(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be\ndeemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908\n(5 of 1908); or\n(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge\nof the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure,\n1908 (5 of 1908).", "section_number": "457", "section_title": "Power to appoint place of imprisonment", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 457, BNSS 2023" }, { "chunk_id": "BNSS_458", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 458: Execution of sentence of imprisonment.]\n\n458. Execution of sentence of imprisonment.—(1) Where the accused is sentenced to imprisonment\nfor life or to imprisonment for a term in cases other than those provided for by section 453, the Court\npassing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be,\nconfined, and, unless the accused is already confined in such jail or other place, shall forward him to such\njail or other place, with the warrant:\nProvided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be\nnecessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the\nCourt may direct.\n(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is\nmentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding\nhim to the jail or other place in which he is to be confined; and in such case, the sentence shall commence\non the date of his arrest.", "section_number": "458", "section_title": "Execution of sentence of imprisonment", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 458, BNSS 2023" }, { "chunk_id": "BNSS_459", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 459: Direction of warrant for execution.]\n\n459. Direction of warrant for execution.—Every warrant for the execution of a sentence of\nimprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or\nis to be, confined.", "section_number": "459", "section_title": "Direction of warrant for execution", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 459, BNSS 2023" }, { "chunk_id": "BNSS_460", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 460: Warrant with whom to be lodged.]\n\n460. Warrant with whom to be lodged.—When the prisoner is to be confined in a jail, the warrant\nshall be lodged with the jailor.\nC.— Levy of fine", "section_number": "460", "section_title": "Warrant with whom to be lodged", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 460, BNSS 2023" }, { "chunk_id": "BNSS_461", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 461: Warrant for levy of fine.]\n\n461. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, but no such\npayment has been made, the Court passing the sentence may take action for the recovery of the fine in either\nor both of the following ways, that is to say, it may—\n(a) issue a warrant for the levy of the amount by attachment and sale of any movable property\nbelonging to the offender;\n(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears\nof land revenue from the movable or immovable property, or both, of the defaulter:\nProvided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned,\nand if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant\nunless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an\norder for the payment of expenses or compensation out of the fine under section 395.\n\n(2) The State Government may make rules regulating the manner in which warrants under clause (a) of\nsub-section (1) are to be executed, and for the summary determination of any claims made by any person\nother than the offender in respect of any property attached in execution of such warrant.\n(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector\nshall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if\nsuch warrant were a certificate issued under such law:\nProvided that no such warrant shall be executed by the arrest or detention in prison of the offender.", "section_number": "461", "section_title": "Warrant for levy of fine", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 461, BNSS 2023" }, { "chunk_id": "BNSS_462", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 462: Effect of such warrant.]\n\n462. Effect of such warrant.—A warrant issued under clause (a) of sub-section (1) of section 461 by\nany Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment\nand sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within\nwhose local jurisdiction such property is found.", "section_number": "462", "section_title": "Effect of such warrant", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 462, BNSS 2023" }, { "chunk_id": "BNSS_463", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 463: Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not.]\n\n463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not\nextend.—Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an\noffender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does\nnot extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories\nto which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue,\nsuch warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a\nCourt in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section\nas to the execution of such warrant shall apply accordingly.", "section_number": "463", "section_title": "Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 463, BNSS 2023" }, { "chunk_id": "BNSS_464", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 464: Suspension of execution of sentence of imprisonment.]\n\n464. Suspension of execution of sentence of imprisonment.—(1) When an offender has been\nsentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid\nforthwith, the Court may—\n(a) order that the fine shall be payable either in full on or before a date not more than thirty days\nfrom the date of the order, or in two or three installments, of which the first shall be payable on or\nbefore a date not more than thirty days from the date of the order and the other or others at an interval\nor at intervals, as the case may be, of not more than thirty days;\n(b) suspend the execution of the sentence of imprisonment and release the offender, on the\nexecution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance\nbefore the Court on the date or dates on or before which payment of the fine or the installments thereof,\nas the case may be, is to be made; and if the amount of the fine or of any installment, as the case may\nbe, is not realised on or before the latest date on which it is payable under the order, the Court may\ndirect the sentence of imprisonment to be carried into execution at once.\n(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the\npayment of money has been made on non-recovery of which imprisonment may be awarded and the money\nis not paid forthwith; and, if the person against whom the order has been made, on being required to enter\ninto a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of\nimprisonment.\nD.—General provisions regarding execution", "section_number": "464", "section_title": "Suspension of execution of sentence of imprisonment", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 464, BNSS 2023" }, { "chunk_id": "BNSS_465", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 465: Who may issue warrant.]\n\n465. Who may issue warrant.—Every warrant for the execution of a sentence may be issued either by\nthe Judge or Magistrate who passed the sentence, or by his successor-in-office.", "section_number": "465", "section_title": "Who may issue warrant", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 465, BNSS 2023" }, { "chunk_id": "BNSS_466", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 466: Sentence on escaped convict when to take effect.]\n\n466. Sentence on escaped convict when to take effect.—(1) When a sentence of death, imprisonment\nfor life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the\nprovisions hereinbefore contained, take effect immediately.\n(2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped\nconvict, —\n\n(a) if such sentence is severer in kind than the sentence which such convict was undergoing when\nhe escaped, the new sentence shall take effect immediately;\n(b) if such sentence is not severer in kind than the sentence which such convict was undergoing\nwhen he escaped, the new sentence shall take effect after he has suffered imprisonment for a further\nperiod equal to that which, at the time of his escape, remained unexpired of his former sentence.\n(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be\nseverer in kind than a sentence of simple imprisonment.", "section_number": "466", "section_title": "Sentence on escaped convict when to take effect", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 466, BNSS 2023" }, { "chunk_id": "BNSS_467", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 467: Sentence on offender already sentenced for another offence.]\n\n467. Sentence on offender already sentenced for another offence.—(1) When a person already\nundergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or\nimprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the\nimprisonment to which he has been previously sentenced, unless the Court directs that the subsequent\nsentence shall run concurrently with such previous sentence:\nProvided that where a person who has been sentenced to imprisonment by an order under section 141\nin default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an\noffence committed prior to the making of such order, the latter sentence shall commence immediately.\n(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent\nconviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run\nconcurrently with such previous sentence.", "section_number": "467", "section_title": "Sentence on offender already sentenced for another offence", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 467, BNSS 2023" }, { "chunk_id": "BNSS_468", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 468: Period of detention undergone by accused to be set off against sentence of imprisonment.]\n\n468. Period of detention undergone by accused to be set off against sentence of imprisonment.—\nWhere an accused person has, on conviction, been sentenced to imprisonment for a term, not being\nimprisonment in default of payment of fine, the period of detention, if any, undergone by him during the\ninvestigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against\nthe term of imprisonment imposed on him on such conviction, and the liability of such person to undergo\nimprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment\nimposed on him:\nProvided that in cases referred to in section 475, such period of detention shall be set off against the\nperiod of fourteen years referred to in that section.", "section_number": "468", "section_title": "Period of detention undergone by accused to be set off against sentence of imprisonment", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 468, BNSS 2023" }, { "chunk_id": "BNSS_469", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 469: Saving.]\n\n469. Saving.—(1) Nothing in section 466 or section 467 shall be held to excuse any person from any\npart of the punishment to which he is liable upon his former or subsequent conviction.\n(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence\nof imprisonment and the person undergoing the sentence is after its execution to undergo a further\nsubstantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award\nof imprisonment in default of payment of the fine until the person has undergone the further sentence or\nsentences.", "section_number": "469", "section_title": "Saving", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 469, BNSS 2023" }, { "chunk_id": "BNSS_470", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 470: Return of warrant on execution of sentence.]\n\n470. Return of warrant on execution of sentence.—When a sentence has been fully executed, the\nofficer executing it shall return the warrant to the Court from which it is issued, with an endorsement under\nhis hand certifying the manner in which the sentence has been executed.", "section_number": "470", "section_title": "Return of warrant on execution of sentence", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 470, BNSS 2023" }, { "chunk_id": "BNSS_471", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 471: Money ordered to be paid recoverable as a fine.]\n\n471. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by\nvirtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly\nprovided for, shall be recoverable as if it were a fine:\nProvided that section 461 shall, in its application to an order under section 400, by virtue of this section,\nbe construed as if in the proviso to sub-section (1) of section 461, after the words and figures “under section\n395”, the words and figures “or an order for payment of costs under section 400” had been inserted.\n\nE.—Suspension, remission and commutation of sentences", "section_number": "471", "section_title": "Money ordered to be paid recoverable as a fine", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 471, BNSS 2023" }, { "chunk_id": "BNSS_472", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 472: Mercy petition in death sentence cases.]\n\n472. Mercy petition in death sentence cases.—(1) A convict under the sentence of death or his legal\nheir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition\nbefore the President of India under article 72 or the Governor of the State under article 161 of the\nConstitution within a period of thirty days from the date on which the Superintendent of the jail, —\n(i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme\nCourt; or\n(ii) informs him about the date of confirmation of the sentence of death by the High Court and the\ntime allowed to file an appeal or special leave in the Supreme Court has expired.\n(2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or\ndisposal by the Governor, the petition shall be made to the President within a period of sixty days from the\ndate of rejection or disposal of such petition.\n(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case\nthere are more than one convict in a case, also files the mercy petition within a period of sixty days and on\nnon-receipt of such petition from the other convicts, Superintendent of the jail shall send the names,\naddresses, copy of the record of the case and all other details of the case to the Central Government or the\nState Government for consideration along with the said mercy petition.\n(4) The Central Government shall, on receipt of the mercy petition seek the comments of the State\nGovernment and consider the petition along with the records of the case and make recommendations to the\nPresident in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt\nof comments of the State Government and records from Superintendent of the Jail.\n(5) The President may, consider, decide and dispose of the mercy petition and, in case there are more\nthan one convict in a case, the petitions shall be decided by the President together in the interests of justice.\n(6) Upon receipt of the order of the President on the mercy petition, the Central Government shall\nwithin forty-eight hours, communicate the same to the Home Department of the State Government and the\nSuperintendent of the jail or officer in charge of the jail.\n(7) No appeal shall lie in any Court against the order of the President or of the Governor made\nunder article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of\nthe decision by the President or the Governor shall not be inquired into in any Court.", "section_number": "472", "section_title": "Mercy petition in death sentence cases", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 472, BNSS 2023" }, { "chunk_id": "BNSS_473", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 473: Power to suspend or remit sentences.]\n\n473. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment\nfor an offence, the appropriate Government may, at any time, without conditions or upon any conditions\nwhich the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part\nof the punishment to which he has been sentenced.\n(2) Whenever an application is made to the appropriate Government for the suspension or remission of\na sentence, the appropriate Government may require the presiding Judge of the Court before or by which\nthe conviction was had or confirmed, to state his opinion as to whether the application should be granted or\nrefused, together with his reasons for such opinion and also to forward with the statement of such opinion\na certified copy of the record of the trial or of such record thereof as exists.\n(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the\nappropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission,\nand thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be\narrested by any police officer, without warrant and remanded to undergo the unexpired portion of the\nsentence.\n\n(4) The condition on which a sentence is suspended or remitted under this section may be one to be\nfulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his\nwill.\n(5) The appropriate Government may, by general rules or special orders, give directions as to the\nsuspension of sentences and the conditions on which petitions should be presented and dealt with:\nProvided that in the case of any sentence (other than a sentence of fine) passed on a person above the\nage of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall\nbe entertained, unless the person sentenced is in jail, and—\n(a) where such petition is made by the person sentenced, it is presented through the officer in charge\nof the jail; or\n(b) where such petition is made by any other person, it contains a declaration that the person\nsentenced is in jail.\n(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court\nunder any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes\nany liability upon him or his property.\n(7) In this section and in section 474, the expression “appropriate Government” means,—\n(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6)\nis passed under, any law relating to a matter to which the executive power of the Union extends, the\nCentral Government;\n(b) in other cases, the Government of the State within which the offender is sentenced or the said\norder is passed.", "section_number": "473", "section_title": "Power to suspend or remit sentences", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 473, BNSS 2023" }, { "chunk_id": "BNSS_474", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 474: Power to commute sentence.]\n\n474. Power to commute sentence.—The appropriate Government may, without the consent of the\nperson sentenced, commute—\n(a) a sentence of death, for imprisonment for life;\n(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;\n(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than\nthree years;\n(d) a sentence of imprisonment for less than seven years, for fine;\n(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person\nmight have been sentenced.", "section_number": "474", "section_title": "Power to commute sentence", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 474, BNSS 2023" }, { "chunk_id": "BNSS_475", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 475: Restriction on powers of remission or commutation in certain cases.]\n\n475. Restriction on powers of remission or commutation in certain cases.—Notwithstanding\nanything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a\nperson for an offence for which death is one of the punishments provided by law, or where a sentence of\ndeath imposed on a person has been commuted under section 474 into one of imprisonment for life, such\nperson shall not be released from prison unless he had served at least fourteen years of imprisonment.", "section_number": "475", "section_title": "Restriction on powers of remission or commutation in certain cases", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 475, BNSS 2023" }, { "chunk_id": "BNSS_476", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES. It covers Section 476: Concurrent power of Central Government in case of death sentences.]\n\n476. Concurrent power of Central Government in case of death sentences.—The powers conferred\nby sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised\nby the Central Government.", "section_number": "476", "section_title": "Concurrent power of Central Government in case of death sentences", "chapter": "CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES", "act": "BNSS 2023", "source_label": "Section 476, BNSS 2023" }, { "chunk_id": "BNSS_477", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 477: State Government to act after concurrence with Central Government in certain cases.]\n\n477. State Government to act after concurrence with Central Government in certain cases.—(1)\nThe powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence,\nin any case where the sentence is for an offence—\n(a) which was investigated by any agency empowered to make investigation into an offence under\n\nany Central Act other than this Sanhita; or\n(b) which involved the misappropriation or destruction of, or damage to, any property belonging to\nthe Central Government; or\n(c) which was committed by a person in the service of the Central Government while acting or\npurporting to act in the discharge of his official duty,\nshall not be exercised by the State Government except after concurrence with the Central Government.\n(2) No order of suspension, remission or commutation of sentences passed by the State Government in\nrelation to a person, who has been convicted of offences, some of which relate to matters to which the\nexecutive power of the Union extends, and who has been sentenced to separate terms of imprisonment\nwhich are to run concurrently, shall have effect unless an order for the suspension, remission or\ncommutation, as the case may be, of such sentences has also been made by the Central Government in\nrelation to the offences committed by such person with regard to matters to which the executive power of\nthe Union extends.", "section_number": "477", "section_title": "State Government to act after concurrence with Central Government in certain cases", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 477, BNSS 2023" }, { "chunk_id": "BNSS_478", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 478: In what cases bail to be taken.]\n\n478. In what cases bail to be taken.—(1) When any person other than a person accused of a non-\nbailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears\nor is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage\nof the proceeding before such Court to give bail, such person shall be released on bail:\nProvided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and\nis unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a\nbond for his appearance as hereinafter provided.\nExplanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it\nshall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the\npurposes of this proviso:\nProvided further that nothing in this section shall be deemed to affect the provisions of sub-section (3)\nof section 135 or section 492.\n(2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the\nconditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to\nrelease him on bail, when on a subsequent occasion in the same case he appears before the Court or is\nbrought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon\nany person bound by such bond or bail bond to pay the penalty thereof under section 491.", "section_number": "478", "section_title": "In what cases bail to be taken", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 478, BNSS 2023" }, { "chunk_id": "BNSS_479", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 479: Maximum period for which under trial prisoner can be detained.]\n\n479. Maximum period for which under trial prisoner can be detained.—(1) Where a person has,\nduring the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being\nan offence for which the punishment of death or life imprisonment has been specified as one of the\npunishments under that law) undergone detention for a period extending up to one-half of the maximum\nperiod of imprisonment specified for that offence under that law, he shall be released by the Court on bail:\nProvided that where such person is a first-time offender (who has never been convicted of any offence\nin the past) he shall be released on bond by the Court, if he has undergone detention for the period extending\nup to one-third of the maximum period of imprisonment specified for such offence under that law:\nProvided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded\nby it in writing, order the continued detention of such person for a period longer than one-half of the said\nperiod or release him on bail bond instead of his bond:\n\nProvided also that no such person shall in any case be detained during the period of investigation,\ninquiry or trial for more than the maximum period of imprisonment provided for the said offence under that\nlaw.\nExplanation.—In computing the period of detention under this section for granting bail, the period of\ndetention passed due to delay in proceeding caused by the accused shall be excluded.\n(2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an\ninvestigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he\nshall not be released on bail by the Court.\n(3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one-\nthird of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in\nwriting to the Court to proceed under sub-section (1) for the release of such person on bail.", "section_number": "479", "section_title": "Maximum period for which under trial prisoner can be detained", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 479, BNSS 2023" }, { "chunk_id": "BNSS_480", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 480: When bail may be taken in case of non-bailable offence.]\n\n480. When bail may be taken in case of non-bailable offence.—(1) When any person accused of, or\nsuspected of, the commission of any non-bailable offence is arrested or detained without warrant by an\nofficer in charge of a police station or appears or is brought before a Court other than the High Court or\nCourt of Session, he may be released on bail, but—\n(i) such person shall not be so released if there appear reasonable grounds for believing that he has\nbeen guilty of an offence punishable with death or imprisonment for life;\n(ii) such person shall not be so released if such offence is a cognizable offence and he had been\npreviously convicted of an offence punishable with death, imprisonment for life or imprisonment for\nseven years or more, or he had been previously convicted on two or more occasions of a cognizable\noffence punishable with imprisonment for three years or more but less than seven years:\nProvided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on\nbail if such person is a child or is a woman or is sick or infirm:\nProvided further that the Court may also direct that a person referred to in clause (ii) be released on bail\nif it is satisfied that it is just and proper so to do for any other special reason:\nProvided also that the mere fact that an accused person may be required for being identified by\nwitnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient\nground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking\nthat he shall comply with such directions as may be given by the Court:\nProvided also that no person shall, if the offence alleged to have been committed by him is punishable\nwith death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court\nunder this sub-section without giving an opportunity of hearing to the Public Prosecutor.\n(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case\nmay be, that there are not reasonable grounds for believing that the accused has committed a non-bailable\noffence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to\nthe provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such\nofficer or Court, on the execution by him of a bond for his appearance as hereinafter provided.\n(3) When a person accused or suspected of the commission of an offence punishable with imprisonment\nwhich may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII\nof the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence,\nis released on bail under sub-section (1), the Court shall impose the conditions,--\n(a) that such person shall attend in accordance with the conditions of the bond executed under this\nChapter;\n\n(b) that such person shall not commit an offence similar to the offence of which he is accused, or\nsuspected, of the commission of which he is suspected; and\n(c) that such person shall not directly or indirectly make any inducement, threat or promise to any\nperson acquainted with the facts of the case so as to dissuade him from disclosing such facts to the\nCourt or to any police officer or tamper with the evidence,\nand may also impose, in the interests of justice, such other conditions as it considers necessary.\n(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall\nrecord in writing his or its reasons or special reasons for so doing.\n(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it\nconsiders it necessary so to do, direct that such person be arrested and commit him to custody.\n(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is\nnot concluded within a period of sixty days from the first date fixed for taking evidence in the case, such\nperson shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction\nof the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.\n(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and\nbefore judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that\nthe accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution\nby him of a bond for his appearance to hear judgment delivered.", "section_number": "480", "section_title": "When bail may be taken in case of non-bailable offence", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 480, BNSS 2023" }, { "chunk_id": "BNSS_481", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 481: Bail to require accused to appear before next Appellate Court.]\n\n481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the\ntrial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may\nbe, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when\nsuch Court issues notice in respect of any appeal or petition filed against the judgment of the respective\nCourt and such bond shall be in force for six months.\n(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall\napply.", "section_number": "481", "section_title": "Bail to require accused to appear before next Appellate Court", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 481, BNSS 2023" }, { "chunk_id": "BNSS_482", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 482: Direction for grant of bail to person apprehending arrest.]\n\n482. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason\nto believe that he may be arrested on an accusation of having committed a non-bailable offence, he may\napply to the High Court or the Court of Session for a direction under this section; and that Court may, if it\nthinks fit, direct that in the event of such arrest, he shall be released on bail.\n(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include\nsuch conditions in such directions in the light of the facts of the particular case, as it may think fit,\nincluding—\n(i) a condition that the person shall make himself available for interrogation by a police officer as\nand when required;\n(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or\npromise to any person acquainted with the facts of the case so as to dissuade him from disclosing such\nfacts to the Court or to any police officer;\n(iii) a condition that the person shall not leave India without the previous permission of the Court;\n(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were\ngranted under that section.\n(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on\nsuch accusation, and is prepared either at the time of arrest or at any time while in the custody of such\nofficer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence\n\ndecides that a warrant should be issued in the first instance against that person, he shall issue a bailable\nwarrant in conformity with the direction of the Court under sub-section (1).\n(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of\nhaving committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya\nSanhita, 2023.", "section_number": "482", "section_title": "Direction for grant of bail to person apprehending arrest", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 482, BNSS 2023" }, { "chunk_id": "BNSS_483", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 483: Special powers of High Court or Court of Session regarding bail.]\n\n483. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court\nof Session may direct,—\n(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the\nnature specified in sub-section (3) of section 480, may impose any condition which it considers necessary\nfor the purposes mentioned in that sub-section;\n(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or\nmodified:\nProvided that the High Court or the Court of Session shall, before granting bail to a person who is\naccused of an offence which is triable exclusively by the Court of Session or which, though not so triable,\nis punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor\nunless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice:\nProvided further that the High Court or the Court of Session shall, before granting bail to a person who\nis accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya\nSanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days\nfrom the date of receipt of the notice of such application.\n(2) The presence of the informant or any person authorised by him shall be obligatory at the time of\nhearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the\nBharatiya Nyaya Sanhita, 2023.\n(3) A High Court or Court of Session may direct that any person who has been released on bail under\nthis Chapter be arrested and commit him to custody.", "section_number": "483", "section_title": "Special powers of High Court or Court of Session regarding bail", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 483, BNSS 2023" }, { "chunk_id": "BNSS_484", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 484: Amount of bond and reduction thereof.]\n\n484. Amount of bond and reduction thereof.—(1) The amount of every bond executed under this\nChapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.\n(2) The High Court or the Court of Session may direct that the bail required by a police officer or\nMagistrate be reduced.", "section_number": "484", "section_title": "Amount of bond and reduction thereof", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 484, BNSS 2023" }, { "chunk_id": "BNSS_485", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 485: Bond of accused and sureties.]\n\n485. Bond of accused and sureties.—(1) Before any person is released on bond or bail bond, a bond\nfor such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed\nby such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned\nthat such person shall attend at the time and place mentioned in the bond, and shall continue so to attend\nuntil otherwise directed by the police officer or Court, as the case may be.\n(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall\nalso contain that condition.\n(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear\nwhen called upon at the High Court, Court of Session or other Court to answer the charge.\n(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept\naffidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it\nconsiders necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate\nsubordinate to the Court, as to such sufficiency or fitness.", "section_number": "485", "section_title": "Bond of accused and sureties", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 485, BNSS 2023" }, { "chunk_id": "BNSS_486", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 486: Declaration by sureties.]\n\n486. Declaration by sureties.—Every person standing surety to an accused person for his release on\nbail, shall make a declaration before the Court as to the number of persons to whom he has stood surety\nincluding the accused, giving therein all the relevant particulars.", "section_number": "486", "section_title": "Declaration by sureties", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 486, BNSS 2023" }, { "chunk_id": "BNSS_487", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 487: Discharge from custody.]\n\n487. Discharge from custody.—(1) As soon as the bond or bail bond has been executed, the person\nfor whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him\nto bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the\norders shall release him.\n(2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any\nperson liable to be detained for some matter other than that in respect of which the bond or bail bond was\nexecuted.", "section_number": "487", "section_title": "Discharge from custody", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 487, BNSS 2023" }, { "chunk_id": "BNSS_488", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 488: Power to order sufficient bail when that first taken is insufficient.]\n\n488. Power to order sufficient bail when that first taken is insufficient.—If, through mistake,\nfraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the\nCourt may issue a warrant of arrest directing that the person released on bail be brought before it and may\norder him to find sufficient sureties, and, on his failing so to do, may commit him to jail.", "section_number": "488", "section_title": "Power to order sufficient bail when that first taken is insufficient", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 488, BNSS 2023" }, { "chunk_id": "BNSS_489", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 489: Discharge of sureties.]\n\n489. Discharge of sureties.—(1) All or any sureties for the attendance and appearance of a person\nreleased on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as\nrelates to the applicants.\n(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the\nperson so released be brought before him.\n(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the\nMagistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and\nshall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.", "section_number": "489", "section_title": "Discharge of sureties", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 489, BNSS 2023" }, { "chunk_id": "BNSS_490", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 490: Deposit instead of recognizance.]\n\n490. Deposit instead of recognizance.—When any person is required by any Court or officer to\nexecute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour,\npermit him to deposit a sum of money or Government promissory notes to such amount as the Court or\nofficer may fix in lieu of executing such bond.", "section_number": "490", "section_title": "Deposit instead of recognizance", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 490, BNSS 2023" }, { "chunk_id": "BNSS_491", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 491: Procedure when bond has been forfeited.]\n\n491. Procedure when bond has been forfeited.—(1) Where, —\n(a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it\nis proved to the satisfaction of that Court, or of any Court to which the case has subsequently been\ntransferred, that the bond has been forfeited; or\n(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by\nwhich the bond was taken, or of any Court to which the case has subsequently been transferred, or of\nthe Court of any Magistrate of the first class, that the bond has been forfeited,\nthe Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay\nthe penalty thereof or to show cause why it should not be paid.\nExplanation.—A condition in a bond for appearance, or for production of property, before a Court shall\nbe construed as including a condition for appearance, or as the case may be, for production of property,\nbefore any Court to which the case may subsequently be transferred.\n(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the\nsame as if such penalty were a fine imposed by it under this Sanhita:\nProvided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the\nperson so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to\nimprisonment in civil jail for a term which may extend to six months.\n\n(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned\nand enforce payment in part only.\n(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all\nliability in respect of the bond.\n(5) Where any person who has furnished security under section 125 or section 136 or section 401 is\nconvicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a\nbond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which\nhe was convicted of such offence may be used as evidence in proceedings under this section against his\nsurety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was\ncommitted by him unless the contrary is proved.", "section_number": "491", "section_title": "Procedure when bond has been forfeited", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 491, BNSS 2023" }, { "chunk_id": "BNSS_492", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 492: Cancellation of bond and bail bond.]\n\n492. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 491, where\na bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach\nof a condition,—\n(a) the bond executed by such person as well as the bond, if any, executed by one or more of his\nsureties in that case shall stand cancelled; and\n(b) thereafter no such person shall be released only on his own bond in that case, if the police officer\nor the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that\nthere was no sufficient cause for the failure of the person bound by the bond to comply with its\ncondition:\nProvided that subject to any other provisions of this Sanhita he may be released in that case upon the\nexecution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the\npolice officer or the Court, as the case may be, thinks sufficient.", "section_number": "492", "section_title": "Cancellation of bond and bail bond", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 492, BNSS 2023" }, { "chunk_id": "BNSS_493", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 493: Procedure in case of insolvency or death of surety or when a bond is forfeited.]\n\n493. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any\nsurety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the\nprovisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class\nmay order the person from whom such security was demanded to furnish fresh security in accordance with\nthe directions of the original order, and if such security is not furnished, such Court or Magistrate may\nproceed as if there had been a default in complying with such original order.", "section_number": "493", "section_title": "Procedure in case of insolvency or death of surety or when a bond is forfeited", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 493, BNSS 2023" }, { "chunk_id": "BNSS_494", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 494: Bond required from child.]\n\n494. Bond required from child.—When the person required by any Court, or officer to execute a bond\nis a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.", "section_number": "494", "section_title": "Bond required from child", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 494, BNSS 2023" }, { "chunk_id": "BNSS_495", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS. It covers Section 495: Appeal from orders under section 491.]\n\n495. Appeal from orders under section 491.—All orders passed under section 491 shall be\nappealable,—\n(i) in the case of an order made by a Magistrate, to the Sessions Judge;\n(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an\norder made by such Court.", "section_number": "495", "section_title": "Appeal from orders under section 491", "chapter": "CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS", "act": "BNSS 2023", "source_label": "Section 495, BNSS 2023" }, { "chunk_id": "BNSS_496", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 496: Power to direct levy of amount due on certain recognizances.]\n\n496. Power to direct levy of amount due on certain recognizances.—The High Court or Court of\nSession may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such\nHigh Court or Court of Session.", "section_number": "496", "section_title": "Power to direct levy of amount due on certain recognizances", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 496, BNSS 2023" }, { "chunk_id": "BNSS_497", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 497: Order for custody and disposal of property pending trial in certain cases.]\n\n497. Order for custody and disposal of property pending trial in certain cases.—(1) When any\nproperty is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit\nthe case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order\nas it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry\n\nor trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do,\nthe Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or\notherwise disposed of.\nExplanation.—For the purposes of this section, “property” includes—\n(a) property of any kind or document which is produced before the Court or which is in its custody;\n(b) any property regarding which an offence appears to have been committed or which appears to\nhave been used for the commission of any offence.\n(2) The Court or the Magistrate shall, within a period of fourteen days from the production of the\nproperty referred to in sub-section (1) before it, prepare a statement of such property containing its\ndescription in such form and manner as the State Government may, by rules, provide.\n(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on\nmobile phone or any electronic media, of the property referred to in sub-section (1).\n(4) The statement prepared under sub-section (2) and the photograph or the videography taken under\nsub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita.\n(5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared\nunder sub-section (2) and the photograph or the videography has been taken under sub-section (3), order\nthe disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.", "section_number": "497", "section_title": "Order for custody and disposal of property pending trial in certain cases", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 497, BNSS 2023" }, { "chunk_id": "BNSS_498", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 498: Order for disposal of property at conclusion of trial.]\n\n498. Order for disposal of property at conclusion of trial.—(1) When an investigation, inquiry or\ntrial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for\nthe disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession\nthereof or otherwise, of any property or document produced before it or in its custody, or regarding which\nany offence appears to have been committed, or which has been used for the commission of any offence.\n(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming\nto be entitled to the possession thereof, without any condition or on condition that he executes a bond, with\nor without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to\nthe Court if the order made under sub-section (1) is modified or set aside on appeal or revision.\n(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property\nto be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in\nsections 503, 504 and 505.\n(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond\nhas been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried\nout for two months, or when an appeal is presented, until such appeal has been disposed of.\n(5) In this section, the term “property” includes, in the case of property regarding which an offence\nappears to have been committed, not only such property as has been originally in the possession or under\nthe control of any party, but also any property into or for which the same may have been converted or\nexchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.", "section_number": "498", "section_title": "Order for disposal of property at conclusion of trial", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 498, BNSS 2023" }, { "chunk_id": "BNSS_499", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 499: Payment to innocent purchaser of money found on accused.]\n\n499. Payment to innocent purchaser of money found on accused.—When any person is convicted\nof any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any\nother person bought the stolen property from him without knowing or having reason to believe that the\nsame was stolen, and that any money has on his arrest been taken out of the possession of the convicted\nperson, the Court may, on the application of such purchaser and on the restitution of the stolen property to\nthe person entitled to the possession thereof, order that out of such money a sum not exceeding the price\npaid by such purchaser be delivered to him within six months from the date of such order.", "section_number": "499", "section_title": "Payment to innocent purchaser of money found on accused", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 499, BNSS 2023" }, { "chunk_id": "BNSS_500", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 500: Appeal against orders under section 498 or section 499.]\n\n500. Appeal against orders under section 498 or section 499.—(1) Any person aggrieved by an order\nmade by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which\nappeals ordinarily lie from convictions by the former Court.\n(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the\nappeal, or may modify, alter or annul the order and make any further orders that may be just.\n(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation\nor revision while dealing with the case in which the order referred to in sub-section (1) was made.", "section_number": "500", "section_title": "Appeal against orders under section 498 or section 499", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 500, BNSS 2023" }, { "chunk_id": "BNSS_501", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 501: Destruction of libellous and other matter.]\n\n501. Destruction of libellous and other matter.—(1) On a conviction under section 294, section 295,\nor sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the\ndestruction of all the copies of the thing in respect of which the conviction was had, and which are in the\ncustody of the Court or remain in the possession or power of the person convicted.\n(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276\nor section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in\nrespect of which the conviction was had, to be destroyed.", "section_number": "501", "section_title": "Destruction of libellous and other matter", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 501, BNSS 2023" }, { "chunk_id": "BNSS_502", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 502: Power to restore possession of immovable property.]\n\n502. Power to restore possession of immovable property.—(1) When a person is convicted of an\noffence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court\nthat, by such use of force or show of force or intimidation, any person has been dispossessed of any\nimmovable property, the Court may, if it thinks fit, order that possession of the same be restored to that\nperson after evicting by force, if necessary, any other person who may be in possession of the property:\nProvided that no such order shall be made by the Court more than one month after the date of the\nconviction.\n(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal,\nconfirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or\nrevision, as the case may be.\n(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in\nrelation thereto as they apply in relation to an order under section 499.\n(4) No order made under this section shall prejudice any right or interest to or in such immovable\nproperty which any person may be able to establish in a civil suit.", "section_number": "502", "section_title": "Power to restore possession of immovable property", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 502, BNSS 2023" }, { "chunk_id": "BNSS_503", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 503: Procedure by police upon seizure of property.]\n\n503. Procedure by police upon seizure of property.—(1) Whenever the seizure of property by any\npolice officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not\nproduced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he\nthinks fit respecting the disposal of such property or the delivery of such property to the person entitled to\nthe possession thereof, or if such person cannot be ascertained, respecting the custody and production of\nsuch property.\n(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on\nsuch conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may\ndetain it and shall, in such case, issue a proclamation specifying the articles of which such property consists,\nand requiring any person who may have a claim thereto, to appear before him and establish his claim within\nsix months from the date of such proclamation.", "section_number": "503", "section_title": "Procedure by police upon seizure of property", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 503, BNSS 2023" }, { "chunk_id": "BNSS_504", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVI DISPOSAL OF PROPERTY. It covers Section 504: Procedure where no claimant appears within six months.]\n\n504. Procedure where no claimant appears within six months.—(1) If no person within such period\nestablishes his claim to such property, and if the person in whose possession such property was found is\nunable to show that it was legally acquired by him, the Magistrate may by order direct that such property\nshall be at the disposal of the State Government and may be sold by that Government and the proceeds of\nsuch sale shall be dealt with in such manner as the State Government may, by rules, provide.\n\n(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from\nconvictions by the Magistrate.", "section_number": "504", "section_title": "Procedure where no claimant appears within six months", "chapter": "CHAPTER XXXVI DISPOSAL OF PROPERTY", "act": "BNSS 2023", "source_label": "Section 504, BNSS 2023" }, { "chunk_id": "BNSS_505", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 505: Power to sell perishable property.]\n\n505. Power to sell perishable property.—If the person entitled to the possession of such property is\nunknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its\nseizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such\nproperty is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the\nprovisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such\nsale.", "section_number": "505", "section_title": "Power to sell perishable property", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 505, BNSS 2023" }, { "chunk_id": "BNSS_506", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 506: Irregularities which do not vitiate proceedings.]\n\n506. Irregularities which do not vitiate proceedings.—If any Magistrate not empowered by law to\ndo any of the following things, namely:—\n(a) to issue a search-warrant under section 97;\n(b) to order, under section 174, the police to investigate an offence;\n(c) to hold an inquest under section 196;\n(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction\nwho has committed an offence outside the limits of such jurisdiction;\n(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;\n(f) to make over a case under sub-section (2) of section 212;\n(g) to tender a pardon under section 343;\n(h) to recall a case and try it himself under section 450; or\n(i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his\nproceedings shall not be set aside merely on the ground of his not being so empowered.", "section_number": "506", "section_title": "Irregularities which do not vitiate proceedings", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 506, BNSS 2023" }, { "chunk_id": "BNSS_507", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 507: Irregularities which vitiate proceedings.]\n\n507. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in\nthis behalf, does any of the following things, namely:—\n(a) attaches and sells property under section 85;\n(b) issues a search-warrant for a document, parcel or other things in the custody of a postal\nauthority;\n(c) demands security to keep the peace;\n(d) demands security for good behaviour;\n(e) discharges a person lawfully bound to be of good behaviour;\n(f) cancels a bond to keep the peace;\n(g) makes an order for maintenance;\n(h) makes an order under section 152 as to a local nuisance;\n(i) prohibits, under section 162, the repetition or continuance of a public nuisance;\n(j) makes an order under Part C or Part D of Chapter XI;\n(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210;\n(l) tries an offender;\n\n(m) tries an offender summarily;\n(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate;\n(o) decides an appeal;\n(p) calls, under section 438, for proceedings; or\n(q) revises an order passed under section 491,\nhis proceedings shall be void.", "section_number": "507", "section_title": "Irregularities which vitiate proceedings", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 507, BNSS 2023" }, { "chunk_id": "BNSS_508", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 508: Proceedings in wrong place.]\n\n508. Proceedings in wrong place.—No finding, sentence or order of any Criminal Court shall be set\naside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived\nat or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it\nappears that such error has in fact occasioned a failure of justice.", "section_number": "508", "section_title": "Proceedings in wrong place", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 508, BNSS 2023" }, { "chunk_id": "BNSS_509", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 509: Non-compliance with provisions of section 183 or section 316.]\n\n509. Non-compliance with provisions of section 183 or section 316.—(1) If any Court before which\na confession or other statement of an accused person recorded, or purporting to be recorded under section\n183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either\nof such sections have not been complied with by the Magistrate recording the statement, it may,\nnotwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence\nin regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the\naccused in his defence on the merits and that he duly made the statement recorded, admit such statement.\n(2) The provisions of this section apply to Courts of appeal, reference and revision.", "section_number": "509", "section_title": "Non-compliance with provisions of section 183 or section 316", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 509, BNSS 2023" }, { "chunk_id": "BNSS_510", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 510: Effect of omission to frame, or absence of, or error in, charge.]\n\n510. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or\norder by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was\nframed or on the ground of any error, omission or irregularity in the charge including any misjoinder of\ncharges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in\nfact been occasioned thereby.\n(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been\noccasioned, it may,—\n(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be\nrecommenced from the point immediately after the framing of the charge;\n(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon\na charge framed in whatever manner it thinks fit:\nProvided that if the Court is of opinion that the facts of the case are such that no valid charge could\nbe preferred against the accused in respect of the facts proved, it shall quash the conviction.", "section_number": "510", "section_title": "Effect of omission to frame, or absence of, or error in, charge", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 510, BNSS 2023" }, { "chunk_id": "BNSS_511", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVII IRREGULAR PROCEEDINGS. It covers Section 511: Finding or sentence when reversible by reason of error, omission or irregularity.]\n\n511. Finding or sentence when reversible by reason of error, omission or irregularity.—(1) Subject\nto the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent\njurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any\nerror, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other\nproceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or\nirregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has\nin fact been occasioned thereby.\n(2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or\nany error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court\nshall have regard to the fact whether the objection could and should have been raised at an earlier stage in\nthe proceedings.", "section_number": "511", "section_title": "Finding or sentence when reversible by reason of error, omission or irregularity", "chapter": "CHAPTER XXXVII IRREGULAR PROCEEDINGS", "act": "BNSS 2023", "source_label": "Section 511, BNSS 2023" }, { "chunk_id": "BNSS_512", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 512: Defect or error not to make attachment unlawful.]\n\n512. Defect or error not to make attachment unlawful.—No attachment made under this Sanhita\nshall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any\ndefect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.", "section_number": "512", "section_title": "Defect or error not to make attachment unlawful", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 512, BNSS 2023" }, { "chunk_id": "BNSS_513", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 513: Definitions.]\n\n513. Definitions.—For the purposes of this Chapter, unless the context otherwise requires, “period of\nlimitation” means the period specified in section 514 for taking cognizance of an offence.", "section_number": "513", "section_title": "Definitions", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 513, BNSS 2023" }, { "chunk_id": "BNSS_514", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 514: Bar to taking cognizance after lapse of period of limitation.]\n\n514. Bar to taking cognizance after lapse of period of limitation.—(1) Except as otherwise provided\nin this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2),\nafter the expiry of the period of limitation.\n(2) The period of limitation shall be—\n(a) six months, if the offence is punishable with fine only;\n(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;\n(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but\nnot exceeding three years.\n(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried\ntogether, shall be determined with reference to the offence which is punishable with the more severe\npunishment or, as the case may be, the most severe punishment.\nExplanation.—For the purpose of computing the period of limitation, the relevant date shall be the date\nof filing complaint under section 223 or the date of recording of information under section 173.", "section_number": "514", "section_title": "Bar to taking cognizance after lapse of period of limitation", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 514, BNSS 2023" }, { "chunk_id": "BNSS_515", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 515: Commencement of period of limitation.]\n\n515. Commencement of period of limitation.—(1) The period of limitation, in relation to an offender,\nshall commence,—\n(a) on the date of the offence; or\n(b) where the commission of the offence was not known to the person aggrieved by the offence or\nto any police officer, the first day on which such offence comes to the knowledge of such person or to\nany police officer, whichever is earlier; or\n(c) where it is not known by whom the offence was committed, the first day on which the identity\nof the offender is known to the person aggrieved by the offence or to the police officer making\ninvestigation into the offence, whichever is earlier.\n(2) In computing the said period, the day from which such period is to be computed shall be excluded.", "section_number": "515", "section_title": "Commencement of period of limitation", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 515, BNSS 2023" }, { "chunk_id": "BNSS_516", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 516: Exclusion of time in certain cases.]\n\n516. Exclusion of time in certain cases.—(1) In computing the period of limitation, the time during\nwhich any person has been prosecuting with due diligence another prosecution, whether in a Court of first\ninstance or in a Court of appeal or revision, against the offender, shall be excluded:\nProvided that no such exclusion shall be made unless the prosecution relates to the same facts and is\nprosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is\nunable to entertain it.\n(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction\nor order, then, in computing the period of limitation, the period of the continuance of the injunction or order,\nthe day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.\n(3) Where notice of prosecution for an offence has been given, or where, under any law for the time\nbeing in force, the previous consent or sanction of the Government or any other authority is required for\nthe institution of any prosecution for an offence, then, in computing the period of limitation, the period of\n\nsuch notice or, as the case may be, the time required for obtaining such consent or sanction shall be\nexcluded.\nExplanation.—In computing the time required for obtaining the consent or sanction of the Government\nor any other authority, the date on which the application was made for obtaining the consent or sanction\nand the date of receipt of the order of the Government or other authority shall both be excluded.\n(4) In computing the period of limitation, the time during which the offender—\n(a) has been absent from India or from any territory outside India which is under the administration\nof the Central Government; or\n(b) has avoided arrest by absconding or concealing himself,\nshall be excluded.", "section_number": "516", "section_title": "Exclusion of time in certain cases", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 516, BNSS 2023" }, { "chunk_id": "BNSS_517", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 517: Exclusion of date on which Court is closed.]\n\n517. Exclusion of date on which Court is closed.—Where the period of limitation expires on a day\nwhen the Court is closed, the Court may take cognizance on the day on which the Court reopens.\nExplanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if,\nduring its normal working hours, it remains closed on that day.", "section_number": "517", "section_title": "Exclusion of date on which Court is closed", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 517, BNSS 2023" }, { "chunk_id": "BNSS_518", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES. It covers Section 518: Continuing offence.]\n\n518. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin\nto run at every moment of the time during which the offence continues.", "section_number": "518", "section_title": "Continuing offence", "chapter": "CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES", "act": "BNSS 2023", "source_label": "Section 518, BNSS 2023" }, { "chunk_id": "BNSS_519", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS. It covers Section 519: Extension of period of limitation in certain cases.]\n\n519. Extension of period of limitation in certain cases.—Notwithstanding anything contained in the\nforegoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the\nperiod of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been\nproperly explained or that it is necessary so to do in the interests of justice.", "section_number": "519", "section_title": "Extension of period of limitation in certain cases", "chapter": "CHAPTER XXXIX MISCELLANEOUS", "act": "BNSS 2023", "source_label": "Section 519, BNSS 2023" }, { "chunk_id": "BNSS_520", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 520: Trials before High Courts.]\n\n520. Trials before High Courts.—When an offence is tried by the High Court otherwise than under\nobserve if it were trying the case.", "section_number": "520", "section_title": "Trials before High Courts", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 520, BNSS 2023" }, { "chunk_id": "BNSS_521", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 521: Delivery to commanding officers of persons liable to be tried by Court-martial.]\n\n521. Delivery to commanding officers of persons liable to be tried by Court-martial.—(1) The\nCentral Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950),\nthe Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed\nForces of the Union, for the time being in force, as to cases in which persons subject to army, naval or air-\nforce law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial;\nand when any person is brought before a Magistrate and charged with an offence for which he is liable to\nbe tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have\nregard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which\nhe is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of\nthe nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Court-\nmartial.\nExplanation.—In this section—\n(a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company;\n(b) “Court-martial” includes any Tribunal with the powers similar to those of a Court-martial\nconstituted under the relevant law applicable to the Armed Forces of the Union.\n\n(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding\nofficer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his\nutmost endeavours to apprehend and secure any person accused of such offence.\n(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State\nbe brought before a Court-martial for trial or to be examined touching any matter pending before the Court-\nmartial.", "section_number": "521", "section_title": "Delivery to commanding officers of persons liable to be tried by Court-martial", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 521, BNSS 2023" }, { "chunk_id": "BNSS_522", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 522: Forms.]\n\n522. Forms.—Subject to the power conferred by article 227 of the Constitution, the forms set forth in\nthe Second Schedule, with such variations as the circumstances of each case require, may be used for the\nrespective purposes therein mentioned, and if used shall be sufficient.", "section_number": "522", "section_title": "Forms", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 522, BNSS 2023" }, { "chunk_id": "BNSS_523", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 523: Power of High Court to make rules.]\n\n523. Power of High Court to make rules.—(1) Every High Court may, with the previous approval of\nthe State Government, make rules—\n(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts\nsubordinate to it;\n(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale\nof fees to be charged by them;\n(c) providing a penalty for a contravention of any of the rules so made and determining the authority\nby which such contravention may be investigated and the penalties imposed;\n(d) any other matter which is required to be, or may be, provided by rules made by the State\nGovernment.\n(2) All rules made under this section shall be published in the Official Gazette.", "section_number": "523", "section_title": "Power of High Court to make rules", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 523, BNSS 2023" }, { "chunk_id": "BNSS_524", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 524: Power to alter functions allocated to Executive Magistrate in certain cases.]\n\n524. Power to alter functions allocated to Executive Magistrate in certain cases.—If the Legislative\nAssembly of a State by a resolution so permits, the State Government may, after consultation with the High\nCourt, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive\nMagistrate shall be construed as references to a Judicial Magistrate of the first class.", "section_number": "524", "section_title": "Power to alter functions allocated to Executive Magistrate in certain cases", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 524, BNSS 2023" }, { "chunk_id": "BNSS_525", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 525: Cases in which Judge or Magistrate is personally interested.]\n\n525. Cases in which Judge or Magistrate is personally interested.—No Judge or Magistrate shall,\nexcept with the permission of the Court to which an appeal lies from his Court, try or commit for trial any\ncase to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal\nfrom any judgment or order passed or made by himself.\nExplanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in,\nany case by reason only that he is concerned therein in a public capacity, or by reason only that he has\nviewed the place in which an offence is alleged to have been committed, or any other place in which any\nother transaction material to the case is alleged to have occurred, and made an inquiry in connection with\nthe case.", "section_number": "525", "section_title": "Cases in which Judge or Magistrate is personally interested", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 525, BNSS 2023" }, { "chunk_id": "BNSS_526", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 526: Practising advocate not to sit as Magistrate in certain Courts.]\n\n526. Practising advocate not to sit as Magistrate in certain Courts.—No advocate who practices in\nthe Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction\nof that Court.", "section_number": "526", "section_title": "Practising advocate not to sit as Magistrate in certain Courts", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 526, BNSS 2023" }, { "chunk_id": "BNSS_527", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 527: Public servant concerned in sale not to purchase or bid for property.]\n\n527. Public servant concerned in sale not to purchase or bid for property.—A public servant having\nany duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid\nfor the property.", "section_number": "527", "section_title": "Public servant concerned in sale not to purchase or bid for property", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 527, BNSS 2023" }, { "chunk_id": "BNSS_528", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 528: Saving of inherent powers of High Court.]\n\n528. Saving of inherent powers of High Court.—Nothing in this Sanhita shall be deemed to limit or\naffect the inherent powers of the High Court to make such orders as may be necessary to give effect to any\norder under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of\njustice.", "section_number": "528", "section_title": "Saving of inherent powers of High Court", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 528, BNSS 2023" }, { "chunk_id": "BNSS_529", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 529: Duty of High Court to exercise continuous superintendence over Courts.]\n\n529. Duty of High Court to exercise continuous superintendence over Courts.—Every High Court\nshall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates\nsubordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and\nMagistrates.", "section_number": "529", "section_title": "Duty of High Court to exercise continuous superintendence over Courts", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 529, BNSS 2023" }, { "chunk_id": "BNSS_530", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 530: Trial and proceedings to be held in electronic mode.]\n\n530. Trial and proceedings to be held in electronic mode.—All trials, inquires and proceedings under\nthis Sanhita, including—\n(i) issuance, service and execution of summons and warrant;\n(ii) examination of complainant and witnesses;\n(iii) recording of evidence in inquiries and trials; and\n(iv) all appellate proceedings or any other proceeding,\nmay be held in electronic mode, by use of electronic communication or use of audio-video electronic means.", "section_number": "530", "section_title": "Trial and proceedings to be held in electronic mode", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 530, BNSS 2023" }, { "chunk_id": "BNSS_531", "text": "[Context: This section is from BNSS 2023, CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would. It covers Section 531: Repeal and savings.]\n\n531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.\n(2) Notwithstanding such repeal—\n(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal,\napplication, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or\ninvestigation shall be disposed of, continued, held or made, as the case may be, in accordance with the\nprovisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such\ncommencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;\n(b) all notifications published, proclamations issued, powers conferred, forms provided by rules,\nlocal jurisdictions defined, sentences passed and orders, rules and appointments, not being\nappointments as Special Magistrates, made under the said Code and which are in force immediately\nbefore the commencement of this Sanhita, shall be deemed, respectively, to have been published,\nissued, conferred, specified, defined, passed or made under the corresponding provisions of this\nSanhita;\n(c) any sanction accorded or consent given under the said Code in pursuance of which no\nproceeding was commenced under that Code, shall be deemed to have been accorded or given under\nthe corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in\npursuance of such sanction or consent.\n(3) Where the period specified for an application or other proceeding under the said Code had expired\non or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any\nsuch application to be made or proceeding to be commenced under this Sanhita by reason only of the fact\nthat a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the\nextension of time.", "section_number": "531", "section_title": "Repeal and savings", "chapter": "CHAPTER XXXIX MISCELLANEOUS section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would", "act": "BNSS 2023", "source_label": "Section 531, BNSS 2023" }, { "chunk_id": "BSA_1", "text": "[Context: This section is from BSA 2023, CHAPTER I PRELIMINARY Adhiniyam, 2023.. It covers Section 1: Short title, application and commencement.]\n\n1. Short title, application and commencement.–– (1) This Act may be called the Bharatiya Sakshya\n(2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to\naffidavits presented to any Court or officer, nor to proceedings before an arbitrator.\n(3) It shall come into force on such date1 as the Central Government may, by notification in the\nOfficial Gazette, appoint.", "section_number": "1", "section_title": "Short title, application and commencement", "chapter": "CHAPTER I PRELIMINARY Adhiniyam, 2023.", "act": "BSA 2023", "source_label": "Section 1, BSA 2023" }, { "chunk_id": "BSA_2", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 2: Definitions.]\n\n2. Definitions.— (1) In this Adhiniyam, unless the context otherwise requires,—\n(a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally\nauthorised to take evidence;\n(b) “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof\nof another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow\nevidence to be given for the purpose of disproving it;\n(c) “disproved” in relation to a fact, means when, after considering the matters before it, the\nCourt either believes that it does not exist, or considers its non-existence so probable that a prudent\nman ought, under the circumstances of the particular case, to act upon the supposition that it does not\nexist;\n(d) “document” means any matter expressed or described or otherwise recorded upon any\nsubstance by means of letters, figures or marks or any other means or by more than one of those\nmeans, intended to be used, or which may be used, for the purpose of recording that matter and\nincludes electronic and digital records.\nIllustrations.\n(i) A writing is a document.\n(ii) Words printed, lithographed or photographed are documents.\n(iii) A map or plan is a document.\n(iv) An inscription on a metal plate or stone is a document.\n(v) A caricature is a document.\n(vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone,\nmessages, websites, locational evidence and voice mail messages stored on digital devices are\ndocuments;\n(e) “evidence” means and includes—\n(i) all statements including statements given electronically which the Court permits or\nrequires to be made before it by witnesses in relation to matters of fact under inquiry and such\nstatements are called oral evidence;\n(ii) all documents including electronic or digital records produced for the inspection of the\nCourt and such documents are called documentary evidence;\n(f) “fact” means and includes—\n(i) any thing, state of things, or relation of things, capable of being perceived by the\nsenses;\n(ii) any mental condition of which any person is conscious.\nIllustrations.\n(i) That there are certain objects arranged in a certain order in a certain place, is a fact.\n(ii) That a person heard or saw something, is a fact.\n(iii) That a person said certain words, is a fact.\n(iv) That a person holds a certain opinion, has a certain intention, acts in good faith, or\nfraudulently, or uses a particular word in a particular sense, or is or was at a specified time\nconscious of a particular sensation, is a fact;\n(g) “facts in issue” means and includes any fact from which, either by itself or in connection\nwith other facts, the existence, non-existence, nature or extent of any right, liability or disability,\nasserted or denied in any suit or proceeding, necessarily follows.\nExplanation.—Whenever, under the provisions of the law for the time being in force relating\nto Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the\nanswer to such issue is a fact in issue.\nIllustrations.\nA is accused of the murder of B. At his trial, the following facts may be in issue:—\n(i) That A caused B's death.\n(ii) That A intended to cause B's death.\n(iii) That A had received grave and sudden provocation from B.\n(iv) That A, at the time of doing the act which caused B’s death, was, by reason of\nunsoundness of mind, incapable of knowing its nature;\n(h) “may presume”.—Whenever it is provided by this Adhiniyam that the Court may\npresume a fact, it may either regard such fact as proved, unless and until it is disproved or may\ncall for proof of it;\n(i) “not proved”.—A fact is said to be not proved when it is neither proved nor disproved;\n(j) “proved”.—A fact is said to be proved when, after considering the matters before it, the\nCourt either believes it to exist, or considers its existence so probable that a prudent man ought,\nunder the circumstances of the particular case, to act upon the supposition that it exists;\n(k) “relevant”.—A fact is said to be relevant to another when it is connected with the other in\nany of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts;\n\n(l) “shall presume”.—Whenever it is directed by this Adhiniyam that the Court shall presume\na fact, it shall regard such fact as proved, unless and until it is disproved.\n(2) Words and expressions used herein and not defined but defined in the Information\nTechnology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya\nNyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas.\nPART II", "section_number": "2", "section_title": "Definitions", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 2, BSA 2023" }, { "chunk_id": "BSA_3", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 3: Evidence may be given of facts in issue and relevant facts.]\n\n3. Evidence may be given of facts in issue and relevant facts.— Evidence may be given in any suit\nor proceeding of the existence or non-existence of every fact in issue and of such other facts as are\nhereinafter declared to be relevant, and of no others.\nExplanation.—This section shall not enable any person to give evidence of a fact which he is\ndisentitled to prove by any provision of the law for the time being in force relating to civil procedure.\nIllustrations.\n(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.\nAt A’s trial the following facts are in issue:—\nA’s beating B with the club;\nA’s causing B’s death by such beating;\nA’s intention to cause B’s death.\n(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the\ncase, a bond on which he relies. This section does not enable him to produce the bond or prove its\ncontents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions\nprescribed by the Code of Civil Procedure, 1908 (5 of 1908).\nClosely connected facts", "section_number": "3", "section_title": "Evidence may be given of facts in issue and relevant facts", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 3, BSA 2023" }, { "chunk_id": "BSA_4", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 4: Relevancy of facts forming part of same transaction.]\n\n4. Relevancy of facts forming part of same transaction.—Facts which, though not in issue, are so\nconnected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant,\nwhether they occurred at the same time and place or at different times and places.\nIllustrations.\n(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the\nbystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant\nfact.\n(b) A is accused of waging war against the Government of India by taking part in an armed\ninsurrection in which property is destroyed, troops are attacked and jails are broken open. The occurrence\nof these facts is relevant, as forming part of the general transaction, though A may not have been present\nat all of them.\n(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the\nparties relating to the subject out of which the libel arose, and forming part of the correspondence in\nwhich it is contained, are relevant facts, though they do not contain the libel itself.\n(d) The question is, whether certain goods ordered from B were delivered to A. The goods were\ndelivered to several intermediate persons successively. Each delivery is a relevant fact.", "section_number": "4", "section_title": "Relevancy of facts forming part of same transaction", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 4, BSA 2023" }, { "chunk_id": "BSA_5", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 5: Facts which are occasion, cause or effect of facts in issue or relevant facts.]\n\n5. Facts which are occasion, cause or effect of facts in issue or relevant facts.— Facts which are\nthe occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which\nconstitute the state of things under which they happened, or which afforded an opportunity for their\noccurrence or transaction, are relevant.\n\nIllustrations.\n(a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair\nwith money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons,\nare relevant.\n(b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near\nthe place where the murder was committed, are relevant facts.\n(c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to\npoison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are\nrelevant facts.", "section_number": "5", "section_title": "Facts which are occasion, cause or effect of facts in issue or relevant facts", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 5, BSA 2023" }, { "chunk_id": "BSA_6", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 6: Motive, preparation and previous or subsequent conduct.]\n\n6. Motive, preparation and previous or subsequent conduct.—(1) Any fact is relevant which\nshows or constitutes a motive or preparation for any fact in issue or relevant fact.\n(2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to\nsuch suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of\nany person, an offence against whom is the subject of any proceeding, is relevant, if such conduct\ninfluences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent\nthereto.\nExplanation 1.—The word “conduct” in this section does not include statements, unless those\nstatements accompany and explain acts other than statements; but this explanation is not to affect the\nrelevancy of statements under any other section of this Adhiniyam.\nExplanation 2.—When the conduct of any person is relevant, any statement made to him or in his\npresence and hearing, which affects such conduct, is relevant.\nIllustrations.\n(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C,\nand that B had tried to extort money from A by threatening to make his knowledge public, are relevant.\n(b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that,\nat the time when the bond was alleged to be made, B required money for a particular purpose, is relevant.\n(c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison\nsimilar to that which was administered to B, is relevant.\n(d) The question is, whether a certain document is the will of A. The facts that, not long before, the\ndate of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate;\nthat he consulted advocates in reference to making the will, and that he caused drafts of other wills to be\nprepared, of which he did not approve, are relevant.\n(e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime,\nA provided evidence which would tend to give to the facts of the case an appearance favourable to\nhimself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of\npersons who might have been witnesses, or suborned persons to give false evidence respecting it, are\nrelevant.\n(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A's presence—\n“the police are coming to look for the person who robbed B”, and that immediately afterwards A ran\naway, are relevant.\n(g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him\nmoney, and that D said to C in A's presence and hearing—“I advise you not to trust A, for he owes B ten\nthousand rupees”, and that A went away without making any answer, are relevant facts.\n\n(h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter,\nwarning A that inquiry was being made for the criminal, and the contents of the letter, are relevant.\n(i) A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or\nwas in possession of property or the proceeds of property acquired by the crime, or attempted to conceal\nthings which were or might have been used in committing it, are relevant.\n(j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a\ncomplaint relating to the crime, the circumstances under which, and the terms in which, the complaint\nwas made, are relevant. The fact that, without making a complaint, A said that A had been raped is not\nrelevant as conduct under this section, though it may be relevant as a dying declaration under clause (a)\nof section 26, or as corroborative evidence under section 160.\n(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A made a\ncomplaint relating to the offence, the circumstances under which, and the terms in which, the complaint\nwas made, are relevant. The fact that A said he had been robbed, without making any complaint, is not\nrelevant, as conduct under this section, though it may be relevant as a dying declaration under clause (a)\nof section 26, or as corroborative evidence under section 160.", "section_number": "6", "section_title": "Motive, preparation and previous or subsequent conduct", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 6, BSA 2023" }, { "chunk_id": "BSA_7", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 7: Facts necessary to explain or introduce fact in issue or relevant facts.]\n\n7. Facts necessary to explain or introduce fact in issue or relevant facts.—Facts necessary to\nexplain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a\nfact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is\nrelevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the\nrelation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for\nthat purpose.\nIllustrations.\n(a) The question is, whether a given document is the will of A. The state of A's property and of his\nfamily at the date of the alleged will may be relevant facts.\n(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be\nlibellous is true. The position and relations of the parties at the time when the libel was published may be\nrelevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a\nmatter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be\nrelevant if it affected the relations between A and B.\n(c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from\nhis house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact\nthat, at the time when he left home, A had sudden and urgent business at the place to which he went, is\nrelevant, as tending to explain the fact that he left home suddenly. The details of the business on which he\nleft are not relevant, except in so far as they are necessary to show that the business was sudden and\nurgent.\n(d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's\nservice, says to A—“I am leaving you because B has made me a better offer”. This statement is a relevant\nfact as explanatory of C's conduct, which is relevant as a fact in issue.\n(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B\nsays as he delivers it—“A says you are to hide this”. B's statement is relevant as explanatory of a fact\nwhich is part of the transaction.\n(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are\nrelevant as explanatory of the nature of the transaction.", "section_number": "7", "section_title": "Facts necessary to explain or introduce fact in issue or relevant facts", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 7, BSA 2023" }, { "chunk_id": "BSA_8", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 8: Things said or done by conspirator in reference to common design.]\n\n8. Things said or done by conspirator in reference to common design.—Where there is\nreasonable ground to believe that two or more persons have conspired together to commit an offence or\nan actionable wrong, anything said, done or written by any one of such persons in reference to their\ncommon intention, after the time when such intention was first entertained by any one of them, is a\nrelevant fact as against each of the persons believed to be so conspiring, as well for the purpose of\n\nproving the existence of the conspiracy as for the purpose of showing that any such person was a party to\nit.\nIllustration.\nReasonable ground exists for believing that A has joined in a conspiracy to wage war against the\nState.\nThe facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in\nKolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings\nadvocating the object in view at Agra, and F transmitted from Delhi to G at Singapore the money which\nC had collected at Kolkata, and the contents of a letter written by H giving an account of the conspiracy,\nare each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it,\nalthough he may have been ignorant of all of them, and although the persons by whom they were done\nwere strangers to him, and although they may have taken place before he joined the conspiracy or after he\nleft it.", "section_number": "8", "section_title": "Things said or done by conspirator in reference to common design", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 8, BSA 2023" }, { "chunk_id": "BSA_9", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 9: When facts not otherwise relevant become relevant.]\n\n9. When facts not otherwise relevant become relevant.—Facts not otherwise relevant are\nrelevant—\n(1) if they are inconsistent with any fact in issue or relevant fact;\n(2) if by themselves or in connection with other facts they make the existence or non-existence of\nany fact in issue or relevant fact highly probable or improbable.\nIllustrations.\n(a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on\nthat day, A was at Ladakh is relevant. The fact that, near the time when the crime was committed, A\nwas at a distance from the place where it was committed, which would render it highly improbable,\nthough not impossible, that he committed it, is relevant.\n(b) The question is, whether A committed a crime. The circumstances are such that the crime\nmust have been committed either by A, B, C or D. Every fact which shows that the crime could have\nbeen committed by no one else, and that it was not committed by either B, C or D, is relevant.", "section_number": "9", "section_title": "When facts not otherwise relevant become relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 9, BSA 2023" }, { "chunk_id": "BSA_10", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 10: Facts tending to enable Court to determine amount are relevant in suits for damages.]\n\n10. Facts tending to enable Court to determine amount are relevant in suits for damages.—In\nsuits in which damages are claimed, any fact which will enable the Court to determine the amount of\ndamages which ought to be awarded, is relevant.", "section_number": "10", "section_title": "Facts tending to enable Court to determine amount are relevant in suits for damages", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 10, BSA 2023" }, { "chunk_id": "BSA_11", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 11: Facts relevant when right or custom is in question.]\n\n11. Facts relevant when right or custom is in question.—Where the question is as to the existence\nof any right or custom, the following facts are relevant—\n(a) any transaction by which the right or custom in question was created, claimed, modified,\nrecognised, asserted or denied, or which was inconsistent with its existence;\n(b) particular instances in which the right or custom was claimed, recognised or exercised, or in\nwhich its exercise was disputed, asserted or departed from.\nIllustration.\nThe question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a\nmortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with\nthe mortgage, particular instances in which A's father exercised the right, or in which the exercise of the\nright was stopped by A's neighbours, are relevant facts.", "section_number": "11", "section_title": "Facts relevant when right or custom is in question", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 11, BSA 2023" }, { "chunk_id": "BSA_12", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 12: Facts showing existence of state of mind, or of body or bodily feeling.]\n\n12. Facts showing existence of state of mind, or of body or bodily feeling.—Facts showing the\nexistence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or\ngoodwill towards any particular person, or showing the existence of any state of body or bodily feeling,\nare relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.\n\nExplanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that\nthe state of mind exists, not generally, but in reference to the particular matter in question.\nExplanation 2.—But where, upon the trial of a person accused of an offence, the previous\ncommission by the accused of an offence is relevant within the meaning of this section, the previous\nconviction of such person shall also be a relevant fact.\nIllustrations.\n(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in\npossession of a particular stolen article. The fact that, at the same time, he was in possession of many\nother stolen articles is relevant, as tending to show that he knew each and all of the articles of which he\nwas in possession to be stolen.\n(b) A is accused of fraudulently delivering to another person a counterfeit currency which, at the time\nwhen he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed\nof a number of other pieces of counterfeit currency is relevant. The fact that A had been previously\nconvicted of delivering to another person as genuine a counterfeit currency knowing it to be counterfeit is\nrelevant.\n(c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The fact that the dog\nhad previously bitten X, Y and Z, and that they had made complaints to B, are relevant.\n(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee\nwas fictitious. The fact that A had accepted other bills drawn in the same manner before they could have\nbeen transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A\nknew that the payee was a fictitious person.\n(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B.\nThe fact of previous publications by A respecting B, showing ill-will on the part of A towards B is\nrelevant, as proving A's intention to harm B's reputation by the particular publication in question. The\nfacts that there was no previous quarrel between A and B, and that A repeated the matter complained of\nas he heard it, are relevant, as showing that A did not intend to harm the reputation of B.\n(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to\ntrust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C\nwas supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing\nthat A made the representation in good faith.\n(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order\nof C, a contractor. A's defence is that B's contract was with C. The fact that A paid C for the work in\nquestion is relevant, as proving that A did, in good faith, make over to C the management of the work in\nquestion, so that C was in a position to contract with B on C's own account, and not as agent for A.\n(h) A is accused of the dishonest misappropriation of property which he had found, and the question\nis whether, when he appropriated it, he believed in good faith that the real owner could not be found. The\nfact that public notice of the loss of the property had been given in the place where A was, is relevant, as\nshowing that A did not in good faith believe that the real owner of the property could not be found. The\nfact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of\nthe loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A\nknew of the notice did not disprove A's good faith.\n(i) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's\nhaving previously shot at B may be proved.\n(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B\nmay be proved, as showing the intention of the letters.\n(k) The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their\nfeeling towards each other shortly before or after the alleged cruelty are relevant facts.\n\n(l) The question is, whether A's death was caused by poison. Statements made by A during his illness\nas to his symptoms are relevant facts.\n(m) The question is, what was the state of A's health at the time when an assurance on his life was\neffected. Statements made by A as to the state of his health at or near the time in question are relevant\nfacts.\n(n) A sues B for negligence in providing him with a car for hire not reasonably fit for use, whereby A\nwas injured. The fact that B's attention was drawn on other occasions to the defect of that particular car is\nrelevant. The fact that B was habitually negligent about the cars which he let to hire is irrelevant.\n(o) A is tried for the murder of B by intentionally shooting him dead. The fact that A on other\noccasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of\nshooting at people with intent to murder them is irrelevant.\n(p) A is tried for a crime. The fact that he said something indicating an intention to commit that\nparticular crime is relevant. The fact that he said something indicating a general disposition to commit\ncrimes of that class is irrelevant.", "section_number": "12", "section_title": "Facts showing existence of state of mind, or of body or bodily feeling", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 12, BSA 2023" }, { "chunk_id": "BSA_13", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 13: Facts bearing on question whether act was accidental or intentional.]\n\n13. Facts bearing on question whether act was accidental or intentional.—When there is a\nquestion whether an act was accidental or intentional, or done with a particular knowledge or intention,\nthe fact that such act formed part of a series of similar occurrences, in each of which the person doing the\nact was concerned, is relevant.\nIllustrations.\n(a) A is accused of burning down his house in order to obtain money for which it is insured. The facts\nthat A lived in several houses successively each of which he insured, in each of which a fire occurred,\nand after each of which fires A received payment from a different insurance company, are relevant, as\ntending to show that the fires were not accidental.\n(b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book\nshowing the amounts received by him. He makes an entry showing that on a particular occasion he\nreceived less than he really did receive. The question is, whether this false entry was accidental or\nintentional. The facts that other entries made by A in the same book are false, and that the false entry is in\neach case in favour of A, are relevant.\n(c) A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the\ndelivery of the currency was accidental. The facts that, soon before or soon after the delivery to B, A\ndelivered counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not\naccidental.", "section_number": "13", "section_title": "Facts bearing on question whether act was accidental or intentional", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 13, BSA 2023" }, { "chunk_id": "BSA_14", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 14: Existence of course of business when relevant.]\n\n14. Existence of course of business when relevant.—When there is a question whether a particular\nact was done, the existence of any course of business, according to which it naturally would have been\ndone, is a relevant fact.\nIllustrations.\n(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary\ncourse of business for all letters put in a certain place to be carried to the post, and that particular letter\nwas put in that place are relevant.\n(b) The question is, whether a particular letter reached A. The facts that it was posted in due course,\nand was not returned through the Return Letter Office, are relevant.\nAdmissions", "section_number": "14", "section_title": "Existence of course of business when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 14, BSA 2023" }, { "chunk_id": "BSA_15", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 15: Admission defined.]\n\n15. Admission defined.—An admission is a statement, oral or documentary or contained in\nelectronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made\nby any of the persons, and under the circumstances, hereinafter mentioned.", "section_number": "15", "section_title": "Admission defined", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 15, BSA 2023" }, { "chunk_id": "BSA_16", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 16: Admission by party to proceeding or his agent.]\n\n16. Admission by party to proceeding or his agent.—(1) Statements made by a party to the\nproceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the\ncase, as expressly or impliedly authorised by him to make them, are admissions.\n(2) Statements made by—\n(i) parties to suits suing or sued in a representative character, are not admissions, unless they\nwere made while the party making them held that character; or\n(ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the\nproceeding, and who make the statement in their character of persons so interested; or\n(b) persons from whom the parties to the suit have derived their interest in the subject matter of\nthe suit,\nare admissions, if they are made during the continuance of the interest of the persons making the\nstatements.", "section_number": "16", "section_title": "Admission by party to proceeding or his agent", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 16, BSA 2023" }, { "chunk_id": "BSA_17", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 17: Admissions by persons whose position must be proved as against party to suit.]\n\n17. Admissions by persons whose position must be proved as against party to suit.—Statements\nmade by persons whose position or liability, it is necessary to prove as against any party to the suit, are\nadmissions, if such statements would be relevant as against such persons in relation to such position or\nliability in a suit brought by or against them, and if they are made whilst the person making them\noccupies such position or is subject to such liability.\nIllustration.\nA undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that\nrent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as\nagainst A, if A denies that C did owe rent to B.", "section_number": "17", "section_title": "Admissions by persons whose position must be proved as against party to suit", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 17, BSA 2023" }, { "chunk_id": "BSA_18", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 18: Admissions by persons expressly referred to by party to suit.]\n\n18. Admissions by persons expressly referred to by party to suit.—Statements made by persons to\nwhom a party to the suit has expressly referred for information in reference to a matter in dispute are\nadmissions.\nIllustration.\nThe question is, whether a horse sold by A to B is sound.\nA says to B— “Go and ask C, C knows all about it”. C's statement is an admission.", "section_number": "18", "section_title": "Admissions by persons expressly referred to by party to suit", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 18, BSA 2023" }, { "chunk_id": "BSA_19", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 19: Proof of admissions against persons making them, and by or on their behalf.]\n\n19. Proof of admissions against persons making them, and by or on their behalf.—Admissions\nare relevant and may be proved as against the person who makes them, or his representative in interest;\nbut they cannot be proved by or on behalf of the person who makes them or by his representative in\ninterest, except in the following cases, namely:—\n(1) an admission may be proved by or on behalf of the person making it, when it is of such a\nnature that, if the person making it were dead, it would be relevant as between third persons under\nsection 26;\n(2) an admission may be proved by or on behalf of the person making it, when it consists of a\nstatement of the existence of any state of mind or body, relevant or in issue, made at or about the time\nwhen such state of mind or body existed, and is accompanied by conduct rendering its falsehood\nimprobable;\n(3) an admission may be proved by or on behalf of the person making it, if it is relevant\notherwise than as an admission.\nIllustrations.\n(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is\ngenuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a\n\nstatement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine,\nnor can B prove a statement by himself that the deed is forged.\n(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was\ntaken out of her proper course. A produces a book kept by him in the ordinary course of his business\nshowing observations alleged to have been taken by him from day to day, and indicating that the ship was\nnot taken out of her proper course. A may prove these statements, because they would be admissible\nbetween third parties, if he were dead, under clause (b) of section 26.\n(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and\ndated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of\nthe letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26.\n(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he\nrefused to sell them below their value. A may prove these statements, though they are admissions,\nbecause they are explanatory of conduct influenced by facts in issue.\n(e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be\ncounterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted\nwhether it was counterfeit or not, and that person did examine it and told him it was genuine. A may\nprove these facts.", "section_number": "19", "section_title": "Proof of admissions against persons making them, and by or on their behalf", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 19, BSA 2023" }, { "chunk_id": "BSA_20", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 20: When oral admissions as to contents of documents are relevant.]\n\n20. When oral admissions as to contents of documents are relevant.—Oral admissions as to the\ncontents of a document are not relevant, unless and until the party proposing to prove them shows that he\nis entitled to give secondary evidence of the contents of such document under the rules hereinafter\ncontained, or unless the genuineness of a document produced is in question.", "section_number": "20", "section_title": "When oral admissions as to contents of documents are relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 20, BSA 2023" }, { "chunk_id": "BSA_21", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 21: Admissions in civil cases when relevant.]\n\n21. Admissions in civil cases when relevant.—In civil cases no admission is relevant, if it is made\neither upon an express condition that evidence of it is not to be given, or under circumstances from which\nthe Court can infer that the parties agreed together that evidence of it should not be given.\nExplanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of\nany matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.", "section_number": "21", "section_title": "Admissions in civil cases when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 21, BSA 2023" }, { "chunk_id": "BSA_22", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal.]\n\n22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal\nproceeding.—A confession made by an accused person is irrelevant in a criminal proceeding, if the\nmaking of the confession appears to the Court to have been caused by any inducement, threat, coercion or\npromise having reference to the charge against the accused person, proceeding from a person in authority\nand sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him\nreasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal\nnature in reference to the proceedings against him:\nProvided that if the confession is made after the impression caused by any such inducement, threat,\ncoercion or promise has, in the opinion of the Court, been fully removed, it is relevant:\nProvided further that if such a confession is otherwise relevant, it does not become irrelevant merely\nbecause it was made under a promise of secrecy, or in consequence of a deception practised on the\naccused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer\nto questions which he need not have answered, whatever may have been the form of those questions, or\nbecause he was not warned that he was not bound to make such confession, and that evidence of it might\nbe given against him.", "section_number": "22", "section_title": "Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 22, BSA 2023" }, { "chunk_id": "BSA_23", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 23: Confession to police officer.]\n\n23. Confession to police officer.—(1) No confession made to a police officer shall be proved as\nagainst a person accused of any offence.\n(2) No confession made by any person while he is in the custody of a police officer, unless it is made\nin the immediate presence of a Magistrate shall be proved against him:\nProvided that when any fact is deposed to as discovered in consequence of information received from\na person accused of any offence, in the custody of a police officer, so much of such information, whether\nit amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.", "section_number": "23", "section_title": "Confession to police officer", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 23, BSA 2023" }, { "chunk_id": "BSA_24", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 24: Consideration of proved confession affecting person making it and others jointly under trial.]\n\n24. Consideration of proved confession affecting person making it and others jointly under trial\nfor same offence.—When more persons than one are being tried jointly for the same offence, and a\nconfession made by one of such persons affecting himself and some other of such persons is proved, the\nCourt may take into consideration such confession as against such other person as well as against the\nperson who makes such confession.\nExplanation I.—“Offence”, as used in this section, includes the abetment of, or attempt to commit,\nthe offence.\nExplanation II.—A trial of more persons than one held in the absence of the accused who has\nabsconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik\nSuraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section.\nIllustrations.\n(a) A and B are jointly tried for the murder of C. It is proved that A said—“B and I murdered C”. The\nCourt may consider the effect of this confession as against B.\n(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B,\nand that B said— “A and I murdered C”. This statement may not be taken into consideration by the Court\nagainst A, as B is not being jointly tried.", "section_number": "24", "section_title": "Consideration of proved confession affecting person making it and others jointly under trial", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 24, BSA 2023" }, { "chunk_id": "BSA_25", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 25: Admissions not conclusive proof, but may estop.]\n\n25. Admissions not conclusive proof, but may estop.—Admissions are not conclusive proof of the\nmatters admitted but they may operate as estoppels under the provisions hereinafter contained.\nStatements by persons who cannot be called as witnesses", "section_number": "25", "section_title": "Admissions not conclusive proof, but may estop", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 25, BSA 2023" }, { "chunk_id": "BSA_26", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 26: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is.]\n\n26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is\nrelevant.—Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot\nbe found, or who has become incapable of giving evidence, or whose attendance cannot be procured\nwithout an amount of delay or expense which under the circumstances of the case appears to the Court\nunreasonable, are themselves relevant facts in the following cases, namely:—\n(a) when the statement is made by a person as to the cause of his death, or as to any of the\ncircumstances of the transaction which resulted in his death, in cases in which the cause of that\nperson's death comes into question. Such statements are relevant whether the person who made them\nwas or was not, at the time when they were made, under expectation of death, and whatever may be\nthe nature of the proceeding in which the cause of his death comes into question;\n(b) when the statement was made by such person in the ordinary course of business, and in\nparticular when it consists of any entry or memorandum made by him in books kept in the ordinary\ncourse of business, or in the discharge of professional duty; or of an acknowledgement written or\nsigned by him of the receipt of money, goods, securities or property of any kind; or of a document\nused in commerce written or signed by him; or of the date of a letter or other document usually dated,\nwritten or signed by him;\n(c) when the statement is against the pecuniary or proprietary interest of the person making it, or\nwhen, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit\nfor damages;\n(d) when the statement gives the opinion of any such person, as to the existence of any public\nright or custom or matter of public or general interest, of the existence of which, if it existed, he\nwould have been likely to be aware, and when such statement was made before any controversy as to\nsuch right, custom or matter had arisen;\n(e) when the statement relates to the existence of any relationship by blood, marriage or adoption\nbetween persons as to whose relationship by blood, marriage or adoption the person making the\nstatement had special means of knowledge, and when the statement was made before the question in\ndispute was raised;\n(f) when the statement relates to the existence of any relationship by blood, marriage or adoption\nbetween persons deceased, and is made in any will or deed relating to the affairs of the family to\n\nwhich any such deceased person belonged, or in any family pedigree, or upon any tombstone, family\nportrait or other thing on which such statements are usually made, and when such statement was\nmade before the question in dispute was raised;\n(g) when the statement is contained in any deed, will or other document which relates to any such\ntransaction as is specified in clause (a) of section 11;\n(h) when the statement was made by a number of persons, and expressed feelings or impressions\non their part relevant to the matter in question.\nIllustrations.\n(a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in\nthe course of which she was raped. The question is whether she was raped by B; or the question is,\nwhether A was killed by B under such circumstances that a suit would lie against B by A's widow.\nStatements made by A as to the cause of his or her death, referring respectively to the murder, the rape\nand the actionable wrong under consideration, are relevant facts.\n(b) The question is as to the date of A's birth. An entry in the diary of a deceased surgeon regularly\nkept in the course of business, stating that, on a given day he attended A's mother and delivered her of a\nson, is a relevant fact.\n(c) The question is, whether A was in Nagpur on a given day. A statement in the diary of a deceased\nsolicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place\nmentioned, in Nagpur, for the purpose of conferring with him upon specified business, is a relevant fact.\n(d) The question is, whether a ship sailed from Mumbai harbour on a given day. A letter written by a\ndeceased member of a merchant's firm by which she was chartered to their correspondents in Chennai, to\nwhom the cargo was consigned, stating that the ship sailed on a given day from Mumbai port, is a\nrelevant fact.\n(e) The question is, whether rent was paid to A for certain land. A letter from A's deceased agent to\nA, saying that he had received the rent on A's account and held it at A's orders is a relevant fact.\n(f) The question is, whether A and B were legally married. The statement of a deceased clergyman\nthat he married them under such circumstances that the celebration would be a crime is relevant.\n(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The\nfact that a letter written by him is dated on that day is relevant.\n(h) The question is, what was the cause of the wreck of a ship. A protest made by the captain, whose\nattendance cannot be procured, is a relevant fact.\n(i) The question is, whether a given road is a public way. A statement by A, a deceased headman of\nthe village, that the road was public, is a relevant fact.\n(j) The question is, what was the price of grain on a certain day in a particular market. A statement of\nthe price, made by a deceased business person in the ordinary course of his business, is a relevant fact.\n(k) The question is, whether A, who is dead, was the father of B. A statement by A that B was his\nson, is a relevant fact.\n(l) The question is, what was the date of the birth of A. A letter from A's deceased father to a friend,\nannouncing the birth of A on a given day, is a relevant fact.\n(m) The question is, whether, and when, A and B were married. An entry in a memorandum book by\nC, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact.\n(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is\nas to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on\nthese points may be proved.", "section_number": "26", "section_title": "Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 26, BSA 2023" }, { "chunk_id": "BSA_27", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 27: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein.]\n\n27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein\nstated.—Evidence given by a witness in a judicial proceeding, or before any person authorised by law to\n\ntake it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the\nsame judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be\nfound, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence\ncannot be obtained without an amount of delay or expense which, under the circumstances of the case,\nthe Court considers unreasonable:\nProvided that the proceeding was between the same parties or their representatives in interest; that the\nadverse party in the first proceeding had the right and opportunity to cross-examine and the questions in\nissue were substantially the same in the first as in the second proceeding.\nExplanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor\nand the accused within the meaning of this section.\nStatements made under special circumstances", "section_number": "27", "section_title": "Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 27, BSA 2023" }, { "chunk_id": "BSA_28", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 28: Entries in books of account when relevant.]\n\n28. Entries in books of account when relevant.—Entries in the books of account, including those\nmaintained in an electronic form, regularly kept in the course of business are relevant whenever they refer\nto a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence\nto charge any person with liability.\nIllustration.\nA sues B for one thousand rupees, and shows entries in his account books showing B to be indebted\nto him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the\ndebt.", "section_number": "28", "section_title": "Entries in books of account when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 28, BSA 2023" }, { "chunk_id": "BSA_29", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 29: Relevancy of entry in public record or an electronic record made in performance of duty.]\n\n29. Relevancy of entry in public record or an electronic record made in performance of duty.—\nAn entry in any public or other official book, register or record or an electronic record, stating a fact in\nissue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other\nperson in performance of a duty specially enjoined by the law of the country in which such book, register\nor record or an electronic record, is kept, is itself a relevant fact.", "section_number": "29", "section_title": "Relevancy of entry in public record or an electronic record made in performance of duty", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 29, BSA 2023" }, { "chunk_id": "BSA_30", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 30: Relevancy of statements in maps, charts and plans.]\n\n30. Relevancy of statements in maps, charts and plans.—Statements of facts in issue or relevant\nfacts, made in published maps or charts generally offered for public sale, or in maps or plans made under\nthe authority of the Central Government or any State Government, as to matters usually represented or\nstated in such maps, charts or plans, are themselves relevant facts.", "section_number": "30", "section_title": "Relevancy of statements in maps, charts and plans", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 30, BSA 2023" }, { "chunk_id": "BSA_31", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 31: Relevancy of statement as to fact of public nature contained in certain Acts or.]\n\n31. Relevancy of statement as to fact of public nature contained in certain Acts or\nnotifications.—When the Court has to form an opinion as to the existence of any fact of a public nature,\nany statement of it, made in a recital contained in any Central Act or State Act or in a Central\nGovernment or State Government notification appearing in the respective Official Gazette or in any\nprinted paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.", "section_number": "31", "section_title": "Relevancy of statement as to fact of public nature contained in certain Acts or", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 31, BSA 2023" }, { "chunk_id": "BSA_32", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 32: Relevancy of statements as to any law contained in law books including electronic or digital.]\n\n32. Relevancy of statements as to any law contained in law books including electronic or digital\nform.—When the Court has to form an opinion as to a law of any country, any statement of such law\ncontained in a book purporting to be printed or published including in electronic or digital form under the\nauthority of the Government of such country and to contain any such law, and any report of a ruling of\nthe Courts of such country contained in a book including in electronic or digital form purporting to be a\nreport of such rulings, is relevant.\nHow much of a statement is to be proved", "section_number": "32", "section_title": "Relevancy of statements as to any law contained in law books including electronic or digital", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 32, BSA 2023" }, { "chunk_id": "BSA_33", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 33: What evidence to be given when statement forms part of a conversation, document,.]\n\n33. What evidence to be given when statement forms part of a conversation, document,\nelectronic record, book or series of letters or papers.—When any statement of which evidence is given\nforms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a\ndocument which forms part of a book, or is contained in part of electronic record or of a connected series\nof letters or papers, evidence shall be given of so much and no more of the statement, conversation,\n\ndocument, electronic record, book or series of letters or papers as the Court considers necessary in that\nparticular case to the full understanding of the nature and effect of the statement, and of the\ncircumstances under which it was made.\nJudgments of Courts when relevant", "section_number": "33", "section_title": "What evidence to be given when statement forms part of a conversation, document,", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 33, BSA 2023" }, { "chunk_id": "BSA_34", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 34: Previous judgments relevant to bar a second suit or trial.]\n\n34. Previous judgments relevant to bar a second suit or trial.—The existence of any judgment,\norder or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a\nrelevant fact when the question is whether such Court ought to take cognizance of such suit or to hold\nsuch trial.", "section_number": "34", "section_title": "Previous judgments relevant to bar a second suit or trial", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 34, BSA 2023" }, { "chunk_id": "BSA_35", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 35: Relevancy of certain judgments in probate, etc., jurisdiction.]\n\n35. Relevancy of certain judgments in probate, etc., jurisdiction.—(1) A final judgment, order or\ndecree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency\njurisdiction, which confers upon or takes away from any person any legal character, or which declares\nany person to be entitled to any such character, or to be entitled to any specific thing, not as against any\nspecified person but absolutely, is relevant when the existence of any such legal character, or the title of\nany such person to any such thing, is relevant.\n(2) Such judgment, order or decree is conclusive proof that—\n(i) any legal character, which it confers accrued at the time when such judgment, order or decree\ncame into operation;\n(ii) any legal character, to which it declares any such person to be entitled, accrued to that person\nat the time when such judgment, order or decree declares it to have accrued to that person;\n(iii) any legal character which it takes away from any such person ceased at the time from which\nsuch judgment, order or decree declared that it had ceased or should cease; and\n(iv) anything to which it declares any person to be so entitled was the property of that person at\nthe time from which such judgment, order or decree declares that it had been or should be his\nproperty.", "section_number": "35", "section_title": "Relevancy of certain judgments in probate, etc., jurisdiction", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 35, BSA 2023" }, { "chunk_id": "BSA_36", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in.]\n\n36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in\nsection 35.—Judgments, orders or decrees other than those mentioned in section 35 are relevant if they\nrelate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not\nconclusive proof of that which they state.\nIllustration.\nA sues B for trespass on his land. B alleges the existence of a public right of way over the land,\nwhich A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a\ntrespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is\nnot conclusive proof that the right of way exists.", "section_number": "36", "section_title": "Relevancy and effect of judgments, orders or decrees, other than those mentioned in", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 36, BSA 2023" }, { "chunk_id": "BSA_37", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 37: Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.]\n\n37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.—\nJudgments or orders or decrees, other than those mentioned in sections 34, 35 and 36, are irrelevant,\nunless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other\nprovision of this Adhiniyam.\nIllustrations.\n(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the\nmatter alleged to be libellous is true, and the circumstances are such that it is probably true in each case,\nor in neither. A obtains a decree against C for damages on the ground that C failed to make out his\njustification. The fact is irrelevant as between B and C.\n(b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow,\nwhich B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.\n\n(c) A has obtained a decree for the possession of land against B. C, B's son, murders A in\nconsequence. The existence of the judgment is relevant, as showing motive for a crime.\n(d) A is charged with theft and with having been previously convicted of theft. The previous\nconviction is relevant as a fact in issue.\n(e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and\nsentenced is relevant under section 6 as showing the motive for the fact in issue.", "section_number": "37", "section_title": "Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 37, BSA 2023" }, { "chunk_id": "BSA_38", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 38: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.]\n\n38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.—Any\nparty to a suit or other proceeding may show that any judgment, order or decree which is relevant under\nsection 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not\ncompetent to deliver it, or was obtained by fraud or collusion.\nOpinions of third persons when relevant", "section_number": "38", "section_title": "Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 38, BSA 2023" }, { "chunk_id": "BSA_39", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 39: Opinions of experts.]\n\n39. Opinions of experts.—(1) When the Court has to form an opinion upon a point of foreign law or\nof science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions\nupon that point of persons specially skilled in such foreign law, science or art, or any other field, or in\nquestions as to identity of handwriting or finger impressions are relevant facts and such persons are called\nexperts.\nIllustrations.\n(a) The question is, whether the death of A was caused by poison. The opinions of experts as to the\nsymptoms produced by the poison by which A is supposed to have died, are relevant.\n(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of\nmind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary\nto law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show\nunsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of\nknowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary\nto law, are relevant.\n(c) The question is, whether a certain document was written by A. Another document is produced\nwhich is proved or admitted to have been written by A. The opinions of experts on the question whether\nthe two documents were written by the same person or by different persons, are relevant.\n(2) When in a proceeding, the court has to form an opinion on any matter relating to any information\ntransmitted or stored in any computer resource or any other electronic or digital form, the opinion of the\nExaminer of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000\n(21 of 2000), is a relevant fact.\nExplanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an\nexpert.", "section_number": "39", "section_title": "Opinions of experts", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 39, BSA 2023" }, { "chunk_id": "BSA_40", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 40: Facts bearing upon opinions of experts.]\n\n40. Facts bearing upon opinions of experts.—Facts, not otherwise relevant, are relevant if they\nsupport or are inconsistent with the opinions of experts, when such opinions are relevant.\nIllustrations.\n(a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who\nwere poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the\nsymptoms of that poison, is relevant.\n(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that\nother harbours similarly situated in other respects, but where there were no such sea-walls, began to be\nobstructed at about the same time, is relevant.", "section_number": "40", "section_title": "Facts bearing upon opinions of experts", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 40, BSA 2023" }, { "chunk_id": "BSA_41", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 41: Opinion as to handwriting and signature, when relevant.]\n\n41. Opinion as to handwriting and signature, when relevant.—(1) When the Court has to form an\nopinion as to the person by whom any document was written or signed, the opinion of any person\nacquainted with the handwriting of the person by whom it is supposed to be written or signed that it was\nor was not written or signed by that person, is a relevant fact.\n\nExplanation.—A person is said to be acquainted with the handwriting of another person when he has\nseen that person write, or when he has received documents purporting to be written by that person in\nanswer to documents written by himself or under his authority and addressed to that person, or when, in\nthe ordinary course of business, documents purporting to be written by that person have been habitually\nsubmitted to him.\nIllustration.\nThe question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a\nmerchant in Bengaluru, who has written letters addressed to A and received letters purporting to be\nwritten by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker,\nto whom B habitually submitted the letters purporting to be written by A for the purpose of advising him\nthereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are\nrelevant, though neither B, C nor D ever saw A write.\n(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of\nthe Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.", "section_number": "41", "section_title": "Opinion as to handwriting and signature, when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 41, BSA 2023" }, { "chunk_id": "BSA_42", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 42: Opinion as to existence of general custom or right, when relevant.]\n\n42. Opinion as to existence of general custom or right, when relevant.—When the Court has to\nform an opinion as to the existence of any general custom or right, the opinions, as to the existence of\nsuch custom or right, of persons who would be likely to know of its existence if it existed, are relevant.\nExplanation.—The expression “general custom or right” includes customs or rights common to any\nconsiderable class of persons.\nIllustration.\nThe right of the villagers of a particular village to use the water of a particular well is a general right\nwithin the meaning of this section.", "section_number": "42", "section_title": "Opinion as to existence of general custom or right, when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 42, BSA 2023" }, { "chunk_id": "BSA_43", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 43: Opinion as to usages, tenets, etc., when relevant.]\n\n43. Opinion as to usages, tenets, etc., when relevant.—When the Court has to form an opinion as\nto—\n(i) the usages and tenets of any body of men or family;\n(ii) the constitution and governance of any religious or charitable foundation; or\n(iii) the meaning of words or terms used in particular districts or by particular classes of people,\nthe opinions of persons having special means of knowledge thereon, are relevant facts.", "section_number": "43", "section_title": "Opinion as to usages, tenets, etc., when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 43, BSA 2023" }, { "chunk_id": "BSA_44", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 44: Opinion on relationship, when relevant.]\n\n44. Opinion on relationship, when relevant.—When the Court has to form an opinion as to the\nrelationship of one person to another, the opinion, expressed by conduct, as to the existence of such\nrelationship, of any person who, as a member of the family or otherwise, has special means of knowledge\non the subject, is a relevant fact:\nProvided that such opinion shall not be sufficient to prove a marriage in proceedings under the\nDivorce Act, 1869 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya\nSanhita, 2023.\nIllustrations.\n(a) The question is, whether A and B were married. The fact that they were usually received and\ntreated by their friends as husband and wife, is relevant.\n(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as\nsuch by members of the family, is relevant.", "section_number": "44", "section_title": "Opinion on relationship, when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 44, BSA 2023" }, { "chunk_id": "BSA_45", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 45: Grounds of opinion, when relevant.]\n\n45. Grounds of opinion, when relevant.—Whenever the opinion of any living person is relevant,\nthe grounds on which such opinion is based are also relevant.\n\nIllustration.\nAn expert may give an account of experiments performed by him for the purpose of forming his\nopinion.\nCharacter when relevant", "section_number": "45", "section_title": "Grounds of opinion, when relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 45, BSA 2023" }, { "chunk_id": "BSA_46", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 46: In civil cases character to prove conduct imputed, irrelevant.]\n\n46. In civil cases character to prove conduct imputed, irrelevant.—In civil cases the fact that the\ncharacter of any person concerned is such as to render probable or improbable any conduct imputed to\nhim, is irrelevant, except in so far as such character appears from facts otherwise relevant.", "section_number": "46", "section_title": "In civil cases character to prove conduct imputed, irrelevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 46, BSA 2023" }, { "chunk_id": "BSA_47", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 47: In criminal cases previous good character relevant.]\n\n47. In criminal cases previous good character relevant.—In criminal proceedings the fact that the\nperson accused is of a good character, is relevant.", "section_number": "47", "section_title": "In criminal cases previous good character relevant", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 47, BSA 2023" }, { "chunk_id": "BSA_48", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 48: Evidence of character or previous sexual experience not relevant in certain cases.]\n\n48. Evidence of character or previous sexual experience not relevant in certain cases.—In a\nprosecution for an offence under section 64, section 65, section 66, section 67, section 68,\nsection 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the\nBharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent\nis in issue, evidence of the character of the victim or of such person’s previous sexual experience with\nany person shall not be relevant on the issue of such consent or the quality of consent.", "section_number": "48", "section_title": "Evidence of character or previous sexual experience not relevant in certain cases", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 48, BSA 2023" }, { "chunk_id": "BSA_49", "text": "[Context: This section is from BSA 2023, CHAPTER II RELEVANCY OF FACTS. It covers Section 49: Previous bad character not relevant, except in reply.]\n\n49. Previous bad character not relevant, except in reply.—In criminal proceedings, the fact that\nthe accused has a bad character, is irrelevant, unless evidence has been given that he has a good character,\nin which case it becomes relevant.\nExplanation 1.—This section does not apply to cases in which the bad character of any person is\nitself a fact in issue.\nExplanation 2.—A previous conviction is relevant as evidence of bad character.", "section_number": "49", "section_title": "Previous bad character not relevant, except in reply", "chapter": "CHAPTER II RELEVANCY OF FACTS", "act": "BSA 2023", "source_label": "Section 49, BSA 2023" }, { "chunk_id": "BSA_50", "text": "[Context: This section is from BSA 2023, CHAPTER III FACTS WHICH NEED NOT BE PROVED. It covers Section 50: Character as affecting damages.]\n\n50. Character as affecting damages.—In civil cases, the fact that the character of any person is such\nas to affect the amount of damages which he ought to receive, is relevant.\nExplanation.—In this section and sections 46, 47 and 49, the word “character” includes both\nreputation and disposition; but, except as provided in section 49, evidence may be given only of general\nreputation and general disposition, and not of particular acts by which reputation or disposition has been\nshown.\nPART III\nON PROOF", "section_number": "50", "section_title": "Character as affecting damages", "chapter": "CHAPTER III FACTS WHICH NEED NOT BE PROVED", "act": "BSA 2023", "source_label": "Section 50, BSA 2023" }, { "chunk_id": "BSA_51", "text": "[Context: This section is from BSA 2023, CHAPTER III FACTS WHICH NEED NOT BE PROVED. It covers Section 51: Fact judicially noticeable need not be proved.]\n\n51. Fact judicially noticeable need not be proved.—No fact of which the Court will take judicial\nnotice need be proved.", "section_number": "51", "section_title": "Fact judicially noticeable need not be proved", "chapter": "CHAPTER III FACTS WHICH NEED NOT BE PROVED", "act": "BSA 2023", "source_label": "Section 51, BSA 2023" }, { "chunk_id": "BSA_52", "text": "[Context: This section is from BSA 2023, CHAPTER III FACTS WHICH NEED NOT BE PROVED. It covers Section 52: Facts of which Court shall take judicial notice.]\n\n52. Facts of which Court shall take judicial notice.—(1) The Court shall take judicial notice of the\nfollowing facts, namely:—\n(a) all laws in force in the territory of India including laws having extra-territorial operation;\n(b) international treaty, agreement or convention with country or countries by India, or decisions\nmade by India at international associations or other bodies;\n(c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of\nthe State Legislatures;\n(d) the seals of all Courts and Tribunals;\n\n(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals\nwhich any person is authorised to use by the Constitution, or by an Act of Parliament or State\nLegislatures, or Regulations having the force of law in India;\n(f) the accession to office, names, titles, functions, and signatures of the persons filling for the\ntime being any public office in any State, if the fact of their appointment to such office is notified in\nany Official Gazette;\n(g) the existence, title and national flag of every country or sovereign recognised by the\nGovernment of India;\n(h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and\nholidays notified in the Official Gazette;\n(i) the territory of India;\n(j) the commencement, continuance and termination of hostilities between the Government of\nIndia and any other country or body of persons;\n(k) the names of the members and officers of the Court and of their deputies and subordinate\nofficers and assistants, and also of all officers acting in execution of its process, and of advocates and\nother persons authorised by law to appear or act before it;\n(l) the rule of the road on land or at sea.\n(2) In the cases referred to in sub-section (1) and also on all matters of public history, literature,\nscience or art, the Court may resort for its aid to appropriate books or documents of reference and if the\nCourt is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and\nuntil such person produces any such book or document as it may consider necessary to enable it to do so.", "section_number": "52", "section_title": "Facts of which Court shall take judicial notice", "chapter": "CHAPTER III FACTS WHICH NEED NOT BE PROVED", "act": "BSA 2023", "source_label": "Section 52, BSA 2023" }, { "chunk_id": "BSA_53", "text": "[Context: This section is from BSA 2023, CHAPTER IV OF ORAL EVIDENCE. It covers Section 53: Facts admitted need not be proved.]\n\n53. Facts admitted need not be proved.—No fact needs to be proved in any proceeding which the\nparties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to\nadmit by any writing under their hands, or which by any rule of pleading in force at the time they are\ndeemed to have admitted by their pleadings:\nProvided that the Court may, in its discretion, require the facts admitted to be proved otherwise than\nby such admissions.", "section_number": "53", "section_title": "Facts admitted need not be proved", "chapter": "CHAPTER IV OF ORAL EVIDENCE", "act": "BSA 2023", "source_label": "Section 53, BSA 2023" }, { "chunk_id": "BSA_54", "text": "[Context: This section is from BSA 2023, CHAPTER IV OF ORAL EVIDENCE. It covers Section 54: Proof of facts by oral evidence.]\n\n54. Proof of facts by oral evidence.—All facts, except the contents of documents may be proved by\noral evidence.", "section_number": "54", "section_title": "Proof of facts by oral evidence", "chapter": "CHAPTER IV OF ORAL EVIDENCE", "act": "BSA 2023", "source_label": "Section 54, BSA 2023" }, { "chunk_id": "BSA_55", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 55: Oral evidence to be direct.]\n\n55. Oral evidence to be direct.—Oral evidence shall, in all cases whatever, be direct; if it refers\nto,—\n(i) a fact which could be seen, it must be the evidence of a witness who says he saw it;\n(ii) a fact which could be heard, it must be the evidence of a witness who says he heard it;\n(iii) a fact which could be perceived by any other sense or in any other manner, it must be the\nevidence of a witness who says he perceived it by that sense or in that manner;\n(iv) an opinion or to the grounds on which that opinion is held, it must be the evidence of the\nperson who holds that opinion on those grounds:\nProvided that the opinions of experts expressed in any treatise commonly offered for sale, and the\ngrounds on which such opinions are held, may be proved by the production of such treatises if the author\nis dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness\nwithout an amount of delay or expense which the Court regards as unreasonable:\nProvided further that, if oral evidence refers to the existence or condition of any material thing other\nthan a document, the Court may, if it thinks fit, require the production of such material thing for its\ninspection.", "section_number": "55", "section_title": "Oral evidence to be direct", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 55, BSA 2023" }, { "chunk_id": "BSA_56", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 56: Proof of contents of documents.]\n\n56. Proof of contents of documents.—The contents of documents may be proved either by primary\nor by secondary evidence.", "section_number": "56", "section_title": "Proof of contents of documents", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 56, BSA 2023" }, { "chunk_id": "BSA_57", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 57: Primary evidence.]\n\n57. Primary evidence.—Primary evidence means the document itself produced for the inspection of\nthe Court.\nExplanation 1.—Where a document is executed in several parts, each part is primary evidence of the\ndocument.\nExplanation 2.—Where a document is executed in counterpart, each counterpart being executed by\none or some of the parties only, each counterpart is primary evidence as against the parties executing it.\nExplanation 3.—Where a number of documents are all made by one uniform process, as in the case\nof printing, lithography or photography, each is primary evidence of the contents of the rest; but, where\nthey are all copies of a common original, they are not primary evidence of the contents of the original.\nExplanation 4.—Where an electronic or digital record is created or stored, and such storage occurs\nsimultaneously or sequentially in multiple files, each such file is primary evidence.\nExplanation 5.—Where an electronic or digital record is produced from proper custody, such\nelectronic and digital record is primary evidence unless it is disputed.\nExplanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted\nor broadcast or transferred to another, each of the stored recordings is primary evidence.\nExplanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a\ncomputer resource, each such automated storage, including temporary files, is primary evidence.\nIllustration.\nA person is shown to have been in possession of a number of placards, all printed at one time from\none original. Any one of the placards is primary evidence of the contents of any other, but no one of them\nis primary evidence of the contents of the original.", "section_number": "57", "section_title": "Primary evidence", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 57, BSA 2023" }, { "chunk_id": "BSA_58", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 58: Secondary evidence.]\n\n58. Secondary evidence.—Secondary evidence includes—\n(i) certified copies given under the provisions hereinafter contained;\n(ii) copies made from the original by mechanical processes which in themselves ensure the\naccuracy of the copy, and copies compared with such copies;\n(iii) copies made from or compared with the original;\n(iv) counterparts of documents as against the parties who did not execute them;\n(v) oral accounts of the contents of a document given by some person who has himself seen it;\n(vi) oral admissions;\n(vii) written admissions;\n(viii) evidence of a person who has examined a document, the original of which consists of\nnumerous accounts or other documents which cannot conveniently be examined in Court, and who is\nskilled in the examination of such documents.\nIllustrations.\n(a) A photograph of an original is secondary evidence of its contents, though the two have not been\ncompared, if it is proved that the thing photographed was the original.\n\n(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the\ncontents of the letter, if it is shown that the copy made by the copying machine was made from the\noriginal.\n(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary\nevidence; but the copy not so compared is not secondary evidence of the original, although the copy from\nwhich it was transcribed was compared with the original.\n(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph\nor machine-copy of the original, is secondary evidence of the original.", "section_number": "58", "section_title": "Secondary evidence", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 58, BSA 2023" }, { "chunk_id": "BSA_59", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 59: Proof of documents by primary evidence.]\n\n59. Proof of documents by primary evidence.— Documents shall be proved by primary\nevidence except in the cases hereinafter mentioned.", "section_number": "59", "section_title": "Proof of documents by primary evidence", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 59, BSA 2023" }, { "chunk_id": "BSA_60", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 60: Cases in which secondary evidence relating to documents may be given.]\n\n60. Cases in which secondary evidence relating to documents may be given.—Secondary\nevidence may be given of the existence, condition, or contents of a document in the following cases,\nnamely:—\n(a) when the original is shown or appears to be in the possession or power—\n(i) of the person against whom the document is sought to be proved; or\n(ii) of any person out of reach of, or not subject to, the process of the Court; or\n(iii) of any person legally bound to produce it,\nand when, after the notice mentioned in section 64 such person does not produce it;\n(b) when the existence, condition or contents of the original have been proved to be admitted in\nwriting by the person against whom it is proved or by his representative in interest;\n(c) when the original has been destroyed or lost, or when the party offering evidence of its\ncontents cannot, for any other reason not arising from his own default or neglect, produce it in\nreasonable time;\n(d) when the original is of such a nature as not to be easily movable;\n(e) when the original is a public document within the meaning of section 74;\n(f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or\nby any other law in force in India to be given in evidence;\n(g) when the originals consist of numerous accounts or other documents which cannot\nconveniently be examined in Court, and the fact to be proved is the general result of the whole\ncollection.\nExplanation.—For the purposes of—\n(i) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible;\n(ii) clause (b), the written admission is admissible;\n(iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is\nadmissible;\n(iv) clause (g), evidence may be given as to the general result of the documents by any person\nwho has examined them, and who is skilled in the examination of such document.", "section_number": "60", "section_title": "Cases in which secondary evidence relating to documents may be given", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 60, BSA 2023" }, { "chunk_id": "BSA_61", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 61: Electronic or digital record.]\n\n61. Electronic or digital record.—Nothing in this Adhiniyam shall apply to deny the\nadmissibility of an electronic or digital record in the evidence on the ground that it is an electronic or\ndigital record and such record shall, subject to section 63, have the same legal effect, validity and\nenforceability as other document.", "section_number": "61", "section_title": "Electronic or digital record", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 61, BSA 2023" }, { "chunk_id": "BSA_62", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 62: Special provisions as to evidence relating to electronic record.]\n\n62. Special provisions as to evidence relating to electronic record.—The contents of\nelectronic records may be proved in accordance with the provisions of section 63.", "section_number": "62", "section_title": "Special provisions as to evidence relating to electronic record", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 62, BSA 2023" }, { "chunk_id": "BSA_63", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 63: Admissibility of electronic records.]\n\n63. Admissibility of electronic records.—(1) Notwithstanding anything contained in this\nAdhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded\nor copied in optical or magnetic media or semiconductor memory which is produced by a computer or\nany communication device or otherwise stored, recorded or copied in any electronic form (hereinafter\nreferred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in\nthis section are satisfied in relation to the information and computer in question and shall be admissible in\nany proceedings, without further proof or production of the original, as evidence or any contents of the\noriginal or of any fact stated therein of which direct evidence would be admissible.\n(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the\nfollowing, namely:—\n(a) the computer output containing the information was produced by the computer or\ncommunication device during the period over which the computer or Communication device was\nused regularly to create, store or process information for the purposes of any activity regularly carried\non over that period by the person having lawful control over the use of the computer or\ncommunication device;\n(b) during the said period, information of the kind contained in the electronic record or of the\nkind from which the information so contained is derived was regularly fed into the computer or\nCommunication device in the ordinary course of the said activities;\n(c) throughout the material part of the said period, the computer or communication device was\noperating properly or, if not, then in respect of any period in which it was not operating properly or\nwas out of operation during that part of the period, was not such as to affect the electronic record or\nthe accuracy of its contents; and\n(d) the information contained in the electronic record reproduces or is derived from such\ninformation fed into the computer or Communication device in the ordinary course of the said\nactivities.\n(3) Where over any period, the function of creating, storing or processing information for the\npurposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2)\nwas regularly performed by means of one or more computers or communication device, whether—\n(a) in standalone mode; or\n(b) on a computer system; or\n(c) on a computer network; or\n(d) on a computer resource enabling information creation or providing information processing\nand storage; or\n(e) through an intermediary,\nall the computers or communication devices used for that purpose during that period shall be treated for\nthe purposes of this section as constituting a single computer or communication device; and references in\nthis section to a computer or communication device shall be construed accordingly.\n(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a\ncertificate doing any of the following things shall be submitted along with the electronic record at each\ninstance where it is being submitted for admission, namely:—\n(a) identifying the electronic record containing the statement and describing the manner in which\nit was produced;\n(b) giving such particulars of any device involved in the production of that electronic record as\nmay be appropriate for the purpose of showing that the electronic record was produced by a computer\nor a communication device referred to in clauses (a) to (e) of sub-section (3);\n(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,\n\nand purporting to be signed by a person in charge of the computer or communication device or the\nmanagement of the relevant activities (whichever is appropriate) and an expert shall be evidence of any\nmatter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to\nbe stated to the best of the knowledge and belief of the person stating it in the certificate specified in the\nSchedule.\n(5) For the purposes of this section,—\n(a) information shall be taken to be supplied to a computer or communication device if it is\nsupplied thereto in any appropriate form and whether it is so supplied directly or (with or without\nhuman intervention) by means of any appropriate equipment;\n(b) a computer output shall be taken to have been produced by a computer or communication\ndevice whether it was produced by it directly or (with or without human intervention) by means of\nany appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of\nsub-section (3).", "section_number": "63", "section_title": "Admissibility of electronic records", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 63, BSA 2023" }, { "chunk_id": "BSA_64", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 64: Rules as to notice to produce.]\n\n64. Rules as to notice to produce.—Secondary evidence of the contents of the documents referred to\nin clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence\nhas previously given to the party in whose possession or power the document is, or to his advocate or\nrepresentative, such notice to produce it as is prescribed by law; and if no notice is prescribed by law,\nthen such notice as the Court considers reasonable under the circumstances of the case:\nProvided that such notice shall not be required in order to render secondary evidence admissible in\nany of the following cases, or in any other case in which the Court thinks fit to dispense with it:—\n(a) when the document to be proved is itself a notice;\n(b) when, from the nature of the case, the adverse party must know that he will be required to\nproduce it;\n(c) when it appears or is proved that the adverse party has obtained possession of the original by\nfraud or force;\n(d) when the adverse party or his agent has the original in Court;\n(e) when the adverse party or his agent has admitted the loss of the document;\n(f) when the person in possession of the document is out of reach of, or not subject to, the process\nof the Court.", "section_number": "64", "section_title": "Rules as to notice to produce", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 64, BSA 2023" }, { "chunk_id": "BSA_65", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 65: Proof of signature and handwriting of person alleged to have signed or written document.]\n\n65. Proof of signature and handwriting of person alleged to have signed or written document\nproduced.—If a document is alleged to be signed or to have been written wholly or in part by any person,\nthe signature or the handwriting of so much of the document as is alleged to be in that person's\nhandwriting must be proved to be in his handwriting.", "section_number": "65", "section_title": "Proof of signature and handwriting of person alleged to have signed or written document", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 65, BSA 2023" }, { "chunk_id": "BSA_66", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 66: Proof as to electronic signature.]\n\n66. Proof as to electronic signature.—Except in the case of a secure electronic signature, if the\nelectronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that\nsuch electronic signature is the electronic signature of the subscriber must be proved.", "section_number": "66", "section_title": "Proof as to electronic signature", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 66, BSA 2023" }, { "chunk_id": "BSA_67", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 67: Proof of execution of document required by law to be attested.]\n\n67. Proof of execution of document required by law to be attested.—If a document is required by\nlaw to be attested, it shall not be used as evidence until one attesting witness at least has been called for the\npurpose of proving its execution, if there be an attesting witness alive, and subject to the process of the\nCourt and capable of giving evidence:\nProvided that it shall not be necessary to call an attesting witness in proof of the execution of any\ndocument, not being a will, which has been registered in accordance with the provisions of the Indian\nRegistration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been\nexecuted is specifically denied.", "section_number": "67", "section_title": "Proof of execution of document required by law to be attested", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 67, BSA 2023" }, { "chunk_id": "BSA_68", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 68: Proof where no attesting witness found.]\n\n68. Proof where no attesting witness found.—If no such attesting witness can be found, it must be\nproved that the attestation of one attesting witness at least is in his handwriting, and that the signature of\nthe person executing the document is in the handwriting of that person.", "section_number": "68", "section_title": "Proof where no attesting witness found", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 68, BSA 2023" }, { "chunk_id": "BSA_69", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 69: Admission of execution by party to attested document.]\n\n69. Admission of execution by party to attested document.—The admission of a party to an\nattested document of its execution by himself shall be sufficient proof of its execution as against him,\nthough it be a document required by law to be attested.", "section_number": "69", "section_title": "Admission of execution by party to attested document", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 69, BSA 2023" }, { "chunk_id": "BSA_70", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 70: Proof when attesting witness denies execution.]\n\n70. Proof when attesting witness denies execution.—If the attesting witness denies or does not\nrecollect the execution of the document, its execution may be proved by other evidence.", "section_number": "70", "section_title": "Proof when attesting witness denies execution", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 70, BSA 2023" }, { "chunk_id": "BSA_71", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 71: Proof of document not required by law to be attested.]\n\n71. Proof of document not required by law to be attested.—An attested document not required by\nlaw to be attested may be proved as if it was unattested.", "section_number": "71", "section_title": "Proof of document not required by law to be attested", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 71, BSA 2023" }, { "chunk_id": "BSA_72", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 72: Comparison of signature, writing or seal with others admitted or proved.]\n\n72. Comparison of signature, writing or seal with others admitted or proved.—(1) In order to\nascertain whether a signature, writing or seal is that of the person by whom it purports to have been\nwritten or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have\nbeen written or made by that person may be compared with the one which is to be proved, although that\nsignature, writing or seal has not been produced or proved for any other purpose.\n(2) The Court may direct any person present in Court to write any words or figures for the purpose of\nenabling the Court to compare the words or figures so written with any words or figures alleged to have\nbeen written by such person.\n(3) This section applies also, with any necessary modifications, to finger impressions.", "section_number": "72", "section_title": "Comparison of signature, writing or seal with others admitted or proved", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 72, BSA 2023" }, { "chunk_id": "BSA_73", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 73: Proof as to verification of digital signature.]\n\n73. Proof as to verification of digital signature.—In order to ascertain whether a digital signature is\nthat of the person by whom it purports to have been affixed, the Court may direct—\n(a) that person or the Controller or the Certifying Authority to produce the Digital Signature\nCertificate;\n(b) any other person to apply the public key listed in the Digital Signature Certificate and verify\nthe digital signature purported to have been affixed by that person.\nPublic documents", "section_number": "73", "section_title": "Proof as to verification of digital signature", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 73, BSA 2023" }, { "chunk_id": "BSA_74", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 74: Public and private documents.]\n\n74. Public and private documents.—(1) The following documents are public documents:—\n(a) documents forming the acts, or records of the acts—\n(i) of the sovereign authority;\n(ii) of official bodies and tribunals; and\n(iii) of public officers, legislative, judicial and executive of India or of a foreign country;\n(b) public records kept in any State or Union territory of private documents.\n(2) All other documents except the documents referred to in sub-section (1) are private.", "section_number": "74", "section_title": "Public and private documents", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 74, BSA 2023" }, { "chunk_id": "BSA_75", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 75: Certified copies of public documents.]\n\n75. Certified copies of public documents.—Every public officer having the custody of a public\ndocument, which any person has a right to inspect, shall give that person on demand a copy of it on\npayment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a\ntrue copy of such document or part thereof, as the case may be, and such certificate shall be dated and\nsubscribed by such officer with his name and his official title, and shall be sealed, whenever such officer\nis authorised by law to make use of a seal; and such copies so certified shall be called certified copies.\nExplanation.—Any officer who, by the ordinary course of official duty, is authorised to deliver such\ncopies, shall be deemed to have the custody of such documents within the meaning of this section.", "section_number": "75", "section_title": "Certified copies of public documents", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 75, BSA 2023" }, { "chunk_id": "BSA_76", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 76: Proof of documents by production of certified copies.]\n\n76. Proof of documents by production of certified copies.—Such certified copies may be produced\nin proof of the contents of the public documents or parts of the public documents of which they purport to\nbe copies.", "section_number": "76", "section_title": "Proof of documents by production of certified copies", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 76, BSA 2023" }, { "chunk_id": "BSA_77", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 77: Proof of other official documents.]\n\n77. Proof of other official documents.—The following public documents may be proved as\nfollows: —\n\n(a) Acts, orders or notifications of the Central Government in any of its Ministries and\nDepartments or of any State Government or any Department of any State Government or Union\nterritory Administration—\n(i) by the records of the Departments, certified by the head of those Departments\nrespectively; or\n(ii) by any document purporting to be printed by order of any such Government;\n(b) the proceedings of Parliament or a State Legislature, by the journals of those bodies\nrespectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the\nGovernment concerned;\n(c) proclamations, orders or Regulations issued by the President of India or the Governor of a\nState or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts\ncontained in the Official Gazette;\n(d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by\njournals published by their authority, or commonly received in that country as such, or by a copy\ncertified under the seal of the country or sovereign, or by a recognition thereof in any Central Act;\n(e) the proceedings of a municipal or local body in a State, by a copy of such proceedings,\ncertified by the legal keeper thereof, or by a printed book purporting to be published by the authority\nof such body;\n(f) public documents of any other class in a foreign country, by the original or by a copy certified\nby the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian\nConsul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of\nthe original, and upon proof of the character of the document according to the law of the foreign\ncountry.\nPresumptions as to documents", "section_number": "77", "section_title": "Proof of other official documents", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 77, BSA 2023" }, { "chunk_id": "BSA_78", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 78: Presumption as to genuineness of certified copies.]\n\n78. Presumption as to genuineness of certified copies.—(1) The Court shall presume to be genuine\nevery document purporting to be a certificate, certified copy or other document, which is by law declared\nto be admissible as evidence of any particular fact and which purports to be duly certified by any officer\nof the Central Government or of a State Government:\nProvided that such document is substantially in the form and purports to be executed in the manner\ndirected by law in that behalf.\n(2) The Court shall also presume that any officer by whom any such document purports to be signed\nor certified, held, when he signed it, the official character which he claims in such paper.", "section_number": "78", "section_title": "Presumption as to genuineness of certified copies", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 78, BSA 2023" }, { "chunk_id": "BSA_79", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 79: Presumption as to documents produced as record of evidence, etc.]\n\n79. Presumption as to documents produced as record of evidence, etc.—Whenever any document\nis produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of\nthe evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take\nsuch evidence or to be a statement or confession by any prisoner or accused person, taken in accordance\nwith law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the\nCourt shall presume that—\n(i) the document is genuine;\n(ii) any statements as to the circumstances under which it was taken, purporting to be made by\nthe person signing it, are true; and\n(iii) such evidence, statement or confession was duly taken.", "section_number": "79", "section_title": "Presumption as to documents produced as record of evidence, etc", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 79, BSA 2023" }, { "chunk_id": "BSA_80", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 80: Presumption as to Gazettes, newspapers, and other documents.]\n\n80. Presumption as to Gazettes, newspapers, and other documents.—The Court shall presume the\ngenuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and\n\nof every document purporting to be a document directed by any law to be kept by any person, if such\ndocument is kept substantially in the form required by law and is produced from proper custody.\nExplanation.—For the purposes of this section and section 92, document is said to be in proper\ncustody if it is in the place in which, and looked after by the person with whom such document is\nrequired to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the\ncircumstances of the particular case are such as to render that origin probable.", "section_number": "80", "section_title": "Presumption as to Gazettes, newspapers, and other documents", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 80, BSA 2023" }, { "chunk_id": "BSA_81", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 81: Presumption as to Gazettes in electronic or digital record.]\n\n81. Presumption as to Gazettes in electronic or digital record.—The Court shall presume the\ngenuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be\nelectronic or digital record directed by any law to be kept by any person, if such electronic or digital\nrecord is kept substantially in the form required by law and is produced from proper custody.\nExplanation.—For the purposes of this section and section 93 electronic records are said to be in\nproper custody if they are in the place in which, and looked after by the person with whom such\ndocument is required to be kept; but no custody is improper if it is proved to have had a legitimate origin,\nor the circumstances of the particular case are such as to render that origin probable.", "section_number": "81", "section_title": "Presumption as to Gazettes in electronic or digital record", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 81, BSA 2023" }, { "chunk_id": "BSA_82", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 82: Presumption as to maps or plans made by authority of Government.]\n\n82. Presumption as to maps or plans made by authority of Government.—The Court shall\npresume that maps or plans purporting to be made by the authority of the Central Government or any\nState Government were so made, and are accurate; but maps or plans made for the purposes of any cause\nmust be proved to be accurate.", "section_number": "82", "section_title": "Presumption as to maps or plans made by authority of Government", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 82, BSA 2023" }, { "chunk_id": "BSA_83", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 83: Presumption as to collections of laws and reports of decisions.]\n\n83. Presumption as to collections of laws and reports of decisions.—The Court shall presume the\ngenuineness of, every book purporting to be printed or published under the authority of the Government\nof any country, and to contain any of the laws of that country, and of every book purporting to contain\nreports of decisions of the Courts of such country.", "section_number": "83", "section_title": "Presumption as to collections of laws and reports of decisions", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 83, BSA 2023" }, { "chunk_id": "BSA_84", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 84: Presumption as to powers-of-attorney.]\n\n84. Presumption as to powers-of-attorney.—The Court shall presume that every document\npurporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary\nPublic, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central\nGovernment, was so executed and authenticated.", "section_number": "84", "section_title": "Presumption as to powers-of-attorney", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 84, BSA 2023" }, { "chunk_id": "BSA_85", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 85: Presumption as to electronic agreements.]\n\n85. Presumption as to electronic agreements.—The Court shall presume that every electronic\nrecord purporting to be an agreement containing the electronic or digital signature of the parties was so\nconcluded by affixing the electronic or digital signature of the parties.", "section_number": "85", "section_title": "Presumption as to electronic agreements", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 85, BSA 2023" }, { "chunk_id": "BSA_86", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 86: Presumption as to electronic records and electronic signatures.]\n\n86. Presumption as to electronic records and electronic signatures.—(1) In any proceeding\ninvolving a secure electronic record, the Court shall presume unless contrary is proved, that the secure\nelectronic record has not been altered since the specific point of time to which the secure status relates.\n(2) In any proceeding, involving secure electronic signature, the Court shall presume unless the\ncontrary is proved that—\n(a) the secure electronic signature is affixed by subscriber with the intention of signing or\napproving the electronic record;\n(b) except in the case of a secure electronic record or a secure electronic signature, nothing in this\nsection shall create any presumption, relating to authenticity and integrity of the electronic record or\nany electronic signature.", "section_number": "86", "section_title": "Presumption as to electronic records and electronic signatures", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 86, BSA 2023" }, { "chunk_id": "BSA_87", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 87: Presumption as to Electronic Signature Certificates.]\n\n87. Presumption as to Electronic Signature Certificates.—The Court shall presume, unless\ncontrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for\ninformation specified as subscriber information which has not been verified, if the certificate was\naccepted by the subscriber.", "section_number": "87", "section_title": "Presumption as to Electronic Signature Certificates", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 87, BSA 2023" }, { "chunk_id": "BSA_88", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 88: Presumption as to certified copies of foreign judicial records.]\n\n88. Presumption as to certified copies of foreign judicial records.—(1) The Court may presume\nthat any document purporting to be a certified copy of any judicial record of any country beyond India is\ngenuine and accurate, if the document purports to be certified in any manner which is certified by any\nrepresentative of the Central Government in or for such country to be the manner commonly in use in that\ncountry for the certification of copies of judicial records.\n\n(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as\ndefined in clause (43) of section 3 of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes\nof this section, be deemed to be a representative of the Central Government in and for the country\ncomprising that territory or place.", "section_number": "88", "section_title": "Presumption as to certified copies of foreign judicial records", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 88, BSA 2023" }, { "chunk_id": "BSA_89", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 89: Presumption as to books, maps and charts.]\n\n89. Presumption as to books, maps and charts.—The Court may presume that any book to which it\nmay refer for information on matters of public or general interest, and that any published map or chart,\nthe statements of which are relevant facts, and which is produced for its inspection, was written and\npublished by the person, and at the time and place, by whom or at which it purports to have been written\nor published.", "section_number": "89", "section_title": "Presumption as to books, maps and charts", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 89, BSA 2023" }, { "chunk_id": "BSA_90", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 90: Presumption as to electronic messages.]\n\n90. Presumption as to electronic messages.—The Court may presume that an electronic message,\nforwarded by the originator through an electronic mail server to the addressee to whom the message\npurports to be addressed corresponds with the message as fed into his computer for transmission; but the\nCourt shall not make any presumption as to the person by whom such message was sent.", "section_number": "90", "section_title": "Presumption as to electronic messages", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 90, BSA 2023" }, { "chunk_id": "BSA_91", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 91: Presumption as to due execution, etc., of documents not produced.]\n\n91. Presumption as to due execution, etc., of documents not produced.—The Court shall presume\nthat every document, called for and not produced after notice to produce, was attested, stamped and\nexecuted in the manner required by law.", "section_number": "91", "section_title": "Presumption as to due execution, etc., of documents not produced", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 91, BSA 2023" }, { "chunk_id": "BSA_92", "text": "[Context: This section is from BSA 2023, CHAPTER V OF DOCUMENTARY EVIDENCE. It covers Section 92: Presumption as to documents thirty years old.]\n\n92. Presumption as to documents thirty years old.—Where any document, purporting or proved to\nbe thirty years old, is produced from any custody which the Court in the particular case considers proper,\nthe Court may presume that the signature and every other part of such document, which purports to be in\nthe handwriting of any particular person, is in that person’s handwriting, and, in the case of a document\nexecuted or attested, that it was duly executed and attested by the persons by whom it purports to be\nexecuted and attested.\nExplanation.—The Explanation to section 80 shall also apply to this section.\nIllustrations.\n(a) A has been in possession of landed property for a long time. He produces from his custody deeds\nrelating to the land showing his titles to it. The custody shall be proper.\n(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in\npossession. The custody shall be proper.\n(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited\nwith him by B for safe custody. The custody shall be proper.", "section_number": "92", "section_title": "Presumption as to documents thirty years old", "chapter": "CHAPTER V OF DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 92, BSA 2023" }, { "chunk_id": "BSA_93", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 93: Presumption as to electronic records five years old.]\n\n93. Presumption as to electronic records five years old.—Where any electronic record, purporting\nor proved to be five years old, is produced from any custody which the Court in the particular case\nconsiders proper, the Court may presume that the electronic signature which purports to be the electronic\nsignature of any particular person was so affixed by him or any person authorised by him in this behalf.\nExplanation.—The Explanation to section 81 shall also apply to this section.", "section_number": "93", "section_title": "Presumption as to electronic records five years old", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 93, BSA 2023" }, { "chunk_id": "BSA_94", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of.]\n\n94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of\ndocument.—When the terms of a contract, or of a grant, or of any other disposition of property, have\nbeen reduced to the form of a document, and in all cases in which any matter is required by law to be\nreduced to the form of a document, no evidence shall be given in proof of the terms of such contract,\ngrant or other disposition of property, or of such matter, except the document itself, or secondary\nevidence of its contents in cases in which secondary evidence is admissible under the provisions\nhereinbefore contained.\nException 1.—When a public officer is required by law to be appointed in writing, and when it is\nshown that any particular person has acted as such officer, the writing by which he is appointed need not\nbe proved.\n\nException 2.—Wills admitted to probate in India may be proved by the probate.\nExplanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of\nproperty referred to are contained in one document, and to cases in which they are contained in more\ndocuments than one.\nExplanation 2.—Where there are more originals than one, one original only need be proved.\nExplanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in\nthis section, shall not preclude the admission of oral evidence as to the same fact.\nIllustrations.\n(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.\n(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.\n(c) If a bill of exchange is drawn in a set of three, one only need be proved.\n(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract\nmentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion.\nOral evidence is offered that no payment was made for the other indigo. The evidence is admissible.\n(e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is\nadmissible.", "section_number": "94", "section_title": "Evidence of terms of contracts, grants and other dispositions of property reduced to form of", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 94, BSA 2023" }, { "chunk_id": "BSA_95", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 95: Exclusion of evidence of oral agreement.]\n\n95. Exclusion of evidence of oral agreement.—When the terms of any such contract, grant or other\ndisposition of property, or any matter required by law to be reduced to the form of a document, have been\nproved according to section 94, no evidence of any oral agreement or statement shall be admitted, as\nbetween the parties to any such instrument or their representatives in interest, for the purpose of\ncontradicting, varying, adding to, or subtracting from, its terms:\nProvided that any fact may be proved which would invalidate any document, or which would entitle\nany person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due\nexecution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact\nor law:\nProvided further that the existence of any separate oral agreement as to any matter on which a\ndocument is silent, and which is not inconsistent with its terms, may be proved. In considering whether or\nnot this proviso applies, the Court shall have regard to the degree of formality of the document:\nProvided also that the existence of any separate oral agreement, constituting a condition precedent to\nthe attaching of any obligation under any such contract, grant or disposition of property, may be proved:\nProvided also that the existence of any distinct subsequent oral agreement to rescind or modify any\nsuch contract, grant or disposition of property, may be proved, except in cases in which such contract,\ngrant or disposition of property is by law required to be in writing, or has been registered according to the\nlaw in force for the time being as to the registration of documents:\nProvided also that any usage or custom by which incidents not expressly mentioned in any contract\nare usually annexed to contracts of that description, may be proved:\nProvided also that the annexing of such incident would not be repugnant to, or inconsistent with, the\nexpress terms of the contract:\nProvided also that any fact may be proved which shows in what manner the language of a document\nis related to existing facts.\nIllustrations.\n(a) A policy of insurance is effected on goods “in ships from Kolkata to Visakhapatnam”. The goods\nare shipped in a particular ship which is lost. The fact that particular ship was orally excepted from the\npolicy, cannot be proved.\n\n(b) A agrees absolutely in writing to pay B one thousand rupees on the 1st March, 2023. The fact\nthat, at the same time, an oral agreement was made that the money should not be paid till the 31st March,\n2023, cannot be proved.\n(c) An estate called “the Rampur tea estate” is sold by a deed which contains a map of the property\nsold. The fact that land not included in the map had always been regarded as part of the estate and was\nmeant to pass by the deed cannot be proved.\n(d) A enters into a written contract with B to work certain mines, the property of B, upon certain\nterms. A was induced to do so by a misrepresentation of B's as to their value. This fact may be proved.\n(e) A institutes a suit against B for the specific performance of a contract, and also prays that the\ncontract may be reformed as to one of its provisions, as that provision was inserted in it by mistake. A\nmay prove that such a mistake was made as would by law entitle him to have the contract reformed.\n(f) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the\ngoods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term\nstill unexpired.\n(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words— “Bought\nof A a horse for thirty thousand rupees”. B may prove the verbal warranty.\n(h) A hires lodgings of B, and gives B a card on which is written— “Rooms, ten thousand rupees a\nmonth”. A may prove a verbal agreement that these terms were to include partial board. A hires lodging\nof B for a year, and a regularly stamped agreement, drawn up by an advocate, is made between them. It is\nsilent on the subject of board. A may not prove that board was included in the term verbally.\n(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does\nnot send the money. In a suit for the amount, A may prove this.\n(j) A and B make a contract in writing to take effect upon the happening of a certain contingency.\nThe writing is left with B who sues A upon it. A may show the circumstances under which it was\ndelivered.", "section_number": "95", "section_title": "Exclusion of evidence of oral agreement", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 95, BSA 2023" }, { "chunk_id": "BSA_96", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 96: Exclusion of evidence to explain or amend ambiguous document.]\n\n96. Exclusion of evidence to explain or amend ambiguous document.—When the language used\nin a document is, on its face, ambiguous or defective, evidence may not be given of facts which would\nshow its meaning or supply its defects.\nIllustrations.\n(a) A agrees, in writing, to sell a horse to B for “one lakh rupees or one lakh fifty thousand rupees”.\nEvidence cannot be given to show which price was to be given.\n(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were\nmeant to be filled.", "section_number": "96", "section_title": "Exclusion of evidence to explain or amend ambiguous document", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 96, BSA 2023" }, { "chunk_id": "BSA_97", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 97: Exclusion of evidence against application of document to existing facts.]\n\n97. Exclusion of evidence against application of document to existing facts.—When language\nused in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be\ngiven to show that it was not meant to apply to such facts.\nIllustration.\nA sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at\nRampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be\nsold was one situated at a different place and of a different size.", "section_number": "97", "section_title": "Exclusion of evidence against application of document to existing facts", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 97, BSA 2023" }, { "chunk_id": "BSA_98", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 98: Evidence as to document unmeaning in reference to existing facts.]\n\n98. Evidence as to document unmeaning in reference to existing facts.—When language used in a\ndocument is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to\nshow that it was used in a peculiar sense.\n\nIllustration.\nA sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a\nhouse at Howrah, of which B had been in possession since the execution of the deed. These facts may be\nproved to show that the deed related to the house at Howrah.", "section_number": "98", "section_title": "Evidence as to document unmeaning in reference to existing facts", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 98, BSA 2023" }, { "chunk_id": "BSA_99", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 99: Evidence as to application of language which can apply to one only of several persons.]\n\n99. Evidence as to application of language which can apply to one only of several persons.—\nWhen the facts are such that the language used might have been meant to apply to any one, and could not\nhave been meant to apply to more than one, of several persons or things, evidence may be given of facts\nwhich show which of those persons or things it was intended to apply to.\nIllustrations.\n(a) A agrees to sell to B, for one thousand rupees, “my white horse”. A has two white horses.\nEvidence may be given of facts which show which of them was meant.\n(b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh\nin Rajasthan or Ramgarh in Uttarakhand was meant.", "section_number": "99", "section_title": "Evidence as to application of language which can apply to one only of several persons", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 99, BSA 2023" }, { "chunk_id": "BSA_100", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 100: Evidence as to application of language to one of two sets of facts, to neither of which the.]\n\n100. Evidence as to application of language to one of two sets of facts, to neither of which the\nwhole correctly applies.—When the language used applies partly to one set of existing facts, and partly\nto another set of existing facts, but the whole of it does not apply correctly to either, evidence may be\ngiven to show to which of the two it was meant to apply.\nIllustration.\nA agrees to sell to B “my land at X in the occupation of Y”. A has land at X, but not in the\noccupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts\nshowing which he meant to sell.", "section_number": "100", "section_title": "Evidence as to application of language to one of two sets of facts, to neither of which the", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 100, BSA 2023" }, { "chunk_id": "BSA_101", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 101: Evidence as to meaning of illegible characters, etc.]\n\n101. Evidence as to meaning of illegible characters, etc.—Evidence may be given to show the\nmeaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and\nregional expressions, of abbreviations and of words used in a peculiar sense.\nIllustration.\nA, sculptor, agrees to sell to B, “all my mods”. A has both models and modelling tools. Evidence\nmay be given to show which he meant to sell.", "section_number": "101", "section_title": "Evidence as to meaning of illegible characters, etc", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 101, BSA 2023" }, { "chunk_id": "BSA_102", "text": "[Context: This section is from BSA 2023, CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE. It covers Section 102: Who may give evidence of agreement varying terms of document.]\n\n102. Who may give evidence of agreement varying terms of document.—Persons who are not\nparties to a document, or their representatives in interest, may give evidence of any facts tending to show\na contemporaneous agreement varying the terms of the document.\nIllustration.\nA and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At\nthe same time, they make an oral agreement that three months’ credit shall be given to A. This could not\nbe shown as between A and B, but it might be shown by C, if it affected his interests.", "section_number": "102", "section_title": "Who may give evidence of agreement varying terms of document", "chapter": "CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE", "act": "BSA 2023", "source_label": "Section 102, BSA 2023" }, { "chunk_id": "BSA_103", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 103: Saving of provisions of Indian Succession Act relating to wills.]\n\n103. Saving of provisions of Indian Succession Act relating to wills.—Nothing in this Chapter\nshall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the\nconstruction of wills.\nPART IV\nPRODUCTION AND EFFECT OF EVIDENCE", "section_number": "103", "section_title": "Saving of provisions of Indian Succession Act relating to wills", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 103, BSA 2023" }, { "chunk_id": "BSA_104", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 104: Burden of proof.]\n\n104. Burden of proof.—Whoever desires any Court to give judgment as to any legal right or liability\ndependent on the existence of facts which he asserts must prove that those facts exist, and when a person\nis bound to prove the existence of any fact, it is said that the burden of proof lies on that person.\n\nIllustrations.\n(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has\ncommitted. A must prove that B has committed the crime.\n(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by\nreason of facts which he asserts, and which B denies, to be true. A must prove the existence of those\nfacts.", "section_number": "104", "section_title": "Burden of proof", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 104, BSA 2023" }, { "chunk_id": "BSA_105", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 105: On whom burden of proof lies.]\n\n105. On whom burden of proof lies.—The burden of proof in a suit or proceeding lies on that\nperson who would fail if no evidence at all were given on either side.\nIllustrations.\n(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of\nC, B's father. If no evidence were given on either side, B would be entitled to retain his possession.\nTherefore, the burden of proof is on A.\n(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was\nobtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the\nbond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.", "section_number": "105", "section_title": "On whom burden of proof lies", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 105, BSA 2023" }, { "chunk_id": "BSA_106", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 106: Burden of proof as to particular fact.]\n\n106. Burden of proof as to particular fact.—The burden of proof as to any particular fact lies on\nthat person who wishes the Court to believe in its existence, unless it is provided by any law that the\nproof of that fact shall lie on any particular person.\nIllustration.\nA prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove\nthe admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must\nprove it.", "section_number": "106", "section_title": "Burden of proof as to particular fact", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 106, BSA 2023" }, { "chunk_id": "BSA_107", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 107: Burden of proving fact to be proved to make evidence admissible.]\n\n107. Burden of proving fact to be proved to make evidence admissible.—The burden of proving\nany fact necessary to be proved in order to enable any person to give evidence of any other fact is on the\nperson who wishes to give such evidence.\nIllustrations.\n(a) A wishes to prove a dying declaration by B. A must prove B's death.\n(b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the\ndocument has been lost.", "section_number": "107", "section_title": "Burden of proving fact to be proved to make evidence admissible", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 107, BSA 2023" }, { "chunk_id": "BSA_108", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 108: Burden of proving that case of accused comes within exceptions.]\n\n108. Burden of proving that case of accused comes within exceptions.—When a person is accused\nof any offence, the burden of proving the existence of circumstances bringing the case within any of the\nGeneral Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso\ncontained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the\nCourt shall presume the absence of such circumstances.\nIllustrations.\n(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature\nof the act. The burden of proof is on A.\n(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the\npower of self-control. The burden of proof is on A.\n(c) Section 117 of the Bharatiya Nyaya Sanhita, 2023 provides that whoever, except in the case\nprovided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be subject to certain\npunishments. A is charged with voluntarily causing grievous hurt under section 117. The burden of\nproving the circumstances bringing the case under sub-section (2) of section 122 lies on A.", "section_number": "108", "section_title": "Burden of proving that case of accused comes within exceptions", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 108, BSA 2023" }, { "chunk_id": "BSA_109", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 109: Burden of proving fact especially within knowledge.]\n\n109. Burden of proving fact especially within knowledge.—When any fact is especially within the\nknowledge of any person, the burden of proving that fact is upon him.\nIllustrations.\n(a) When a person does an act with some intention other than that which the character and\ncircumstances of the act suggest, the burden of proving that intention is upon him.\n(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a\nticket is on him.", "section_number": "109", "section_title": "Burden of proving fact especially within knowledge", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 109, BSA 2023" }, { "chunk_id": "BSA_110", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 110: Burden of proving death of person known to have been alive within thirty years.]\n\n110. Burden of proving death of person known to have been alive within thirty years.—When\nthe question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the\nburden of proving that he is dead is on the person who affirms it.", "section_number": "110", "section_title": "Burden of proving death of person known to have been alive within thirty years", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 110, BSA 2023" }, { "chunk_id": "BSA_111", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 111: Burden of proving that person is alive who has not been heard of for seven years.]\n\n111. Burden of proving that person is alive who has not been heard of for seven years.—When\nthe question is whether a man is alive or dead, and it is proved that he has not been heard of for seven\nyears by those who would naturally have heard of him if he had been alive, the burden of proving that he\nis alive is shifted to the person who affirms it.", "section_number": "111", "section_title": "Burden of proving that person is alive who has not been heard of for seven years", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 111, BSA 2023" }, { "chunk_id": "BSA_112", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal.]\n\n112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal\nand agent.—When the question is whether persons are partners, landlord and tenant, or principal and\nagent, and it has been shown that they have been acting as such, the burden of proving that they do not\nstand, or have ceased to stand, to each other in those relationships respectively, is on the person who\naffirms it.", "section_number": "112", "section_title": "Burden of proof as to relationship in the cases of partners, landlord and tenant, principal", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 112, BSA 2023" }, { "chunk_id": "BSA_113", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 113: Burden of proof as to ownership.]\n\n113. Burden of proof as to ownership.—When the question is whether any person is owner of\nanything of which he is shown to be in possession, the burden of proving that he is not the owner is on\nthe person who affirms that he is not the owner.", "section_number": "113", "section_title": "Burden of proof as to ownership", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 113, BSA 2023" }, { "chunk_id": "BSA_114", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 114: Proof of good faith in transactions where one party is in relation of active confidence.]\n\n114. Proof of good faith in transactions where one party is in relation of active confidence.—\nWhere there is a question as to the good faith of a transaction between parties, one of whom stands to the\nother in a position of active confidence, the burden of proving the good faith of the transaction is on the\nparty who is in a position of active confidence.\nIllustrations.\n(a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client.\nThe burden of proving the good faith of the transaction is on the advocate.\n(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the\nson. The burden of proving the good faith of the transaction is on the father.", "section_number": "114", "section_title": "Proof of good faith in transactions where one party is in relation of active confidence", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 114, BSA 2023" }, { "chunk_id": "BSA_115", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 115: Presumption as to certain offences.]\n\n115. Presumption as to certain offences.—(1) Where a person is accused of having committed any\noffence specified in sub-section (2), in—\n(a) any area declared to be a disturbed area under any enactment for the time being in force,\nmaking provision for the suppression of disorder and restoration and maintenance of public order; or\n(b) any area in which there has been, over a period of more than one month, extensive\ndisturbance of the public peace,\nand it is shown that such person had been at a place in such area at a time when firearms or explosives\nwere used at or from that place to attack or resist the members of any armed forces or the forces charged\nwith the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless\nthe contrary is shown, that such person had committed such offence.\n(2) The offences referred to in sub-section (1) are the following, namely:—\n(a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya\nSanhita, 2023;\n(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section\n149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.", "section_number": "115", "section_title": "Presumption as to certain offences", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 115, BSA 2023" }, { "chunk_id": "BSA_116", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 116: Birth during marriage, conclusive proof of legitimacy.]\n\n116. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born\nduring the continuance of a valid marriage between his mother and any man, or within two hundred and\neighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the\nlegitimate child of that man, unless it can be shown that the parties to the marriage had no access to each\nother at any time when he could have been begotten.", "section_number": "116", "section_title": "Birth during marriage, conclusive proof of legitimacy", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 116, BSA 2023" }, { "chunk_id": "BSA_117", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 117: Presumption as to abetment of suicide by a married woman.]\n\n117. Presumption as to abetment of suicide by a married woman.—When the question is whether\nthe commission of suicide by a woman had been abetted by her husband or any relative of her husband\nand it is shown that she had committed suicide within a period of seven years from the date of her\nmarriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may\npresume, having regard to all the other circumstances of the case, that such suicide had been abetted by\nher husband or by such relative of her husband.\nExplanation.—For the purposes of this section, “cruelty” shall have the same meaning as in\nsection 86 of the Bharatiya Nyaya Sanhita, 2023.", "section_number": "117", "section_title": "Presumption as to abetment of suicide by a married woman", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 117, BSA 2023" }, { "chunk_id": "BSA_118", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 118: Presumption as to dowry death.]\n\n118. Presumption as to dowry death.—When the question is whether a person has committed the\ndowry death of a woman and it is shown that soon before her death, such woman had been subjected by\nsuch person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall\npresume that such person had caused the dowry death.\nExplanation.—For the purposes of this section, “dowry death” shall have the same meaning as\nin section 80 of the Bharatiya Nyaya Sanhita, 2023.", "section_number": "118", "section_title": "Presumption as to dowry death", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 118, BSA 2023" }, { "chunk_id": "BSA_119", "text": "[Context: This section is from BSA 2023, CHAPTER VII OF THE BURDEN OF PROOF. It covers Section 119: Court may presume existence of certain facts.]\n\n119. Court may presume existence of certain facts.—(1) The Court may presume the existence of\nany fact which it thinks likely to have happened, regard being had to the common course of natural\nevents, human conduct and public and private business, in their relation to the facts of the particular case.\nIllustrations.\nThe Court may presume that—\n(a) a man who is in possession of stolen goods soon, after the theft is either the thief or has\nreceived the goods knowing them to be stolen, unless he can account for his possession;\n(b) an accomplice is unworthy of credit, unless he is corroborated in material particulars;\n(c) a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration;\n(d) a thing or state of things which has been shown to be in existence within a period shorter than\nthat within which such things or state of things usually cease to exist, is still in existence;\n(e) judicial and official acts have been regularly performed;\n(f) the common course of business has been followed in particular cases;\n(g) evidence which could be and is not produced would, if produced, be unfavourable to the\nperson who withholds it;\n(h) if a man refuses to answer a question which he is not compelled to answer by law, the answer,\nif given, would be unfavourable to him;\n(i) when a document creating an obligation is in the hands of the obligor, the obligation has been\ndischarged.\n(2) The Court shall also have regard to such facts as the following, in considering whether such\nmaxims do or do not apply to the particular case before it:—\n(i) as to Illustration (a)—a shop-keeper has in his bill a marked rupee soon after it was stolen,\nand cannot account for its possession specifically, but is continually receiving rupees in the course of\nhis business;\n\n(ii) as to Illustration (b) —A, a person of the highest character, is tried for causing a man's death\nby an act of negligence in arranging certain machinery. B, a person of equally good character, who\nalso took part in the arrangement, describes precisely what was done, and admits and explains the\ncommon carelessness of A and himself;\n(iii) as to Illustration (b) —a crime is committed by several persons. A, B and C, three of the\ncriminals, are captured on the spot and kept apart from each other. Each gives an account of the crime\nimplicating D, and the accounts corroborate each other in such a manner as to render previous\nconcert highly improbable;\n(iv) as to Illustration (c)—A, the drawer of a bill of exchange, was a man of business. B, the\nacceptor, was a young and ignorant person, completely under A's influence;\n(v) as to Illustration (d)—it is proved that a river ran in a certain course five years ago, but it is\nknown that there have been floods since that time which might change its course;\n(vi) as to Illustration (e)—a judicial act, the regularity of which is in question, was performed\nunder exceptional circumstances;\n(vii) as to Illustration (f)—the question is, whether a letter was received. It is shown to have been\nposted, but the usual course of the post was interrupted by disturbances;\n(viii) as to Illustration (g)—a man refuses to produce a document which would bear on a contract\nof small importance on which he is sued, but which might also injure the feelings and reputation of\nhis family;\n(ix) as to Illustration (h)—a man refuses to answer a question which he is not compelled by law\nto answer, but the answer to it might cause loss to him in matters unconnected with the matter in\nrelation to which it is asked;\n(x) as to Illustration (i)—a bond is in possession of the obligor, but the circumstances of the case\nare such that he may have stolen it.", "section_number": "119", "section_title": "Court may presume existence of certain facts", "chapter": "CHAPTER VII OF THE BURDEN OF PROOF", "act": "BSA 2023", "source_label": "Section 119, BSA 2023" }, { "chunk_id": "BSA_120", "text": "[Context: This section is from BSA 2023, CHAPTER VIII ESTOPPEL. It covers Section 120: Presumption as to absence of consent in certain prosecution for rape.]\n\n120. Presumption as to absence of consent in certain prosecution for rape.—In a prosecution for\nrape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse\nby the accused is proved and the question is whether it was without the consent of the woman alleged to\nhave been raped and such woman states in her evidence before the Court that she did not consent, the\nCourt shall presume that she did not consent.\nExplanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in\nsection 63 of the Bharatiya Nyaya Sanhita, 2023.", "section_number": "120", "section_title": "Presumption as to absence of consent in certain prosecution for rape", "chapter": "CHAPTER VIII ESTOPPEL", "act": "BSA 2023", "source_label": "Section 120, BSA 2023" }, { "chunk_id": "BSA_121", "text": "[Context: This section is from BSA 2023, CHAPTER VIII ESTOPPEL permitted another person to believe a thing to be true and to act upon such belief, neither he nor his. It covers Section 121: Estoppel.]\n\n121. Estoppel.—When one person has, by his declaration, act or omission, intentionally caused or\nrepresentative shall be allowed, in any suit or proceeding between himself and such person or his\nrepresentative, to deny the truth of that thing.\nIllustration.\nA intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to\nbuy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on\nthe ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.", "section_number": "121", "section_title": "Estoppel", "chapter": "CHAPTER VIII ESTOPPEL permitted another person to believe a thing to be true and to act upon such belief, neither he nor his", "act": "BSA 2023", "source_label": "Section 121, BSA 2023" }, { "chunk_id": "BSA_122", "text": "[Context: This section is from BSA 2023, CHAPTER VIII ESTOPPEL permitted another person to believe a thing to be true and to act upon such belief, neither he nor his. It covers Section 122: Estoppel of tenant and of licensee of person in possession.]\n\n122. Estoppel of tenant and of licensee of person in possession.—No tenant of immovable\nproperty, or person claiming through such tenant, shall, during the continuance of the tenancy or any time\nthereafter, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a\ntitle to such immovable property; and no person who came upon any immovable property by the licence\nof the person in possession thereof shall be permitted to deny that such person had a title to such\npossession at the time when such licence was given.", "section_number": "122", "section_title": "Estoppel of tenant and of licensee of person in possession", "chapter": "CHAPTER VIII ESTOPPEL permitted another person to believe a thing to be true and to act upon such belief, neither he nor his", "act": "BSA 2023", "source_label": "Section 122, BSA 2023" }, { "chunk_id": "BSA_123", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 123: Estoppel of acceptor of bill of exchange, bailee or licensee.]\n\n123. Estoppel of acceptor of bill of exchange, bailee or licensee.—No acceptor of a bill of\nexchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor\nshall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the\nbailment or licence commenced, authority to make such bailment or grant such licence.\nExplanation 1.—The acceptor of a bill of exchange may deny that the bill was really drawn by the\nperson by whom it purports to have been drawn.\nExplanation 2.—If a bailee delivers the goods bailed to a person other than the bailor, he may prove\nthat such person had a right to them as against the bailor.", "section_number": "123", "section_title": "Estoppel of acceptor of bill of exchange, bailee or licensee", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 123, BSA 2023" }, { "chunk_id": "BSA_124", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 124: Who may testify.]\n\n124. Who may testify.—All persons shall be competent to testify unless the Court considers that\nthey are prevented from understanding the questions put to them, or from giving rational answers to those\nquestions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the\nsame kind.\nExplanation.—A person of unsound mind is not incompetent to testify, unless he is prevented by his\nunsoundness of mind from understanding the questions put to him and giving rational answers to them.", "section_number": "124", "section_title": "Who may testify", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 124, BSA 2023" }, { "chunk_id": "BSA_125", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 125: Witness unable to communicate verbally.]\n\n125. Witness unable to communicate verbally.—A witness who is unable to speak may give his\nevidence in any other manner in which he can make it intelligible, as by writing or by signs; but such\nwriting must be written and the signs made in open Court and evidence so given shall be deemed to be\noral evidence:\nProvided that if the witness is unable to communicate verbally, the Court shall take the assistance of\nan interpreter or a special educator in recording the statement, and such statement shall be videographed.", "section_number": "125", "section_title": "Witness unable to communicate verbally", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 125, BSA 2023" }, { "chunk_id": "BSA_126", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 126: Competency of husband and wife as witnesses in certain cases.]\n\n126. Competency of husband and wife as witnesses in certain cases.—(1) In all civil proceedings\nthe parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.\n(2) In criminal proceedings against any person, the husband or wife of such person, respectively,\nshall be a competent witness.", "section_number": "126", "section_title": "Competency of husband and wife as witnesses in certain cases", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 126, BSA 2023" }, { "chunk_id": "BSA_127", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 127: Judges and Magistrates.]\n\n127. Judges and Magistrates.—No Judge or Magistrate shall, except upon the special order of some\nCourt to which he is subordinate, be compelled to answer any question as to his own conduct in Court as\nsuch Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or\nMagistrate; but he may be examined as to other matters which occurred in his presence whilst he was so\nacting.\nIllustrations.\n(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the\nMagistrate. B cannot be compelled to answer questions as to this, except upon the special order of a\nsuperior Court.\n(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B\ncannot be asked what A said, except upon the special order of the superior Court.\n(c) A is accused before the Court of Session of attempting to murder a police officer whilst on his\ntrial before B, a Sessions Judge. B may be examined as to what occurred.", "section_number": "127", "section_title": "Judges and Magistrates", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 127, BSA 2023" }, { "chunk_id": "BSA_128", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 128: Communications during marriage.]\n\n128. Communications during marriage.—No person who is or has been married, shall be\ncompelled to disclose any communication made to him during marriage by any person to whom he is or\nhas been married; nor shall he be permitted to disclose any such communication, unless the person who\nmade it, or his representative in interest, consents, except in suits between married persons, or\nproceedings in which one married person is prosecuted for any crime committed against the other.", "section_number": "128", "section_title": "Communications during marriage", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 128, BSA 2023" }, { "chunk_id": "BSA_129", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 129: Evidence as to affairs of State.]\n\n129. Evidence as to affairs of State.—No one shall be permitted to give any evidence derived from\nunpublished official records relating to any affairs of State, except with the permission of the officer at\nthe head of the department concerned, who shall give or withhold such permission as he thinks fit.", "section_number": "129", "section_title": "Evidence as to affairs of State", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 129, BSA 2023" }, { "chunk_id": "BSA_130", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 130: Official communications.]\n\n130. Official communications.—No public officer shall be compelled to disclose communications\nmade to him in official confidence, when he considers that the public interests would suffer by the\ndisclosure.", "section_number": "130", "section_title": "Official communications", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 130, BSA 2023" }, { "chunk_id": "BSA_131", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 131: Information as to commission of offences.]\n\n131. Information as to commission of offences.—No Magistrate or police officer shall be\ncompelled to say when he got any information as to the commission of any offence, and no revenue\nofficer shall be compelled to say when he got any information as to the commission of any offence\nagainst the public revenue.\nExplanation.—“revenue officer” means any officer employed in or about the business of any branch\nof the public revenue.", "section_number": "131", "section_title": "Information as to commission of offences", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 131, BSA 2023" }, { "chunk_id": "BSA_132", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 132: Professional communications.]\n\n132. Professional communications.—(1) No advocate, shall at any time be permitted, unless with\nhis client’s express consent, to disclose any communication made to him in the course and for the\npurpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition\nof any document with which he has become acquainted in the course and for the purpose of his\nprofessional service, or to disclose any advice given by him to his client in the course and for the purpose\nof such service:\nProvided that nothing in this section shall protect from disclosure of—\n(a) any such communication made in furtherance of any illegal purpose;\n(b) any fact observed by any advocate, in the course of his service as such, showing that any\ncrime or fraud has been committed since the commencement of his service.\n(2) It is immaterial whether the attention of such advocate referred to in the proviso to\nsub-section (1), was or was not directed to such fact by or on behalf of his client.\nExplanation.—The obligation stated in this section continues after the professional service has\nceased.\nIllustrations.\n(a) A, a client, says to B, an advocate— “I have committed forgery, and I wish you to defend me”.\nAs the defence of a man known to be guilty is not a criminal purpose, this communication is protected\nfrom disclosure.\n(b) A, a client, says to B, an advocate— “I wish to obtain possession of property by the use of a\nforged deed on which I request you to sue”. This communication, being made in furtherance of a criminal\npurpose, is not protected from disclosure.\n(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the\nproceedings, B observes that an entry has been made in A’s account book, charging A with the sum said\nto have been embezzled, which entry was not in the book at the commencement of his professional\nservice. This being a fact observed by B in the course of his service, showing that a fraud has been\ncommitted since the commencement of the proceedings, it is not protected from disclosure.\n(3) The provisions of this section shall apply to interpreters, and the clerks or employees of\nadvocates.", "section_number": "132", "section_title": "Professional communications", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 132, BSA 2023" }, { "chunk_id": "BSA_133", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 133: Privilege not waived by volunteering evidence.]\n\n133. Privilege not waived by volunteering evidence.—If any party to a suit gives evidence therein\nat his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as\nis mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a\nwitness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on\nmatters which, but for such question, he would not be at liberty to disclose.", "section_number": "133", "section_title": "Privilege not waived by volunteering evidence", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 133, BSA 2023" }, { "chunk_id": "BSA_134", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 134: Confidential communication with legal advisers.]\n\n134. Confidential communication with legal advisers.—No one shall be compelled to disclose to\nthe Court any confidential communication which has taken place between him and his legal adviser,\n\nunless he offers himself as a witness, in which case he may be compelled to disclose any such\ncommunications as may appear to the Court necessary to be known in order to explain any evidence\nwhich he has given, but no others.", "section_number": "134", "section_title": "Confidential communication with legal advisers", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 134, BSA 2023" }, { "chunk_id": "BSA_135", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 135: Production of title-deeds of witness not a party.]\n\n135. Production of title-deeds of witness not a party.—No witness who is not a party to a suit shall\nbe compelled to produce his title-deeds to any property, or any document in virtue of which he holds any\nproperty as pledgee or mortgagee or any document the production of which might tend to criminate him,\nunless he has agreed in writing to produce them with the person seeking the production of such deeds or\nsome person through whom he claims.", "section_number": "135", "section_title": "Production of title-deeds of witness not a party", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 135, BSA 2023" }, { "chunk_id": "BSA_136", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 136: Production of documents or electronic records which another person, having possession,.]\n\n136. Production of documents or electronic records which another person, having possession,\ncould refuse to produce.—No one shall be compelled to produce documents in his possession or\nelectronic records under his control, which any other person would be entitled to refuse to produce if they\nwere in his possession or control, unless such last-mentioned person consents to their production.", "section_number": "136", "section_title": "Production of documents or electronic records which another person, having possession,", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 136, BSA 2023" }, { "chunk_id": "BSA_137", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 137: Witness not excused from answering on ground that answer will criminate.]\n\n137. Witness not excused from answering on ground that answer will criminate.—A witness\nshall not be excused from answering any question as to any matter relevant to the matter in issue in any\nsuit or in any civil or criminal proceeding, upon the ground that the answer to such question will\ncriminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend\ndirectly or indirectly to expose, such witness to a penalty or forfeiture of any kind:\nProvided that no such answer, which a witness shall be compelled to give, shall subject him to any\narrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution forgiving\nfalse evidence by such answer.", "section_number": "137", "section_title": "Witness not excused from answering on ground that answer will criminate", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 137, BSA 2023" }, { "chunk_id": "BSA_138", "text": "[Context: This section is from BSA 2023, CHAPTER IX OF WITNESSES. It covers Section 138: Accomplice.]\n\n138. Accomplice.—An accomplice shall be a competent witness against an accused person; and a\nconviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.", "section_number": "138", "section_title": "Accomplice", "chapter": "CHAPTER IX OF WITNESSES", "act": "BSA 2023", "source_label": "Section 138, BSA 2023" }, { "chunk_id": "BSA_139", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 139: Number of witnesses.]\n\n139. Number of witnesses.—No particular number of witnesses shall in any case be required for the\nproof of any fact.", "section_number": "139", "section_title": "Number of witnesses", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 139, BSA 2023" }, { "chunk_id": "BSA_140", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 140: Order of production and examination of witnesses.]\n\n140. Order of production and examination of witnesses.—The order in which witnesses are\nproduced and examined shall be regulated by the law and practice for the time being relating to civil and\ncriminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.", "section_number": "140", "section_title": "Order of production and examination of witnesses", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 140, BSA 2023" }, { "chunk_id": "BSA_141", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 141: Judge to decide as to admissibility of evidence.]\n\n141. Judge to decide as to admissibility of evidence.—(1) When either party proposes to give\nevidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the\nalleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact,\nif proved, would be relevant, and not otherwise.\n(2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some\nother fact, such last mentioned fact must be proved before evidence is given of the fact first mentioned,\nunless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.\n(3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the\nJudge may, in his discretion, either permit evidence of the first fact to be given before the second fact is\nproved, or require evidence to be given of the second fact before evidence is given of the first fact.\nIllustrations.\n(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which\nstatement is relevant under section 26. The fact that the person is dead must be proved by the person\nproposing to prove the statement, before evidence is given of the statement.\n(b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the\noriginal is lost must be proved by the person proposing to produce the copy, before the copy is produced.\n(c) A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove\nthat he denied the possession of the property. The relevancy of the denial depends on the identity of the\n\nproperty. The Court may, in its discretion, either require the property to be identified before the denial of\nthe possession is proved, or permit the denial of the possession to be proved before the property is\nidentified.\n(d) It is proposed to prove a fact A which is said to have been the cause or effect of a fact in issue.\nThere are several intermediate facts B, C and D which must be shown to exist before the fact A can be\nregarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B,\nC or D is proved, or may require proof of B, C and D before permitting proof of A.", "section_number": "141", "section_title": "Judge to decide as to admissibility of evidence", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 141, BSA 2023" }, { "chunk_id": "BSA_142", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 142: Examination of witnesses.]\n\n142. Examination of witnesses.—(1) The examination of a witness by the party who calls him shall\nbe called his examination-in-chief.\n(2) The examination of a witness by the adverse party shall be called his cross-examination.\n(3) The examination of a witness, subsequent to the cross-examination, by the party who called him,\nshall be called his re-examination.", "section_number": "142", "section_title": "Examination of witnesses", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 142, BSA 2023" }, { "chunk_id": "BSA_143", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 143: Order of examinations.]\n\n143. Order of examinations.—(1) Witnesses shall be first examined-in-chief, then (if the adverse\nparty so desires) cross-examined, then (if the party calling him so desires) re-examined.\n(2) The examination-in-chief and cross-examination must relate to relevant facts, but the\ncross-examination need not be confined to the facts to which the witness testified on his examination-in-\nchief.\n(3) The re-examination shall be directed to the explanation of matters referred to in\ncross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the\nadverse party may further cross-examine upon that matter.", "section_number": "143", "section_title": "Order of examinations", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 143, BSA 2023" }, { "chunk_id": "BSA_144", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 144: Cross-examination of person called to produce a document.]\n\n144. Cross-examination of person called to produce a document.—A person summoned to\nproduce a document does not become a witness by the mere fact that he produces it, and cannot be\ncross-examined unless and until he is called as a witness.", "section_number": "144", "section_title": "Cross-examination of person called to produce a document", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 144, BSA 2023" }, { "chunk_id": "BSA_145", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 145: Witnesses to character.]\n\n145. Witnesses to character.—Witnesses to character may be cross-examined and re-examined.", "section_number": "145", "section_title": "Witnesses to character", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 145, BSA 2023" }, { "chunk_id": "BSA_146", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 146: Leading questions.]\n\n146. Leading questions.—(1) Any question suggesting the answer which the person putting it\nwishes or expects to receive, is called a leading question.\n(2) Leading questions must not, if objected to by the adverse party, be asked in an\nexamination-in-chief, or in a re-examination, except with the permission of the Court.\n(3) The Court shall permit leading questions as to matters which are introductory or undisputed, or\nwhich have, in its opinion, been already sufficiently proved.\n(4) Leading questions may be asked in cross-examination.", "section_number": "146", "section_title": "Leading questions", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 146, BSA 2023" }, { "chunk_id": "BSA_147", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 147: Evidence as to matters in writing.]\n\n147. Evidence as to matters in writing.—Any witness may be asked, while under examination,\nwhether any contract, grant or other disposition of property, as to which he is giving evidence, was not\ncontained in a document, and if he says that it was, or if he is about to make any statement as to the\ncontents of any document, which, in the opinion of the Court, ought to be produced, the adverse party\nmay object to such evidence being given until such document is produced, or until facts have been proved\nwhich entitle the party who called the witness to give secondary evidence of it.\nExplanation.—A witness may give oral evidence of statements made by other persons about the\ncontents of documents if such statements are in themselves relevant facts.\nIllustration.\nThe question is, whether A assaulted B. C deposes that he heard A say to D— “B wrote a letter\naccusing me of theft, and I will be revenged on him”. This statement is relevant, as showing A's motive\nfor the assault, and evidence may be given of it, though no other evidence is given about the letter.", "section_number": "147", "section_title": "Evidence as to matters in writing", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 147, BSA 2023" }, { "chunk_id": "BSA_148", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 148: Cross-examination as to previous statements in writing.]\n\n148. Cross-examination as to previous statements in writing.—A witness may be cross-examined\nas to previous statements made by him in writing or reduced into writing, and relevant to matters in\nquestion, without such writing being shown to him, or being proved; but, if it is intended to contradict\n\nhim by the writing, his attention must, before the writing can be proved, be called to those parts of it\nwhich are to be used for the purpose of contradicting him.", "section_number": "148", "section_title": "Cross-examination as to previous statements in writing", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 148, BSA 2023" }, { "chunk_id": "BSA_149", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 149: Questions lawful in cross-examination.]\n\n149. Questions lawful in cross-examination.—When a witness is cross-examined, he may, in\naddition to the questions hereinbefore referred to, be asked any questions which tend—\n(a) to test his veracity; or\n(b) to discover who he is and what is his position in life; or\n(c) to shake his credit, by injuring his character, although the answer to such questions might tend\ndirectly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to\na penalty or forfeiture:\nProvided that in a prosecution for an offence under section 64, section 65, section 66,\nsection 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for\nattempt to commit any such offence, where the question of consent is an issue, it shall not be permissible\nto adduce evidence or to put questions in the cross-examination of the victim as to the general immoral\ncharacter, or previous sexual experience, of such victim with any person for proving such consent or the\nquality of consent.", "section_number": "149", "section_title": "Questions lawful in cross-examination", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 149, BSA 2023" }, { "chunk_id": "BSA_150", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 150: When witness to be compelled to answer.]\n\n150. When witness to be compelled to answer.—If any such question relates to a matter relevant to\nthe suit or proceeding, the provisions of section 137 shall apply thereto.", "section_number": "150", "section_title": "When witness to be compelled to answer", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 150, BSA 2023" }, { "chunk_id": "BSA_151", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 151: Court to decide when question shall be asked and when witness compelled to.]\n\n151. Court to decide when question shall be asked and when witness compelled to\nanswer.—(1) If any such question relates to a matter not relevant to the suit or proceeding, except in so\nfar as it affects the credit of the witness by injuring his character, the Court shall decide whether or not\nthe witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not\nobliged to answer it.\n(2) In exercising its discretion, the Court shall have regard to the following considerations,\nnamely:—\n(a) such questions are proper if they are of such a nature that the truth of the imputation conveyed\nby them would seriously affect the opinion of the Court as to the credibility of the witness on the\nmatter to which he testifies;\n(b) such questions are improper if the imputation which they convey relates to matters so remote\nin time, or of such a character, that the truth of the imputation would not affect, or would affect in a\nslight degree, the opinion of the Court as to the credibility of the witness on the matter to which he\ntestifies;\n(c) such questions are improper if there is a great disproportion between the importance of the\nimputation made against the witness's character and the importance of his evidence;\n(d) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the\nanswer if given would be unfavourable.", "section_number": "151", "section_title": "Court to decide when question shall be asked and when witness compelled to", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 151, BSA 2023" }, { "chunk_id": "BSA_152", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 152: Question not to be asked without reasonable grounds.]\n\n152. Question not to be asked without reasonable grounds.—No such question as is referred to in\nsection 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the\nimputation which it conveys is well-founded.\nIllustrations.\n(a) An advocate is instructed by another advocate that an important witness is a dacoit. This is a\nreasonable ground for asking the witness whether he is a dacoit.\n(b) An advocate is informed by a person in Court that an important witness is a dacoit. The\ninformant, on being questioned by the advocate, gives satisfactory reasons for his statement. This is a\nreasonable ground for asking the witness whether he is a dacoit.\n(c) A witness, of whom nothing whatever is known, is asked at random whether he is a dacoit. There\nare here no reasonable grounds for the question.\n\n(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and\nmeans of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a\ndacoit.", "section_number": "152", "section_title": "Question not to be asked without reasonable grounds", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 152, BSA 2023" }, { "chunk_id": "BSA_153", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 153: Procedure of Court in case of question being asked without reasonable.]\n\n153. Procedure of Court in case of question being asked without reasonable\ngrounds.—If the Court is of opinion that any such question was asked without reasonable grounds, it\nmay, if it was asked by any advocate, report the circumstances of the case to the High Court or other\nauthority to which such advocate is subject in the exercise of his profession.", "section_number": "153", "section_title": "Procedure of Court in case of question being asked without reasonable", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 153, BSA 2023" }, { "chunk_id": "BSA_154", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 154: Indecent and scandalous questions.]\n\n154. Indecent and scandalous questions.—The Court may forbid any questions or inquiries\nwhich it regards as indecent or scandalous, although such questions or inquiries may have some bearing\non the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known\nin order to determine whether or not the facts in issue existed.", "section_number": "154", "section_title": "Indecent and scandalous questions", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 154, BSA 2023" }, { "chunk_id": "BSA_155", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 155: Questions intended to insult or annoy.]\n\n155. Questions intended to insult or annoy.—The Court shall forbid any question which\nappears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court\nneedlessly offensive in form.", "section_number": "155", "section_title": "Questions intended to insult or annoy", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 155, BSA 2023" }, { "chunk_id": "BSA_156", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 156: Exclusion of evidence to contradict answers to questions testing veracity.]\n\n156. Exclusion of evidence to contradict answers to questions testing veracity.—When a\nwitness has been asked and has answered any question which is relevant to the inquiry only in so far as it\ntends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he\nanswers falsely, he may afterwards be charged with giving false evidence.\nException 1.—If a witness is asked whether he has been previously convicted of any crime and\ndenies it, evidence may be given of his previous conviction.\nException 2.—If a witness is asked any question tending to impeach his impartiality, and answers it\nby denying the facts suggested, he may be contradicted.\nIllustrations.\n(a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether,\nin a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that\nhe did make such a claim. The evidence is inadmissible.\n(b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it.\nEvidence is offered to show that he was dismissed for dishonesty. The evidence is not admissible.\n(c) A affirms that on a certain day he saw B at Goa. A is asked whether he himself was not on that\nday at Varanasi. He denies it. Evidence is offered to show that A was on that day at Varanasi. The\nevidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the\nalleged fact that B was seen on the day in question in Goa. In each of these cases, the witness might, if his\ndenial was false, be charged with giving false evidence.\n(d) A is asked whether his family has not had a blood feud with the family of B against whom he\ngives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his\nimpartiality.", "section_number": "156", "section_title": "Exclusion of evidence to contradict answers to questions testing veracity", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 156, BSA 2023" }, { "chunk_id": "BSA_157", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 157: Question by party to his own witness.]\n\n157. Question by party to his own witness.—(1) The Court may, in its discretion, permit the\nperson who calls a witness to put any question to him which might be put in cross-examination by the\nadverse party.\n(2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on\nany part of the evidence of such witness.", "section_number": "157", "section_title": "Question by party to his own witness", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 157, BSA 2023" }, { "chunk_id": "BSA_158", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 158: Impeaching credit of witness.]\n\n158. Impeaching credit of witness.—The credit of a witness may be impeached in the following\nways by the adverse party, or, with the consent of the Court, by the party who calls him—\n(a) by the evidence of persons who testify that they, from their knowledge of the witness, believe\nhim to be unworthy of credit;\n\n(b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received\nany other corrupt inducement to give his evidence;\n(c) by proof of former statements inconsistent with any part of his evidence which is liable to be\ncontradicted.\nExplanation.—A witness declaring another witness to be unworthy of credit may not, upon his\nexamination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination,\nand the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be\ncharged with giving false evidence.\nIllustrations.\n(a) A sues B for the price of goods sold and delivered to B. C says that he delivered the goods to B.\nEvidence is offered to show that, on a previous occasion, he said that he had not delivered goods to B.\nThe evidence is admissible.\n(b) A is accused of the murder of B. C says that B, when dying, declared that A had given B the\nwound of which he died. Evidence is offered to show that, on a previous occasion, C said that B, when\ndying, did not declare that A had given B the wound of which he died. The evidence is admissible.", "section_number": "158", "section_title": "Impeaching credit of witness", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 158, BSA 2023" }, { "chunk_id": "BSA_159", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 159: Questions tending to corroborate evidence of relevant fact, admissible.]\n\n159. Questions tending to corroborate evidence of relevant fact, admissible.—When a\nwitness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as\nto any other circumstances which he observed at or near to the time or place at which such relevant fact\noccurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of\nthe witness as to the relevant fact which he testifies.\nIllustration.\nA, an accomplice, gives an account of a robbery in which he took part. He describes various incidents\nunconnected with the robbery which occurred on his way to and from the place where it was committed.\nIndependent evidence of these facts may be given in order to corroborate his evidence as to the robbery\nitself.", "section_number": "159", "section_title": "Questions tending to corroborate evidence of relevant fact, admissible", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 159, BSA 2023" }, { "chunk_id": "BSA_160", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 160: Former statements of witness may be proved to corroborate later testimony as to.]\n\n160. Former statements of witness may be proved to corroborate later testimony as to\nsame fact.—In order to corroborate the testimony of a witness, any former statement made by such\nwitness relating to the same fact, at or about the time when the fact took place, or before any authority\nlegally competent to investigate the fact, may be proved.", "section_number": "160", "section_title": "Former statements of witness may be proved to corroborate later testimony as to", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 160, BSA 2023" }, { "chunk_id": "BSA_161", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 161: What matters may be proved in connection with proved statement relevant under.]\n\n161. What matters may be proved in connection with proved statement relevant under\nsection 26 or 27.—Whenever any statement, relevant under section 26 or 27, is proved, all matters may\nbe proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of\nthe person by whom it was made, which might have been proved if that person had been called as a\nwitness and had denied upon cross-examination the truth of the matter suggested.", "section_number": "161", "section_title": "What matters may be proved in connection with proved statement relevant under", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 161, BSA 2023" }, { "chunk_id": "BSA_162", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 162: Refreshing memory.]\n\n162. Refreshing memory.—(1) A witness may, while under examination, refresh his memory by\nreferring to any writing made by himself at the time of the transaction concerning which he is questioned,\nor so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his\nmemory:\nProvided that the witness may also refer to any such writing made by any other person, and read by\nthe witness within the time aforesaid, if when he read it, he knew it to be correct.\n(2) Whenever a witness may refresh his memory by reference to any document, he may, with the\npermission of the Court, refer to a copy of such document:\nProvided that the Court be satisfied that there is sufficient reason for the non-production of the\noriginal:\nProvided further that an expert may refresh his memory by reference to professional treatises.", "section_number": "162", "section_title": "Refreshing memory", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 162, BSA 2023" }, { "chunk_id": "BSA_163", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 163: Testimony to facts stated in document mentioned in section 162.]\n\n163. Testimony to facts stated in document mentioned in section 162.—A witness may also\ntestify to facts mentioned in any such document as is mentioned in section 162, although he has no\nspecific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the\ndocument.\nIllustration.\nA book-keeper may testify to facts recorded by him in books regularly kept in the course of business,\nif he knows that the books were correctly kept, although he has forgotten the particular transactions\nentered.", "section_number": "163", "section_title": "Testimony to facts stated in document mentioned in section 162", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 163, BSA 2023" }, { "chunk_id": "BSA_164", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 164: Right of adverse party as to writing used to refresh memory.]\n\n164. Right of adverse party as to writing used to refresh memory.—Any writing referred to\nunder the provisions of the two last preceding sections shall be produced and shown to the adverse party\nif he requires it; such party may, if he pleases, cross-examine the witness thereupon.", "section_number": "164", "section_title": "Right of adverse party as to writing used to refresh memory", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 164, BSA 2023" }, { "chunk_id": "BSA_165", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 165: Production of documents.]\n\n165. Production of documents.—(1) A witness summoned to produce a document shall, if it is in\nhis possession or power, bring it to Court, notwithstanding any objection which there may be to its\nproduction or to its admissibility:\nProvided that the validity of any such objection shall be decided on by the Court.\n(2) The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take\nother evidence to enable it to determine on its admissibility.\n(3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it\nthinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence\nand, if the interpreter disobeys such direction, he shall be held to have committed an offence\nunder section 198 of the Bharatiya Nyaya Sanhita, 2023:\nProvided that no Court shall require any communication between the Ministers and the President of\nIndia to be produced before it.", "section_number": "165", "section_title": "Production of documents", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 165, BSA 2023" }, { "chunk_id": "BSA_166", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 166: Giving, as evidence, of document called for and produced on notice.]\n\n166. Giving, as evidence, of document called for and produced on notice.—When a party\ncalls for a document which he has given the other party notice to produce, and such document is\nproduced and inspected by the party calling for its production, he is bound to give it as evidence if the\nparty producing it requires him to do so.", "section_number": "166", "section_title": "Giving, as evidence, of document called for and produced on notice", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 166, BSA 2023" }, { "chunk_id": "BSA_167", "text": "[Context: This section is from BSA 2023, CHAPTER X OF EXAMINATION OF WITNESSES. It covers Section 167: Using, as evidence, of document production of which was refused on.]\n\n167. Using, as evidence, of document production of which was refused on\nnotice.— When a party refuses to produce a document which he has had notice to produce, he cannot\nafterwards use the document as evidence without the consent of the other party or the order of the Court.\nIllustration.\nA sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and\nB refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document\nitself to contradict the secondary evidence given by A, or in order to show that the agreement is not\nstamped. He cannot do so.", "section_number": "167", "section_title": "Using, as evidence, of document production of which was refused on", "chapter": "CHAPTER X OF EXAMINATION OF WITNESSES", "act": "BSA 2023", "source_label": "Section 167, BSA 2023" }, { "chunk_id": "BSA_168", "text": "[Context: This section is from BSA 2023, CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE. It covers Section 168: Judge’s power to put questions or order production.]\n\n168. Judge’s power to put questions or order production.—The Judge may, in order to\ndiscover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any\ntime, of any witness, or of the parties about any fact; and may order the production of any document or\nthing; and neither the parties nor their representatives shall be entitled to make any objection to any such\nquestion or order, nor, without the leave of the Court, to cross-examine any witness upon any answer\ngiven in reply to any such question:\nProvided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and\nduly proved:\nProvided further that this section shall not authorise any Judge to compel any witness to answer any\nquestion, or to produce any document which such witness would be entitled to refuse to answer or\nproduce under sections 127 to 136, both inclusive, if the question were asked or the document were called\nfor by the adverse party; nor shall the Judge ask any question which it would be improper for any other\n\nperson to ask under section 151 or 152; nor shall he dispense with primary evidence of any document,\nexcept in the cases hereinbefore excepted.", "section_number": "168", "section_title": "Judge’s power to put questions or order production", "chapter": "CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE", "act": "BSA 2023", "source_label": "Section 168, BSA 2023" }, { "chunk_id": "BSA_169", "text": "[Context: This section is from BSA 2023, CHAPTER XII REPEAL AND SAVINGS. It covers Section 169: No new trial for improper admission or rejection of evidence.]\n\n169. No new trial for improper admission or rejection of evidence.—The improper\nadmission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision\nin any case, if it shall appear to the Court before which such objection is raised that, independently of the\nevidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the\nrejected evidence had been received, it ought not to have varied the decision.", "section_number": "169", "section_title": "No new trial for improper admission or rejection of evidence", "chapter": "CHAPTER XII REPEAL AND SAVINGS", "act": "BSA 2023", "source_label": "Section 169, BSA 2023" }, { "chunk_id": "BSA_170", "text": "[Context: This section is from BSA 2023, CHAPTER XII REPEAL AND SAVINGS. It covers Section 170: Repeal and savings.]\n\n170. Repeal and savings.—(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.\n(2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into\nforce, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such\napplication, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of\nthe Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this\nAdhiniyam had not come into force.", "section_number": "170", "section_title": "Repeal and savings", "chapter": "CHAPTER XII REPEAL AND SAVINGS", "act": "BSA 2023", "source_label": "Section 170, BSA 2023" } ]